Lewd or Lascivious Molestation Defense in Clearwater

Former Prosecutors Defending You Against a Serious Molestation Allegation

An accusation of lewd or lascivious molestation can threaten your freedom, reputation, employment, and family relationships before the criminal case is resolved. Often described as child molestation, the allegation requires a careful response from the outset. We defend people accused of this offense in Clearwater and throughout Pinellas County.

Don’t discuss the allegations with law enforcement, investigators, witnesses, or anyone online before obtaining legal advice. An early review can identify the alleged conduct, relevant dates and locations, communications, records, potential witnesses, and statements already made.

Call (727) 245-9009 to discuss the investigation, arrest, or charge with our criminal defense attorneys.

Florida’s Lewd or Lascivious Molestation Law

Florida Statute 800.04 addresses lewd or lascivious offenses committed upon or in the presence of someone younger than 16. Molestation generally involves intentionally touching specified intimate areas, including clothing covering those areas, or causing a child to touch the accused in a prohibited manner. The State must prove every element of the applicable charge beyond a reasonable doubt.

The statute distinguishes this offense from lewd or lascivious battery, conduct, and exhibition. The alleged acts determine which provision may apply because touching, sexual activity, solicitation, and exposure aren’t interchangeable under the law.

Lewd or lascivious conduct involves a prohibited sexual or sensual intent. The surrounding circumstances and available evidence therefore require close review.

How Age Affects Charges & Potential Consequences

Florida law treats allegations involving a child younger than 12 differently from those involving someone who is 12 through 15. The accused person’s age can also change the applicable subsection, felony classification, and sentencing exposure.

Depending on the charge and specific facts, potential consequences may include:

• Incarceration and fines
• Probation and court-ordered restrictions
• Restrictions following release
• Sex-offender registration when statutory criteria are met

The charging subsection, ages involved, factual findings, and procedural posture control the potential consequences. Under Florida Statute 800.04, the alleged victim’s consent or lack of chastity and the accused person’s mistaken belief about age generally can’t be raised as defenses where the statutory exclusions apply.

How We Evaluate the Evidence

We examine what the State must prove and whether admissible evidence supports every required element. The existence of an accusation doesn’t relieve the prosecution of its burden of proof.

Our review may address:

• Alleged Conduct: The claimed contact, intent, timing, location, and identity of those involved.
• Statements and Interviews: Prior accounts, interview methods, changes in details, and statements attributed to the accused.
• Physical and Digital Evidence: Communications, device records, documents, physical evidence, and the documented chain of custody.
• Constitutional Protections: Whether investigators obtained statements or evidence in compliance with constitutional requirements.

The defense strategy depends on the evidence, charging decision, and procedural stage. It may involve further investigation, motions concerning the admissibility of evidence, negotiations, trial preparation, or a combination of these steps.

How Clearwater Cases Move Through Pinellas County Courts

Pinellas County criminal proceedings take place within Florida’s Sixth Judicial Circuit. The Pinellas County Justice Center is the county’s primary criminal and judicial facility, although the assigned location and schedule depend on the charge and court.

A prosecution may progress through investigation, arrest or formal charging, first appearance, arraignment, discovery, motions, plea discussions, and trial. The sequence varies based on the charge, custody status, and procedural posture. We handle criminal defense matters in Clearwater, Pinellas County, St. Petersburg, and New Port Richey and understand the local judicial landscape.

Over 35 Years of Combined Legal Experience

Tinny, Meyer & Piccarreto, P.A. brings over 35 years of combined legal experience to serious criminal cases. As former prosecutors, our attorneys understand how charging authorities assess allegations, witness accounts, and disputed evidence. We provide discreet, responsive communication and tailor our approach to each client’s circumstances and goals. Our attorneys are available 24/7 for emergencies involving criminal investigations and arrests.

Request a Discreet Review of the Accusation

If you’re under investigation or facing a lewd or lascivious molestation charge, you can contact us and provide any available arrest paperwork, charging documents, or investigator information. During a consultation, we can assess the current posture, explain the next steps, and discuss a defense approach based on the available facts. Until then, avoid posting about the case or trying to explain the allegations to investigators.

Call (727) 245-9009 to speak with Tinny, Meyer & Piccarreto, P.A. about your defense.