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Sex Crimes

Florida's sex crime laws are rigorous and unforgiving, carrying penalties that can have a profound impact on your life. Being found guilty of a sex crime offense can result in costly fines and significant time in prison, as well as a social stigma that can hinder employment prospects, housing options, and relationships. If you or someone you know is under investigation or has been arrested for a sex crime, it is essential to seek legal representation promptly. Hanlon Law's attorneys possess invaluable experience defending individuals accused of sex crimes in Kissimmee, Florida. They will scrutinize the state's evidence against you and examine the circumstances surrounding your arrest to pursue the possibility of having your charges reduced or dropped.


What are Florida Sex Crimes?



Florida recognizes several offenses that fall under the umbrella of a sex crime. Generally, a sex offense refers to any non-consensual or unlawful sexual behavior, which can result in a range of charges from misdemeanors to felonies based on the severity of the crime and the use of force or threats. 


Sex crimes are categorized as either forcible or non-forcible. Forcible sex crimes involve the perpetrator using violence or threats to engage in sexual activity without the victim's consent. Non-forcible sex crimes do not involve physical force but are considered illegal because the victim is incapable of giving consent, such as minors or disabled adults.


Types of Sex Crimes in Florida 


Here are some of the offenses that fall under the umbrella of a sex crime in Florida:

 

  • Prostitution: Under Florida Statutes Chapter 796, prostitution engages in sexual activity in exchange for compensation. Even if there is consent in the sexual act, offering or soliciting a prostitute is illegal. 
  • Sexual Battery: Sexual battery, also known as rape or sexual assault, is any penetration without the victim’s consent. The Florida laws involving sexual battery can be found in Florida Statutes Chapter 794. 
  • Child Pornography: It is illegal under Florida Statutes Chapter 827 to possess, produce, or distribute any imagery depicting a minor engaging in sexual conduct. This offense may be charged at a state or federal level. 
  • Indecent exposure: Indecently exhibiting or exposing a person’s sexual organs in a public place or on the property of another is illegal under Florida Statutes Chapter 800. 
  • Lewd and lascivious act: Also, under Florida Statutes Chapter 800, it is illegal to touch in a lustful manner or engage in sexual activity with a minor under 16 years of age because they are under the age of consent. 
  • Failure to register as a sex offender: For those convicted of most sex offenses in Florida, you must register as a sex offender. Following release from prison, failure to register as a sex offender will result in criminal charges that can result in imprisonment and fines.


Consequences of Florida Sex Crimes 


The penalties associated with sex crimes in Florida hinge on various factors, such as the severity of the offense, the age and mental capacity of the victim, and whether the offender has prior convictions. The charges can range from misdemeanors to felonies.


Prostitution and indecent exposure are considered misdemeanors in Florida. However, even a misdemeanor charge can result in escalating penalties with subsequent offenses.


Third-degree felonies in Florida encompass failure to register as a sex offender, possession of child pornography, and a third prostitution conviction. A third-degree felony conviction for any of these crimes can result in a maximum of 5 years in prison and a fine of up to $5,000.


Sexual battery in Florida is classified as a second-degree felony, and a conviction for this offense can result in up to 15 years in prison and a $10,000 fine. If the sexual battery is particularly severe, the penalties can be more severe and dependent on the circumstances. The punishment for lewd and lascivious acts in Florida is influenced by the age of the victim and defendant and can range from five years to life in prison.


In addition to prison time and fines, most sex crime penalties in Florida also mandate probation and placement on a mandatory sex offender registry.


Sex Crimes Probation 


Here is a list of the most common conditions for sex crimes probation: 


  • Completing a sex offender treatment program
  • Mandatory curfew 
  • Providing law enforcement with DNA samples 
  • No access to the internet or a computer until the treatment program or risk assessment has been completed
  • No contact with children unless the court approves it
  • If the victim was a minor, prohibited from living close to a school or a place where children gather


Failing to obey the terms established by the court constitutes a violation of probation which can result in criminal charges and punishment that includes fines and prison time. 


Sex Offender


In Florida, the offenses that require the convict to register as a sex offender are: 


  • Sexual battery 
  • Illegal sexual acts with a minor 
  • Lew and lascivious acts 
  • Sexual misconduct 
  • Luring or enticing a child 
  • Kidnapping of a minor under 13 years of age
  • Human trafficking 
  • Video voyeurism
  • Child pornography 


After being released from prison, it is required that offenders of the above-listed crimes are required to register with their local sheriff’s department within 48 hours. The sex offender registry is widely available to the public. When registering as a sex offender, you must provide your: 


  • Name 
  • Age 
  • Date of birth 
  • A physical description 
  • Social security number 
  • Address 
  • Place of employment 
  • Photograph 
  • Fingerprints 


Contact a Kissimmee Criminal Defense Attorney Today


Sex crimes carry severe consequences, including harsh punishments. Law enforcement and prosecutors typically build a strong case against the accused by utilizing various resources, such as the victim's statements, medical evidence, witness testimony, documents, and DNA evidence. To avoid a conviction for a sex crimes charge, it is essential to have a sex crimes defense attorney who will use all available resources to develop the strongest possible defense. 


At Hanlon Law, our attorneys bring in experts to scrutinize any evidence presented by the prosecutors and investigate the circumstances surrounding your arrest to uncover any errors made by the police. We are committed to using our expertise and resources to provide the most effective legal representation possible for those facing sex crimes charges in Florida.


 If you are facing sex crimes charges in Kissimmee, Florida, contact the attorneys at Hanlon Law today to protect your future.

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