Miami Gardens Sex Crimes Defense Lawyer

When proving a federal rape charge, a federal prosecutor must establish that the defendant used a certain level of force, caused the defendant to become unconscious or intoxicated, or placed the victim in fear that grievous bodily harm, death, or kidnapping would take place. A threat against any person, whether related to the victim or not, meets the definition of rape under federal law.

SEXUAL ASSAULT UNDER FEDERAL LAW

People often use the terms rape and federal assault interchangeably, there are subtle but important differences between the two terms under federal law. A defendant may be convicted in federal court if he or she:

• commits a sexual act upon someone else by threatening or placing the other person in fear
• commits a sexual act upon someone else by making a fraudulent representation that the sexual act serves a professional purpose
• commits a sexual act upon someone else by inducing a belief by any artifice, pretense, or concealment that the person is another person
• commits a sexual act upon someone else without the other person’s consent
• commits a sexual act upon someone else when the defendant knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring
• commits a sexual act upon someone else when the other person is incapable of consenting to the sexual act due to an impairment by any drug, intoxicant, or similar substance, and that condition is known or reasonably should be known by the defendant
• commits a sexual act upon someone else when the other person is incapable of consenting to the sexual act due to a mental disease or disorder or physical disability, and that condition is known or reasonably should be known by the person

A federal assault charge does not require the prosecutor to prove the defendant used a certain level of force or threatened a specific type of harm. Generally threatening the victim or placing the victim in fear meets the definition of sexual assault under federal law. A federal prosecutor may also establish a sexual assault charge by proving the defendant used deception or took advantage of the victim’s mental or physical state even if the defendant did not directly cause the defendant to be in an impaired state that makes it impossible for the victim to consent.

Aggravated sexual contact and abusive sexual contact

Before discussing federal aggravated sexual contact and abusive sexual contact, it is important to understand the key differences between the federal law definition of sexual contact and a sexual act. Federal law defines sexual contact as touching or causing another person to touch, whether directly or through clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person. A sexual act is defined under federal law as any of the following:

• any degree of penetration of the penis into the vulva, anus, or mouth
• contact between the mouth and the penis, vulva, scrotum, anus
• any degree of penetration of the vulva, penis, scrotum, or anus by any part of the body or by any object with the intent to abuse, humiliate, degrade, or harass any person or to arouse or gratify the sexual desire of any person

Sexual battery under Florida law

Florida law does not specifically reference rape or sexual battery as a sex offense. Instead, the state prosecutes offenses that meet the federal law definition of rape and sexual battery under Florida’s general sexual battery law. A standard sexual battery charge is based on the victim’s lack of consent. A state court may enhance a convicted defendant’s sentence if the case involves the use of force or other aggravating circumstances.

MIAMI GARDENS SEXUAL BATTERY CHARGE FOR ADULT DEFENDANTS

State law and federal law classify anyone who is at least 18 years of age as an adult and anyone who is younger than 18 years of age as a minor or a child. Under Florida law, sexual battery is a second-degree felony if the defendant is an adult and the victim is an adult. If convicted, the defendant may be sentenced to up to 15 years in prison and fined up to $10,000. However, if the defendant has one or more prior charges for a similar offense, the defendant may be charged with a first-degree felony offense, which has a maximum sentence of 30 years in prison and a fine of up to $10,000.

Absent the use of force, sexual battery is also a first-degree felony offense if the offender is an adult and the victim is at least 12 years of age but younger than 18. If convicted, the defendant may be sentenced to a maximum of 30 years in prison and ordered to pay a fine of up to $10,000.

There are certain situations in which sexual battery is always a first-degree felony without regard to whether the offender is an adult or a minor. Any person who commits an act of sexual battery against a person who is at least 12 years old but younger than 18 may be charged with a first-degree felony if any of the following circumstances are present:

• the victim is helpless to resist
• the offender coerces the victim to comply by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes the offender has the ability to execute the threat
• the offender coerces the victim to comply by threatening to retaliate against the victim or any other person, and the victim reasonably believes the offender can execute the threat in the future
• the offender without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that physically or mentally incapacitates the victim
• the victim has a mental disorder, and the offender has reason to believe the defendant has the disorder or has actual knowledge of the disorder
• the victim is physically incapacitated
• the offender is a law enforcement officer, correctional officer, probation officer, elected official, or authority figure in a probational or detention setting.

If the offender is an adult, the maximum sentence is life in prison. In cases in which one or more of the circumstances listed above is present and both the offender and the victim are adults, the maximum sentence is 30 years in prison and a fine of up to $10,000.

SEXUAL BATTERY CHARGES FOR MINOR DEFENDANTS

In the absence of the use of force or violence likely to cause serious personal injury, sexual battery cases in which the offender is younger than 18 and the victim is 12 or older are second degree felony cases. If the minor defendant has one or more prior charges for a similar offense in which the victim was a minor who was at least 12 years of age, the offense is a first-degree felony with a maximum sentence of 30 years in prison and a fine of up to $10,000.

Sexual battery is a first-degree felony charge if aggravating circumstances are present in the case and the offender is a minor. Where the maximum sentence may be life in prison for adult offenders, the maximum sentence in a case in which the defendant is a minor is most likely to be 30 years in prison and a fine of $10,000 unless the court prosecutes the minor as an adult.

