TAMPA SEX CRIMES LAWYER

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

Individuals convicted of sexual assault in Florida may also be required to register as sex offenders and comply with strict, ongoing reporting requirements. In some cases, this requires lifetime registration under the Florida Sexual Predators Act (Florida Statute § 775.21). Consent is a critical issue in virtually every sexual assault case, and the absence of consent is a fundamental element the state must prove beyond a reasonable doubt. A Tampa sex crimes lawyer at Buda Law can help put up an aggressive fight against these serious charges, working to protect your freedom, your future, and all that is at stake.

Sexual battery 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 victim’s consent. Depending on the facts of the case, including the age of the alleged victim and the defendant’s prior criminal record, sexual battery may be charged as a second-degree felony, a first-degree felony, or a life felony. In the most serious cases, a defendant may face capital sexual battery charges in Florida, which carry a potential sentence ranging from 15 years to life imprisonment. 

Regardless of the degree, these sex offenses carry penalties that last long after any prison term is complete or fines are paid. If you or a loved one is under investigation for such an offense, don’t hesitate to contact a Tampa sexual battery attorney like Andrew Buda to answer questions, safeguard your rights, and mitigate or even avoid the potential consequences you may be facing.

Florida law treats certain individuals as legally incapable of consenting to sexual activity, regardless of whether they appeared to agree at the time. This means that in cases involving a minor, consent is generally not a viable defense, even where the alleged victim represented themselves as being older or where the parties were involved in an ongoing relationship. 

Age-related exceptions do exist under Florida’s Romeo and Juliet laws, and issues surrounding identification (such as whether the defendant reasonably believed the other person was of legal age) along with communications between the parties, can play a significant role in building a defense.

A statutory rape defense attorney in Tampa can carefully examine the evidence in these sensitive cases, including any messages or records exchanged between the parties, to determine what defenses may be available.

There are several distinct categories of lewd or lascivious acts under Florida law, including battery, molestation, conduct, and exhibition, all of which are addressed under Florida Statute § 800.04.

Lewd or Lascivious Battery

Also sometimes referred to as statutory rape, lewd or lascivious battery involves engaging in sexual activity with a child who is at least 12 but younger than 16 years old, where the offender is 18 or older. The offense can include intercourse, oral sex, or touching of intimate body parts, and is generally charged as a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000. The charge may be elevated to a Florida first-degree felony where the offender has a prior record of sexual crimes against children.

Lewd or Lascivious Molestation

Lewd or lascivious molestation in Florida is defined as the intentional touching of the genitals, genital area, buttocks, or breasts (either directly or through clothing) for the purpose of sexual gratification, whether committed by the offender or by the child at the offender’s direction. 

The severity of the charge depends heavily on the ages of both parties. Where the offender is 18 or older and the victim is under 12, the offense is considered a Florida life felony. Where the victim is between 12 and 16, or the offender is under 18, it is generally a second-degree felony, and it may be reduced to a third-degree felony in Florida where the offender is under 18 and the victim is between 12 and 16. A prior record involving sexual crimes against children can elevate the charge to a first-degree felony.

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 in Florida. If they are below the age of 18, it is generally considered a third-degree felony. 

Lewd or Lascivious Exhibition

Sometimes referred to as indecent exposure involving a minor, this offense occurs when a person masturbates, exposes their genitals, or otherwise commits a sexual act that does not involve physical contact with the victim, in the presence of someone under 16. An offender 18 or older commits a second-degree felony, while an offender under 18 commits a third-degree felony.

Under Florida Statute § 985.701, sexual misconduct refers to fondling of the genital area, groin, inner thighs, buttocks, or breasts, oral, anal, or vaginal penetration by or union with the sexual organ of another, or penetration by any other object. This charge is specifically reserved for employees of a juvenile justice department program who engage in sexually explicit conduct with a juvenile offender under that program’s supervision. A conviction is generally a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.

Child pornography is defined as any image depicting a minor engaged in sexual conduct. Possessing, transmitting, manufacturing, or distributing such material is illegal under Florida Statutes §§ 847.0135, 847.0138, and 827.071, and is typically charged as a third-degree felony, though multiple counts or aggravating factors can significantly increase the exposure a defendant faces. The Tampa child pornography defense lawyers at Buda Law understands how digital evidence in these cases is gathered and can scrutinize how it was obtained, stored, and accessed.

Allegations of solicitation frequently arise from messages, dating platforms, social media, or chatroom conversations, and in many cases, from communications with an undercover officer posing as a minor. Importantly, Florida law does not require physical contact or an in-person meeting for a solicitation charge to apply; the communications themselves can form the basis of formal charges. A Tampa solicitation of a minor lawyer at Buda Law can review the full record of communications and the circumstances under which they were obtained to identify weaknesses in the state’s case.

Charges involving traveling to meet a minor typically stem from online communication that is followed by travel, or an attempted meeting, arranged with what the defendant believed to be a minor. These cases frequently originate from sting operations conducted by task forces throughout the Tampa Bay area, and the state’s case often hinges on intent, the content of communications, and location evidence such as GPS or cell tower data. Anyone facing traveling to meet a minor charges in Florida should speak with an attorney as soon as possible, BEFORE answering any questions from investigators.

In Florida, voyeurism and video voyeurism are criminal offenses involving secretly observing or recording someone in a private setting without their knowledge or consent. These charges carry significant penalties, including potential jail time, substantial fines, and in some cases, mandatory sex offender registration (particularly in cases involving minors or repeat offenses).

As a Tampa voyeurism lawyer, Andrew Buda provides experienced defense for those facing these sensitive charges, helping clients understand their legal rights and fight for the most favorable outcome possible under the circumstances.

Indecent exposure allegations typically involve public exposure or conduct that was observed by another person, and these cases often turn on questions of intent, location, witness credibility, and even mistaken identity. A person can be wrongly accused of indecent exposure based on an observer’s assumptions or a chance encounter that was misread, which is why a thorough review of the available evidence matters. If you or a loved one are facing indecent exposure charges in Tampa, working with a criminal defense attorney early on in the investigation can change the entire direction of your case. Your attorney will examine the full context of the incident before deciding how to proceed.

Prostitution is illegal throughout Florida and carries real penalties for those convicted. Under Florida law, prostitution is defined as the exchange of sexual acts for money or other items of value. For a first offense, penalties may include fines, community service, and a mandatory HIV test. Subsequent offenses can result in more severe consequences, including jail time, a permanent criminal record, and mandatory enrollment in a diversion program. A Tampa prostitution defense attorney at Buda Law can walk clients through the specific penalties they face and work toward reducing or dismissing the charges where appropriate.