Home Law 5 Defense Strategies for Lewd and Lascivious Behavior

5 Defense Strategies for Lewd and Lascivious Behavior


Lewd and lascivious behavior, in legal terms, describes inappropriate sexual behavior with a victim under the age of 16. Lewd and lascivious behavior can have severe repercussions, with first, second, and third-degree felonies often resulting in fines and jail time.

Being accused of such behavior can be life-changing. As a result, seeking legal representation can be crucial. Your chosen lawyer may be able to put together a strong defense using these strategies: 

A Lack of Intent

When you’ve been charged with lewd and lascivious behavior, your lawyer may recommend a lack of intent as your defense strategy based on what you say happened. 

For example, someone charged with lewd and lascivious molestation may not have been inappropriately touching a child under 16 on their genitals, breasts, or buttocks, as the charges indicate.

Instead, they may have brushed past them and accidentally touched those areas. Alternatively, they may have removed a bug or swatted away a fly. If you choose a lack of intent as your defense strategy, you must compile substantial evidence to support your case. 

Insufficient Evidence

Whether someone is guilty of a crime or not, there needs to be enough evidence for a judge or jury to say it happened beyond a reasonable doubt. Otherwise, there’s a chance they’ll be sending an innocent person to prison. 

If you don’t believe the prosecution has substantial evidence to form their case, you may use insufficient evidence as your defense strategy. Experienced lawyers can make judges and juries doubt the prosecutor’s version of events, potentially resulting in an acquittal. 

An Alibi

Some people accuse others of crime out of revenge or to punish the person. They may also accuse someone of a crime in a case of mistaken identity. Having an alibi can be a solid defense strategy in either of these situations.

The digital age has undoubtedly made this easier. You may be acquitted of your charges if you can access receipts, camera footage, or other time-stamped evidence to prove you weren’t where the victim said you were. 

A False Accusation

Not everyone facing a lewd and lascivious behavior charge is guilty of that crime. Some people can accuse others of such behavior to benefit themselves in an unrelated situation.

The best criminal defense lawyers will research the alleged victim or accuser’s background to gain insight into their possible intentions and even a history of dishonesty. Sometimes, they can prove that someone made up a story to benefit themselves. 

Police Errors

Law enforcement must take a series of steps to arrest and charge someone for a crime. If your lawyer has found any errors in how they attempted to hold you to account for your actions, they may be able to use those to fight for a reduced sentence or acquittal.

For example, they might have used illegal interrogation tactics or searched your house without a warrant. Any evidence they found from their errors may not be allowed to be used. 

Being accused of lewd and lascivious behavior doesn’t always mean you’ll go to jail or be fined for that crime. Your lawyer may be able to rely on these defense strategies above to secure a more favorable outcome. 


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