Florida Sex Crimes Defense Attorney

A sex crime is best defined as a crime that involves illegal or coerced sexual activity. There are numerous offenses that fall under the category of a sex crime. Most sex crimes are considered felonies and have severe penalties. In addition, all sex crimes result in the person charged being considered a sex offender, which means that no matter where they live they will have to register as a sex offender and people will have the ability to know that they have been charged with a sexual crime.

The following crimes are considered sex crimes:

Indecent exposure:

Indecent exposure makes it illegal for a person to purposefully display their genitals in public, this includes public urination.

Sexual Assault:

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

Prostitution:

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

Solicitation:

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.

Statutory Rape:

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

In Florida the age guidelines for legal sexual relations 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

Penalties for Committing a Sex Crime

All sex crimes are considered to be serious criminal offenses and all of them carry with them hefty penalties. Below is a list of common penalties associated with each sex crime:

Indecent Exposure

If a person is found guilty of indecent exposure they will be charged with a first degree misdemeanor. In addition they will have to pay a fine of up to $1000 and could face jail time for up to a year.

Sexual Assault

Numerous charges fall under the category of sexual assault therefore the penalties vary greatly. Circumstances such as, age of victim, age of attacker, mentality, and weapon usage all contribute to the severity of the penalty. Rape also falls into the category of 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.

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

Prostitution

Prostitution penalties increase with each additional charge an individual receives for committing the crime. The penalties for committing the crime of 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 (or more) offense

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

Solicitation

Solicitation penalties increase with the number of times an individual receives a charge. 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 (or more) offense

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

Statutory Rape

As with a sexual assault such as rape, the penalties for statutory rape vary depending on circumstances such as 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.

Defenses

Aside from the penalties that arise from a sex charge such as jail time and hefty fines, an individual charged will be deemed a sex offender to society for the rest of their life. This shadow will haunt a person in their relationships as well as in their jobs.

As with all criminal charges, in order for a person to be convicted of a sex crime the prosecution must have proof and be able to convince a jury without a shadow of a doubt that the charged individual committed the crime they are being charged with.

Contact an experienced Criminal Defense Attorney Today

Finebloom, Haenel& Higgins has over 30 years of experience defending against criminal charges. There are numerous loopholes in sex crime charges and some people are charged unfairly. Let us here at Finebloom, Haenel and Higgins help you receive justice if you have been charged unfairly. You may call us anytime for a free consultation regarding your case. Call us today at 1-800-344-4848.