Lewd and Lascivious Molestation in Florida: What a Recent Appeals Case Reveals About Sentencing
Criminal charges involving minors are some of the most serious cases prosecutors take on in Florida. Lewd and lascivious molestation, in particular, can carry lengthy prison time and lifelong consequences if someone gets convicted. But even with serious accusations on the table, Florida courts still have to follow strict sentencing rules.
A recent appeals court decision shows how sentencing works in Florida and why errors can send a case back to square one.
How This Crime Is Sentenced
While there’s a maximum penalty set by law for lewd and lascivious molestation in Florida, judges don’t just pick a number out of thin air. Florida uses the Criminal Punishment Code. Courts use a score sheet where points are assigned based on things like:
- How severe the crime was
- The total number of offenses
- The victim’s age
- The defendant’s rap sheet
The points are then used to calculate the lowest permissible prison sentence (LPS) a judge can hand out. Sometimes, this minimum winds up being more than the maximum sentence for the crime. If that happens, judges have to follow specific legal rules.
A Real Case Example
A ruling from Florida’s Fourth District Court of Appeal shows how errors in sentencing can happen. In this case, a defendant was found guilty in Broward County of two counts of sexual battery against a child under 12, along with three counts of lewd and lascivious molestation involving a child under 12. The trial court handed down a sentence of 30 years in prison, followed by lifetime probation for the three molestation counts, with the sentences running concurrently.
The defendant appealed the decision. While the appellate court upheld the convictions, it took a closer look at the legality of the sentence given for the molestation charges. The sentencing scoresheet in this case totaled over 460 points, resulting in a calculated minimum permissible sentence of approximately 325.5 months in prison, or roughly 27 years.
Since this calculated minimum exceeded the usual 15-year statutory maximum for a second-degree felony, Florida law restricted the sentencing options available to the court. The trial judge could only impose:
- A life sentence, or
- The calculated 325.5-month prison term.
However, the court imposed 30-year prison sentences followed by lifetime probation, which fell outside the permissible sentencing guidelines.
What the Appeals Court Decided
The Fourth District Court of Appeal found that the sentence for the three lewd and lascivious molestation counts was illegal according to Florida law. Consequently, the appellate court upheld the convictions but overturned the sentences for those counts, sending the case back to the trial court for resentencing.
The appellate court directed the lower court to impose the calculated sentence of 325.5 months in prison for each of the three counts, to be served concurrently. The court also clarified that lifetime probation could not be imposed, as it would exceed the maximum allowed sentence.
Key Takeaway
This case shows that even when someone is convicted of serious offenses against minors, if a sentence exceeds the legal limits, an appellate court can intervene to rectify the mistake.
Contact Us for Legal Help
If you or a loved one is facing lewd and lascivious molestation charges in Florida, contact an experienced Orlando child abuse lawyer today to understand your rights and protect your future.
Source:
scholar.google.com/scholar_case?case=17716168095730815941&q=lewd+molestation&hl=en&as_sdt=4,10,325,326,327&as_ylo=2026
