Florida Criminal Offense

Indecent Lewd or Lascivious Touching of Certain Minors

Lewd or lascivious touching by a person 24 or older involving a person 16 or 17 years of age.

FelonyThird Degree

Florida Statute

§ 794.051

Indecent, lewd, or lascivious touching of certain minors

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Confirm qualifying touching or inducement, an offender age of 24 or older, and a victim age of 16 or 17. The statute excludes an emancipated 16- or 17-year-old.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

Element 1
AND — Required
All of the following must be proven
The defendant intentionally touched the specified area of the victim in a lewd or lascivious manner, or forced or enticed the victim to so touch the defendant.
Plain language: There must be qualifying lewd touching or inducement.
Element 2
AND — Required
All of the following must be proven
At the time, the defendant was 24 years of age or older.
Plain language: The defendant was at least 24.
Element 3
AND — Required
All of the following must be proven
At the time, the victim was 16 or 17 years of age.
Plain language: The victim was 16 or 17.

Jury Instructions

Instruction 11.7(a)

Indecent, Lewd, or Lascivious Touching of Certain Minors

Covers section 794.051.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Important Definitions

Specified Areas

The breasts, genitals, genital area, buttocks, or clothing covering them.

Disabilities of Nonage Removed

The section does not apply to a person 16 or 17 years of age whose disability of nonage has been removed under Chapter 743.

Lewd or Lascivious

Wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

Additional Notes

Quick Reference

Confirm qualifying touching or inducement, defendant age 24 or older, victim age 16 or 17, and that the statutory exception does not apply.

Classification

This offense is a third-degree felony under section 794.051(1).

Age Is Not a Defense

The standard instruction states that ignorance, misrepresentation, or a bona fide belief about the victim's age is not a defense; verify current charging and instruction language.