Lascivious Act with a Child
Any allegation of a sexual motivated crime against a child can be punished severely under Ohio law. False allegations in these type of cases do occur for a myriad of different reasons. If you are under investigation for any type of sexually motivated crime, never talk to any law enforcement officer about the allegations until after you have spoken with an attorney.
In addition to the charge of committing a lascivious act, other types of criminal charges involve sexually motivated crimes against children. Those related offenses can include;
- sexual abuse in the second degree, in violation of section 709.3;
- sexual abuse in the third degree, in violation of section 709.4; and
- indecent contact with a child, in violation of section 709.12(1) and (2).
Invoking your right to remain silent is particularly important when you are innocent of the charges. Act quickly to obtain legal advice from a qualified sex crimes attorney who can help you decide how to fight the allegations.
Attorney for "Lascivious Acts with a Child" in Des Moines, Iowa
The attorneys at McCarthy & Hamrock, P.C. represent clients throughout the greater Des Moines area who are charged with serious sex crimes including cases in Polk County and Dallas County, Iowa.
Call (515) 279-9700 today to discuss the case with an experienced criminal defense attorney who stands ready to aggressively fight the charges against you.
Information Center for Crimes Against Children in Iowa
- Penalties for the Crime of Committing a Lascivious Act with a Child
- Types of Lascivious Acts Prosecuted in Iowa
- Finding an Attorney for Charges of Committing a Lascivious Act in Polk County
The crime of committing a lascivious act with a child is normally charged as a class “C” felony which is punishable by a prison term of up to ten years and a fine of $1,000 to $10,000 under Iowa Code § 902.9. It is also possible for the charge of committing a lascivious act with a child to be classified as a class “D” felony when it is alleged that during the lascivious act pain or discomfort was inflict upon the child.
A class “D” felony is punishable by up to five years’ imprisonment and a fine of $750 to $7,500. (Iowa Code § 902.9.).
Iowa Code section 709.8 prohibits any lascivious act with a child. The standard jury instructions for this serious charge are set out in 900.4 which provides for the following elements:
1. The defendant with or without the child’s consent:
a. fondled or touched the pubes or genitals of the child; or
b. Permitted or caused the child to fondle or touch the defendant's genitals or pubes; or
c. solicited the child to engage in a sex act; or
d. inflicted pain or discomfort upon the child; or
e. permitted the child to inflict pain or discomfort on the defendant.
2. The defendant did so with the specific intent to arouse or satisfy the sexual desires of the defendant or the child.
3. The defendant was then 18 years of age or older.
4. The child was then under the age of 14 years.
5. The defendant and the child were not then married to each other [at the time of the offense].*
*The fifth element becomes an issue in the case only if the defendant raises the issue of cohabitation as husband and wife as excusing the conduct and if a fact issue exists.
If you are charged with the crime of Lascivious Conduct with a Minor under Iowa Code § 709.14, the statute of limitations requires that the case is brought by the later of either:
- within ten (10) years after the victim attains eighteen (18) years of age; or
- if the offender is identified through the use of a DNA profile, within three (3) years from the date the offender is identified by his or her DNA.
The rule of the statute of limitations for this criminal offense is found at Iowa Code § 802.2B.
Lawyers for Committing a Lascivious Act in Polk County, Iowa
If you are charged with the serious criminal offense of committing an inappropriate act with a child then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C.. Our attorneys fight these types of charges and other related offenses such as sexual abuse or indecent contact. Call us at (515) 279-9700 to discuss your case.
We represent clients throughout the greater Des Moines area including Polk County, Warren County, and Dallas County.
This article was last updated on Wednesday, July 13, 2017.