Sex Crimes
Florida law criminalizes certain sexual activities and acts. A wide range of activities are illegal, and each sex crime carries its own definitions and penalties. Sex crimes are unique, a person convicted of a sex crime faces additional consequences than those typically imposed.
Due to the very nature of sex crimes, Miami prosecutors enforce these laws swiftly and harshly. The state of Florida is a formidable opponent to go up against alone, those facing any sex crime charge should contact an experienced Florida criminal defense attorney immediately.
Types of Florida Sex Crimes Lewd and Lascivious ActsUnder Florida law, a number of lewd and lascivious acts are illegal. Some of these acts include:
- Molestation,
- Exposure of sexual organs in the presence of a minor,
- Exposure of sexual organs in public,
- Exhibition over computer services,
- Engaging in public sexual activity,
- Committing an unnatural and lascivious act.
A person convicted of these charges are facing a maximum sentence of fifteen years in prison, and a minimum of seven years.
Child PornographyIn Florida, it is illegal to knowingly possess, control, or view child pornography. This includes any depictions, motion pictures, art exhibitions, computer depictions, movies, or any other means of viewing child pornography. This crime is a Third-Degree Felony and punishable by up to five years in prison, five years of probation, and $5,000 in fines.
A defendant charged with four or more counts of child pornography possession faces even more serious consequences. Multiple charges are common, as each pornographic image carries its own charge, meaning a person can be charged with four counts of child pornography at the same time. A person charged with four counts of child pornography possession faces a mandatory twelve month minimum prison sentence, with an additional four months in prison for each count thereafter.
Sexual BatterySexual battery, or rape, is the most harshly punished sex crime in Florida. Depending on the severity of the offense and the characteristics of the victim, rape defendants face a minimum of nine years in prison and a maximum of life in prison.
Statutory RapeUnder Florida law, consensual sexual activity between a minor aged sixteen or seventeen years and an adult aged twenty-four years is illegal. This is considered a Second-Degree felony, punishable by up to $10,000 in fines, fifteen years in prison, and fifteen years sex offender probation.
Unique Sex Crime PunishmentsDiscussed briefly above, most sex crimes carry unique punishments that have lasting impacts on those convicted.
Sex Offender ProbationGenerally, once a sex offender is released from prison, they are permitted back into society on conditions of sex offender probation. These conditions may include:
- A prohibition on contacting the victim.
- Mandatory curfew.
- The attending and completion of sex offender treatment programs.
- Restrictions on travel.
- Restrictions on internet usage.
- Restriction on contact with minors.
The Florida sex offender registry contains a record of individuals convicted of sex crimes. If you are a sex offender on this registry, you are required to:
- Inform police of your presence and location in Florida.
- Inform police of your travel plans in Florida.
- Update personal information, including: employer, occupation, address, vehicle information, phone numbers, and emails.
- Out of state travel plans.
Miami and Florida residents charged with a sex crime are facing serious charges, with long-lasting consequences. If you find yourself under investigation for, or charged with a sex crime, time is of the essence. Contact an experienced Miami criminal lawyer to ensure your case receives the best possible outcome.