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F.S. 825.1025 on Google Scholar

F.S. 825.1025 on Casetext

Amendments to 825.1025


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
View Entire Chapter
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, the term:
(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital 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; s. 8, ch. 2022-165.

Statutes updated from Official Statutes on: March 07, 2023
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:

  1. Mesen v. State

    271 So. 3d 164 (Fla. Dist. Ct. App. 2019)   Cited 5 times
    The State charged Mr. Mesen with two crimes arising out of this incident—lewd or lascivious battery upon an elderly or disabled person, in violation of section 825.1025(2)(a), Florida Statutes (2013), and lewd or lascivious exhibition in the presence of an elderly or disabled person, in violation of section 825.1025(4)(a). Notably, Mr. Mesen was not charged with lewd or lascivious molestation of an elderly or disabled person. That crime is limited to cases in which the defendant intentionally touches the victim's breasts, genitals, genital area, buttocks, or the clothing covering those areas, in a lewd or lascivious manner; it does not encompass the converse—the victim touching the defendant. See § 825.1025(3)(a).
    PAGE 166

  2. Acevedo v. State

    218 So. 3d 878 (Fla. 2017)   Cited 2 times
    • Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, section 825.1025, Florida Statutes (2005) ;
    PAGE 880

  3. In re Standard Jury Instructions in Criminal Cases—Report 2018-04.

    257 So. 3d 370 (Fla. 2018)   Cited 3 times
    If 2a or 2c is alleged, define the act charged from § 825.1025(1), Fla. Stat.
    PAGE 401

  4. Durant v. State

    94 So. 3d 669 (Fla. Dist. Ct. App. 2012)   Cited 4 times
    (2) Any person who is convicted of a violation of s. 787.025(2)(c); s. 794.011 (2), (3), (4), (5), or (8);s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person:
    PAGE 670

  5. Abrams v. State

    971 So. 2d 1033 (Fla. Dist. Ct. App. 2008)   Cited 12 times
    (2) Any person who is convicted of a violation of s. 787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. 847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person:

  6. Lawson v. State

    51 So. 3d 1287 (Fla. Dist. Ct. App. 2011)   Cited 5 times
    In November 2008, the Florida Department of Law Enforcement notified the Lee County Sheriffs Office that DNA evidence obtained from the victim's person matched Mr. Lawson's DNA. On November 20, 2008, the State Attorney for the Twentieth Judicial Circuit filed an information charging Mr. Lawson with three crimes arising out of the incident: count one, burglary of a dwelling with assault or battery in violation of section 810.02(2), Florida Statutes (2002), a first-degree felony punishable by life; count two, lewd or lascivious battery upon an elderly person in violation of section 825.1025(2), Florida Statutes (2002), a second-degree felony; and count three, abuse of an elderly person in violation of section 825.102(1), a third-degree felony.
    PAGE 1288

  7. Gosling v. State

    No. 4D11-1251 (Fla. Dist. Ct. App. Jul. 25, 2012)
    excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and
    PAGE 2

  8. Wright v. State

    65 So. 3d 1092 (Fla. Dist. Ct. App. 2011)   Cited 1 times
    (e) Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in this state, and which is similar in elements to an offense described in this paragraph,
    PAGE 1093

  9. Walker v. State

    851 So. 2d 863 (Fla. Dist. Ct. App. 2003)   Cited 4 times
    b. Any felony violation, or any attempt thereof, of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a violation of a similar law of another jurisdiction.

  10. In re Standard Jury Instructions in Criminal Cases-Instruction

    116 So. 3d 1223 (Fla. 2013)   Cited 1 times
    Section 794.0115 sets forth the requirements for establishing that an individual is a “dangerous sexual felony offender.” § 794.0115, Fla. Stat. (2012). First, the defendant must have been convicted of violating one of the statutory provisions set out in section 794.0115(2)—i.e., section 787.025(2)(c); section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825.1025( 2) or (3); section 827.071(2), (3), or (4); or section 847.0145; or of any similar offense under a former designation. Second, the defendant must have been eighteen years or older at the time he or she committed the offense. Third, the defendant must have done one of the following: (a) caused serious personal injury to the victim as the result of the commission of the offense; (b) used or threatened to use a deadly weapon during the commission of the offense; (c) victimized more than one person during the course of the criminal episode applicable to the offense; (d) been under the jurisdiction of a court for a felony offense under the laws of Florida, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in…