Sex Crimes under Florida Law
The horrible nature of sex crimes often causes law enforcement officers to rush an investigation. Likewise, prosecutors often think that justice requires a hardball approach to prosecuting the charges even when holes in the evidence become apparent.
No justice occurs when an innocent person is prosecuted or when the real perpetrator of a sex crime remains free to commit other crimes.
Charges for sex crimes are common. In fact, Florida’s Trial Court Statistical Reference Guide estimates that more than 3,300 charges were filed for sexual offenses during fiscal year 2016-17.
When an allegation of sexual violence occurs the stakes are incredibly high for the person accused. Even misdemeanor sex crimes such as prostitution, exhibition, or voyeurism come with serious consequences.
A person accused of a felony sexually motivated crime faces a lengthy prison sentence and being designated as a sex offender. A conviction for a felony sex crime might come with a lifetime of supervision making it difficult to find work or a place to live.
Attorneys for Sex Crimes in Florida
The attorneys at Sammis Law Firm, P.A., represent clients accused of committing crimes that were sexually motivated. Call to schedule a confidential consultation in the office.
During the consultation, we can discuss the criminal charges pending against you and the potential penalties that come with the charge. We can help you understand the best defenses for offenses that require registration as a sexual offender or sexual predator.
Our main office is located in downtown Tampa in Hillsborough County. We also have a second office in New Port Richey in Pasco County.
We are experienced in practicing in the courtrooms throughout Tampa in Hillsborough County, Dade City and New Port Richey in Pasco County, Lakeland and Bartow in Polk County, Bradenton in Manatee County, St. Petersburg and Clearwater in Pinellas County, and Brooksville in Hernando County, Florida.
Call (813) 250-0500.
Types of Sex Crimes under Florida Law
Sexual offenses under Florida law include sexual misconduct, incest, lewd and lascivious offenses, and sexual battery. Those crimes include:
- Sexual battery under Florida Statutes Chapter 794 (excluding sections 794.0235(5)(a) and (5)(b));
- Sexual Battery — Victim Less Than 12 Years of Age § 794.011(2), Fla. Stat.
- Sexual Battery — Victim 12 Years of Age or Older — Great Force § 794.011(3), Fla. Stat.
- Sexual Battery — Victim 12 Years of Age or Older — Specified Circumstances § 794.011(4), Fla. Stat.
- Sexual Battery — Person 12 Years of Age or Older § 794.011(5), Fla. Stat.
- Sexual Battery upon Child 12 Years of Age or Older But under 18 Years of Age by Person in Familial or Custodial Authority § 794.011(8)(b), Fla. Stat.
- Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority § 794.011(8)(a), Fla. Stat.
- Engaging in an Act Which Constituted Sexual Battery by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age § 794.011(8)(c), Fla. Stat.
- Engaging in an Act Which Injured the Sexual Organ of Another in an Attempt to Commit Sexual Battery by a Person in Familial or Custodial Authority Upon a Person Less than 12 Years of Age § 794.011(8)(c), Fla. Stat.
- Unlawful Sexual Activity with Certain Minors § 794.05, Fla. Stat.
- Lewd and lascivious offenses, including:
- Committing Unnatural and Lascivious Act § 800.02, Fla. Stat.;
- Exposure of Sexual Organs (In a Vulgar or Indecent Manner) § 800.03, Fla. Stat.;
- Lewd or Lascivious Battery (Engaging in Sexual Activity) § 800.04(4)(a)1, Fla. Stat.;
- Lewd or Lascivious Battery (Encouraging, Forcing or Enticing) § 800.04(4)(b), Fla. Stat.;
- Lewd or Lascivious Molestation § 800.04(5), Fla. Stat.;
- Lewd or Lascivious Conduct § 800.04(6), Fla. Stat.;
- Lewd or Lascivious Exhibition Presence of Child § 800.04(7)(a), Fla. Stat.;
- Lewd or Lascivious Exhibition Over Computer Service § 847.0135(5), Fla. Stat.;
- Lewd or Lascivious Exhibition by a Detainee in the Presence of an Employee of a Facility § 800.09, Fla. Stat.;
- Lewd or Lascivious Offenses for Exhibition, Molestation, or Battery Committed Upon or in the Presence of an Elderly or Disabled Person § 825.1025, Fla. Stat.;
- Sexual misconduct including:
- with a patient under Florida Statute Section 394.4593(2);
- with a forensic client under Florida Statute Section 916.1075(2);
- with a person with a disability Florida Statute Section 393.135(2);
- by a psychotherapist with a client under Florida Statute Chapter 491;
- by juvenile justice staff and a juvenile offender Florida Statute Section 985.701;
- by corrections staff with an inmate or supervised offender under Florida Statute Section 944.35(3)(b);
- Soliciting A [Child] [Person Believed By The Defendant To Be A Child] For Unlawful Sexual Conduct Using Computer Services Or Devices § 847.0135(3)(a), Fla. Stat.;
- Soliciting A Parent, Legal Guardian, Or Custodian Of A Child For Unlawful Sexual Conduct Using Computer Services Or Devices § 847.0135(3)(b), Fla. Stat.;
- Traveling to Meet a Minor § 847.0135(4)(a), Fla. Stat.;
- Traveling to Meet a Minor Facilitated by Parent, Legal Guardian, or Custodian § 847.0135(4)(b), Fla.Stat.;
- Sexual Misconduct by a Psychotherapist § 491.0112, Fla. Stat.;
- Sexual Misconduct Between Detention Facility Employees and Inmates § 951.221(1), Fla. Stat.;
- Transmission of Child Pornography by Electronic Device or Equipment § 847.0137(2) and (3), Fla. Stat.;
- Transmission of Material Harmful to Minors by Electronic Device or Equipment § 847.0138(2), Fla. Stat.; and
- Giving Obscene Material to a Minor § 847.0133, Fla. Stat.
Removal from the Sex Offender Registry
An offender remains on the sex offender registry for the duration of his or her life as provided in §943.0435(11). The only exception to this rule is when the offender has received a full pardon or has had a conviction set aside in a post-conviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration.
As provided in §943.0435(11)(a), some offenders may be able to have their names removed from the registry and may have the registration requirement removed if:
- the offender has been lawfully released from confinement or supervision for 25 years;
- has not committed any misdemeanor or felony offense in that time; and
- was not guilty of certain offenses committed as adults.
Finding a Lawyer for False Allegations of Sex Crimes
If you have been falsely accused of a sex crime in Tampa, Hillsborough County FL, or the surrounding areas of Bartow or Lakeland in Polk County, St. Petersburg or Clearwater in Pinellas County, New Port Richey or Dade City in Pasco County, then contact an experienced and aggressive sex crimes defense attorney at the Sammis Law Firm in Tampa, FL.
Any criminal offense that is sexually motivated comes with a lifetime of consequences including reporting requirements, possible incarceration and sex offender probation.
In these cases, you need an experienced attorney to help you during each stage of the case. Call (813) 250-0500 today.
This article was last updated on Friday, June 19, 2020.
