Sex Crimes FAQ

What is a Sex Crime?

A Sex Crime is a crime that involves illegal or coerced sexual activity from one person to another.

What are the different types of Sex Crimes?

The different types of Sex Crimes are as follows:

Indecent exposure
Sexual Assault
Prostitution
Solicitation
Statutory Rape

What is Prostitution?

Prostitution is a crime in which one suggests, agrees to, or engages in a sexual act for any type of compensation.

What is Solicitation?

Solicitation is a crime in which a person requests, encourages or demands another person to engage in criminal conduct with the intent to assist or contribute to the crime. Solicitation charges typically occur when one is soliciting prostitution.

What is Indecent Exposure?

Indecent Exposure is a crime in which a person purposefully displays their genitals in public, this includes public urination.

What is Sexual Assault?

Sexual Assault covers an array of sexual crimes that are commonly heard of, such as rape. Sexual Assault is a crime that knowingly causes an individual to engage in an unwanted sexual act by threat or force.

Crimes that fall under this category are:

Rape or attempted rape
Unwanted/inappropriate touching or forcing another person to touch someone else
Incest or sexual contact with a child
Exposure of one’s body to another person
Watching or photographing another person without their consent in a sexual context

What is Statutory Rape?

Statutory Rape is a crime where a person has sexual relations with another person who is not at a legal consenting age.

How is Rape defined?

According to Florida Statute 794.011 Sexual Battery, also known as Rape is defined as: Oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. A Rape charge will occur if a person has sexual intercourse with another person against his or her will.

What are the penalties for a Sexual Assault?

Common penalties for sexual assault are as follows:

A charge of sexual assault on a person over 12 years old or older will result in:

A charge of a second degree felony
Up to 15 years in prison
Fine up to $10,000

If a weaponor physical force was used, the charge can increase to a life felony, which is punishable by life in prison.

A charge of sexual assault on a minor less than 12 years old:

The charged individual can be convicted of a capital felony, which is punishable by death.

A charge of sexual assault by a minor under the age of 18 on a person younger than 12 years old

The charged individual can be convicted of a life felony which is punishable by life in prison

A parent charged with sexual assault on a child under the age of 18

The parent can be convicted of a life felony, a felony of the first degree or a felony of the third degree, depending on the age of the victim and the extent of the assault.

All felonies of the first degree are punishable by up to 30 years in a Florida state prison and a fine up to $10,000.

What are the penalties for Prostitution?

Prostitution

The penalties for prostitution in Florida are as follows:

First time offense

Second degree misdemeanor
Up to sixty days in jail
Up to six months of probation
Up to a $500 fine

Second time offense

First degree misdemeanor
Up to one year in jail
Up to one year of probation
Up to $1000 in fines

Third time offense (or more)

Third degree Felony
Up to five year in jail
Up to five years of probation
Up to $5000 in fines

What are the penalties for Indecent Exposure?

In Florida, the penalties for Indecent Exposure are:

A first degree misdemeanor
Up to $1000 fine
Up to a year in prison

What are the penalties of Statutory Rape?

The penalties for statutory rape vary depending on the victim’s age. In Florida, the penalties for statutory rape are as follows:

Sexual activity between an adult 24 years of age or older with a minor 16 or 17

Fine up to 10,000 dollars
Up to 15 years in prison

Sexual touching or molestation between an adult over the age of 18 and a minor under the age of 12:

First degree felony
25 years to life of prison

If the victim was between the age of 13-15 and the defendant was 18 or older, or if the victim was younger than 12 and the defendant was 17 or younger, penalties are at least four years but up to 15 years in prison.

If the victim was 16 years old or younger and the defendant was 17 years of age or younger, the penalty would be at least three years in prison but up to 15 years in prison.

What are the penalties for Solicitation?

The penalties for Solicitation increase with the number of times an individual receives a charge. In Florida, the penalties for solicitation are as follows:

First time offense

Second degree misdemeanor
Up to sixty days in jail
Up to six months of probation
Up to $500 in fines

Second time offense

First degree misdemeanor
Up to one year in jail
Up to one year of probation
Up to $1000 in fines

Third time offense (or more)

Third degree Felony
Up to five years in jail
Up to five years of probation
Up to $5000 in fines

What is the difference between Statutory Rape and Rape?

Rape is when a person has forced sexual intercourse with another person against their will. With Statutory Rape, the sex is consensual but the victim is not yet of legal consenting age, therefore, even if the victim consented to the sex, their mentality is not deemed mature enough to make that type of decision so this is considered a type of Rape.

What is the legal age limit to have sexual intercourse between two people?

In Florida the legal age limits for consensual sexual intercourse are as follows:

A child under 16 years of age cannot consent to sexual activity, regardless of the age of the other person involved
A child who is at least 16 years of age and less than 18 years of age cannot consent to sexual activity if the other person is 24 years of age or older

Can I still be charged with Statutory Rape if I have sex with a person who lied about their age and they are under the age limit?

Yes, you will still be charged with statutory rape regardless if the person lied about their age. However, if you hire a good attorney and you can prove the victim lied about their age you may get your charges reduced.

Can I still be charged if the person I have intercourse with had a fake ID that said they were of legal age?

Yes, even if the person has a fake ID, In Florida, it does not matter, you will still be charged with Statutory Rape. Being able to prove that the victim had a fake ID will probably help your case though and may reduce your penalties.

What should I do if I am being charged with Rape but the sex was consensual?

Find yourself an experienced and trustworthy attorney immediately. It may not be fair to you, but it will be the plaintiff’s word against yours and you will need to make sure that your side of the story is understood to the fullest degree, which requires a person to know criminal law extremely well. Rape is a very serious accusation and you will want to make sure that you are prepared to fight the charge so that you do not receive the penalties that come with it.

How long do I have to register as a Sex Offender?

If you were convicted of a sexually violent offense then you will have register for the rest of your life. If you were convicted of a non-sexually violent offense, you will register for the duration of your supervision plus ten years after.

Will People be able to see that I am as Sex Offender wherever I move?

Yes, people have the right to check and see if a Sex Offender lives near them. They can do this through sites like www.familywatchdog.us.

Can people see what my sex crime was when they look up to see if I am a Sex Offender?

Yes, when people check to see if a Sex Offender lives near them, they can also see the charges of the sex crime against the individual they are looking at.