TAMPA SEX CRIMES LAWYER

Sexual Assault

Sexual assault refers to any non-consensual sexual conduct between two individuals, whether threatened, attempted, or actual. Depending on the circumstances of the case, sexual assault can be classified as a first-degree felony punishable by up to life in prison or a second-degree felony punishable by up to 15 years in prison. 

Additionally, individuals convicted of sexual assault in Florida may be required to register as sex offenders and comply with strict reporting requirements. It’s important to note that consent is a crucial factor in any sexual encounter in Florida and that lack of consent is a fundamental element of sexual assault cases.

Sexual Battery

Sexual battery law in Florida can be found under Florida Statute § 794.011 and is defined as oral, anal, or female genital penetration by the sexual organ of another or by any other object without the person’s consent. Depending on the facts of the case, such as the age of the victim and the defendant’s prior criminal record, sexual battery may be charged as a second-degree felony, first-degree felony, life felony, or even capital felony. This means those convicted of sexual battery may face anywhere between 15 years to life imprisonment. 

Lewd or Lascivious Act

There are several types of lewd or lascivious acts under Florida law, including battery, molestation, conduct, and exhibition. These acts can be found in Florida Statute § 800.04. 

Lewd or Lascivious Battery

Lewd or lascivious battery, also known as statutory rape, is a type of sex crime that involves engaging in sexual activity with a child who is between the ages of 12 and 16. Specifically, it is defined as engaging in sexual activity with a child who is at least 12 years old but younger than 16 years old when the offender is 18 years of age or older. 

Lewd or lascivious battery can include any sexual act, such as intercourse, oral sex, or touching of intimate body parts. This crime is considered a second-degree felony offense in Florida and is punishable by up to 15 years in prison and a fine of up to $10,000. The offense may be raised to a first-degree felony if the offender has a prior record of sexual crimes against children. 

Lewd or Lascivious Molestation

Lewd or lascivious molestation in Florida is defined as intentional touching of the genitals, genital area, buttocks, or breasts, either directly or through clothing, for the purpose of sexual gratification. The touching may be committed by the offender or by the child on the offender’s instruction. Lewd or lascivious molestation is a felony offense in Florida, and the severity of the penalty depends on the circumstances of the crime. 

If the offender is 18 years or older and the victim is below the age of 12, it is considered a life felony. If the victim is between the ages of 12 and 16 or the offender is below the age of 18, it is a second-degree felony. If the offender is below the age of 18 and the victim is between the ages of 12 and 16, it is a third-degree felony. The offense may also be raised to a first-degree felony if the offender has a prior record of sexual crimes against children.

Lewd or Lascivious Conduct

Lewd or lascivious conduct is defined as intentionally touching a person under the age of 16 in a lewd or lascivious manner or soliciting a person under the age of 16 to commit a lewd or lascivious act. The penalties for this crime also depend on the age of the offender. If the offender is 18 or older, it is a felony in the second-degree. If they are below the age of 18, it is considered a third-degree felony. 

Lewd or Lascivious Exhibition

Lewd or lascivious exhibition, also known as indecent exposure, is a sexual offense that occurs when a person masturbates, exposes their genitals, or intentionally commits a sexual act “that does not involve actual physical or sexual contact with the victim” in the presence of a person who is below the age of 16. An offender 18 years or older who commits lewd or lascivious exhibition commits a second-degree felony, while an offender less than 18 years of age commits a third-degree felony. 

Child Pornography

Child pornography is defined as any image depicting a minor (below the age of 18) engaged in sexual conduct. Possessing, transmitting, manufacturing, and distributing child pornography are all illegal under Florida Statutes §§ 847.0135, 847.0138 and 827.071. Child pornography charges are typically classified as a third-degree felony.

Sexual Misconduct

Under Florida law (Statute § 985.701), sexual misconduct refers to “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 crime of sexual misconduct is reserved for employees working in a department program who commit a sex offense against a juvenile offender (that is, a person who is detained or supervised by the department in question). Those guilty of sexual misconduct in Florida face a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. 

Prostitution

Prostitution is illegal in the state of Florida and carries severe penalties for those convicted. In Florida, prostitution is defined as the exchange of sexual acts for money or other items of value. The penalties for prostitution charges in Florida depend on the specific circumstances of the offense. For a first offense, the penalty may include fines, community service, and a mandatory HIV test. For subsequent offenses, the penalties may be more severe and can include jail time, a permanent criminal record, and mandatory enrollment in a diversion program.