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F.S. 825.1025 on Google Scholar

F.S. 825.1025 on Casetext

Amendments to 825.1025


The 2019 Florida Statutes

Statutes updated from Official Statutes on: September 19, 2019
Title XLVI
CRIMES
Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
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F.S. 825.1025 Florida Statutes and Case Law
825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
(1) As used in this section, “sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(2)(a) “Lewd or lascivious battery upon an elderly person or disabled person” occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.
(b) A person who commits lewd or lascivious battery upon an elderly person or disabled person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) “Lewd or lascivious molestation of an elderly person or disabled person” occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent.
(b) A person who commits lewd or lascivious molestation of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)(a) “Lewd or lascivious exhibition in the presence of an elderly person or disabled person” occurs when a person, in the presence of an elderly person or disabled person:
1. Intentionally masturbates;
2. Intentionally exposes his or her genitals in a lewd or lascivious manner; or
3. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled person, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity,

when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence.

(b) A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 4, ch. 96-322; s. 1, ch. 2002-159.
F.S. 825.1025 on Google Scholar

F.S. 825.1025 on Casetext

Amendments to 825.1025


Arrestable Offenses / Crimes under Fla. Stat. 825.1025
Level: Degree
Misdemeanor/Felony: First/Second/Third

825.1025 2 - SEX ASSLT - LEWD LASCIVIOUS BATT ELDERLY DISABLED PERSON - F: S
825.1025 3 - SEX ASSLT - LEWD LASCIVIOUS MOLEST ELDERLY DISABLED PERSON - F: T
825.1025 4 - INDECENT EXPOSURE - LEWD LASCV IN PRESENCE ELDERLY DISABLED PERSON - F: T


Civil Citations / Citable Offenses under S825.1025
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 825.1025.


Annotations, Discussions, Cases: