Sexual Misconduct

When people think of the crime of “sexual misconduct,” they often think of acts that are illegal because of the special relationship between the parties to the sexually motivated act.

Florida law prohibits certain sexual acts with any of the following specified persons:

a patient in the custody of the department or who resides in a receiving facility or a treatment facility under Section 394.4593(2);
a forensic client in a civil or forensic facility under Section 916.1075(2);
a disabled person with a developmental disability under Section 393.135(2);
the client of a psychotherapist under Section § 491.0112;
a juvenile offender supervised by juvenile justice staff under Section 985.701;
an inmate or offender supervised by corrections staff under Section 944.35(3)(b); or
an inmate and detection facility employee under Section 951.221(1).

Outside of the criminal justice system in Florida, the term “sexual misconduct” is defined more broadly.

For instance, for college and university disciplinary actions, the term sexual misconduct might refer to all forms of sexual or gender-based harassment, sexual violence, dating violence, domestic violence, stalking, and other sexually-related offenses.

Attorney for Sexual Misconduct Crimes in Florida

If you were accused of a crime of sexual misconduct, then contact an experienced criminal defense attorney at Sammis Law Firm.

Our attorneys fight criminal charges for sexual misconduct in the courtrooms throughout the greater Tampa Bay area.

We also represent students at area colleges and universities accused of sexual misconduct during a disciplinary hearing.

Call 813-250-0500.

Sexual Misconduct with an Inmate

Section 951.221, F.S., prohibits:

any employee of a county or municipal detention facility or a private detention facility under contract with a county commission;
from engaging in sexual misconduct, as defined in Section 944.35(3)(b)1., F.S.,
with an inmate or an offender supervised by the facility;
without committing the crime of sexual battery.

Sexual misconduct is defined in Section 985.701(1)(a)1.a. to include the following:

fondling the genital area, groin, inner thighs, buttocks, or breasts of a person;
the 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.

The term sexual misconduct does not include an act done for a bona fide medical purpose or an internal search conducted in the lawful performance of duty by an employee of the department or an employee of a provider under contract with the department.

The crime of sexual misconduct with an inmate is charged as a third degree felony, punishable by up to five (5) years in Florida State Prison and a $5,000 fine.

The consent of an inmate to any act of sexual misconduct may not be raised as a defense to prosecution under Section 951.221, F.S.

Learn more about how our attorneys defend allegations of sex crimes in Tampa, FL.

This article was last updated on Friday, April 21, 2023.