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Sex crimes may be prosecuted heavily in the state of Florida, but they are also prosecuted aggressively by the United States federal government. Handled by the Department of Justice and United States Attorney’s Office, federal sex crimes often lead to more severe consequences than those at the state level, and they can be twice as difficult to defend against. If you’ve been charged with a federal sex crime, don’t leave things up to chance. Contact federal sex crime defense attorney Will Hanlon at Hanlon Law today to schedule a free consultation.
Sex crimes are, as the name suggests, crimes that have a sexual component, usually in the form of sexual gratification for the offender. Legally speaking, sex offenses include (but aren’t limited to):
These kinds of offenses range from third-degree misdemeanors all the way to capital felonies, depending on the specific crime and the circumstances surrounding the crime. They are usually classified as either forcible or non-forcible. Forcible sex crimes are those in which the offender uses force of some kind in order to engage in sexual behavior without the victim’s consent. This force could be as simple as making verbal threats or as intense as holding a gun to their head.
Non-forcible sex crimes are those where force is not used, but the victim is considered legally incapable of giving consent. This mainly includes children and minors who are under the legal age of consent, but may also refer to mentally or physically disabled persons.
Both state and federal law prohibit such sex crimes, which means any offense may be prosecuted at either level, or even both. Typically, though, sex crimes are only brought to the federal level when they cross state lines, and are left to the appropriate state jurisdiction when they don’t.
For example, if someone is charged with indecent exposure at a public park, the case would go to county-level prosecutors. That is one specific act that occurred in one specific location, and the specific location involved has jurisdiction.
Crimes that “cross state lines” are those that either take place in more than one state, or involve persons from or in more than one state. This crossing can occur physically or electronically. For example, say someone is charged with transmitting child pornography. If the recipient is someone in another state (whether they live in that state or just happen to be there at the time), as soon as the illicit material enters the new state, the offense has crossed state lines. This is true whether the content was physically sent, such as through the mail, or electronically transmitted, such as through email or instant messaging.
Private attorneys are afforded a variety of privileges at the state level that allow us to best defend our clients, such as a broad range of discovery (when the prosecution provides the defense with any evidence against the defendant ahead of time) and depositions (pre-trial testimony).
At the federal level, however, what evidence is included in discovery and the use of depositions is severely limited. Private attorneys often encounter red-tape hurdles when attempting to get information on the case. With the added obstacles, it’s vital to get started as soon as possible. That’s why, if you’ve been charged with a federal sex crime, or even suspect that you may be charged with a federal sex crime, you should contact Hanlon Law right away.
At Hanlon Law, our legal team has nearly twenty years of experience in the courtroom. We’ll work tirelessly and ensure we seize every opportunity to advocate on your behalf. Don’t gamble with what could be the rest of your life;
call Hanlon Law today to schedule a free consultation.
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