Lewd or lascivious charges in Miami Gardens FL

Florida’s lewd and lascivious laws mostly address sex offense cases in which the victim is under 16 years of age. The phrase “lewd or lascivious” refers to sexual conduct that is unchaste, distasteful, or otherwise against community standards. Defendants in lewd or lascivious cases are prohibited from arguing any of the following defenses:

• the victim’s consent to the activity
• the victim’s lack of chastity
• the defendant was unaware of or did not believe the victim’s age

MIAMI GARDENS LEWD OR LASCIVIOUS BATTERY CASES

Lewd or lascivious battery is defined under Florida law as the act of engaging in sexual activity with someone who is 12 years of age or older but younger than 18. Encouraging, forcing, or enticing any person who is less than 16 years of age to engage in sadomasochistic abuse, bestiality, prostitution, or any other act that involves sexual activity also meets Florida’s definition of lewd or lascivious battery. Lewd or lascivious battery is generally a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000. However, if the offender is 18 years of age or over and he or she has one or more prior charges for the commission of sexual battery or a lewd or lascivious act while kidnapping, trafficking, or committing another custody offense against a minor, lewd or lascivious battery is a first-degree felony. If convicted on a first-degree felony count of lewd or lascivious battery, the defendant may be sentenced to a maximum of 30 years in prison and fined up to $10,000.

LEWD OR LASCIVIOUS MOLESTATION

Lewd or lascivious molestation is Florida’s most direct equivalent to a child molestation law. A defendant may be convicted on a charge of lewd or lascivious molestation if he or she intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, buttocks, or the clothing covering them, of a person who is younger than 16 years of age. An offender who forces or entices a person who is under 16 years of age to touch the perpetrator may also be convicted on a charge of lewd or lascivious molestation.

Florida distinguishes between victims who are younger than 12 years of age and victims who are 12 or older but younger than 18. Children who are younger than 12 are referred to under Florida law as prepubescent minors. Charges are generally more severe in cases in which the victim is younger than 12 years of age. Lewd or lascivious molestation cases in which the offender is 18 or older and the victim is younger than 12 are first degree felony cases with a maximum sentence of life in prison. However, if the offender is younger than 18 and the victim is 12 years of age or older or if the offender is an adult, but the victim is at least 12 years of age but younger than 16, lewd or lascivious molestation is a second-degree felony offense. If the offender is younger than 18 and the victim is at least 12 years of age but younger than 16, lewd or lascivious molestation is a third-degree felony. If convicted, the defendant may be sentenced to a maximum of five years in prison and a fine of up to $5,000.

If an adult defendant has a previous conviction for kidnapping, human trafficking, or a similar custody-related offense and committed sexual battery or a lewd or lascivious act in the process, lewd or lascivious molestation is a first-degree felony offense. If convicted, the defendant may be sentenced to a maximum of 30 years in prison and ordered to pay a fine of up to $10,000.

LEWD OR LASCIVIOUS CONDUCT CHARGE IN MIAMI GARDENS

State law defines lewd or lascivious conduct as intentionally touching someone who is under 16 years of age in a lewd or lascivious manner. Lewd or lascivious conduct is also defined as soliciting a person under 16 years of age to commit a lewd or lascivious act. If the offender is 18 years of age or older, lewd or lascivious conduct is a second-degree felony, which carries a maximum penalty of 15 years in prison and a fine of up to $10,000. Lewd or lascivious conduct is a third-degree felony if the defendant is younger than 18 years of age. If convicted, the minor defendant may be sentenced to a maximum of five years in prison and ordered to pay a fine of up to $5,000.

LEWD OR LASCIVIOUS EXHIBITION

Lewd or lascivious exhibition is similar to a standard indecent exposure law, except the victim is under the age of 16. An individual may be convicted for lewd or lascivious exhibition under Florida law if he or she does any of the following in the presence of a minor who is under the age of 16:

• intentionally masturbates
• intentionally exposes the genitals in a lewd or lascivious manner
• intentionally commits any sexual act that does not involve actual physical or sexual contact with the victim, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

If the offender is 18 years of age or older, lewd or lascivious exhibition is a second-degree felony offense. In cases that involve an offender that is younger than 18 years of age, the offense is a third-degree felony, which carries a maximum sentence of five years in prison and a fine of up to $5,000.

LEWD AND LASCIVIOUS CASES THAT DO NOT INVOLVE MINOR VICTIMS

Florida law also generally prohibits lewd or lascivious behavior even if the victim is not a minor. The state’s law against unnatural and lascivious acts is written very broadly. According to state law, a defendant may be charged for engaging in a lewd or lascivious act if he or she “commits any unnatural and lascivious act with another person.” Florida’s lewd or lascivious laws include an exception for mothers who are breastfeeding their child in any circumstance. Lewd and Unnatural Act is a second-degree misdemeanor offense. If convicted, the defendant may be sentenced to up to 60 days in jail and fined a maximum of $500. The very broad language in the statute makes the law highly subjective. If you are accused of a lewd and unnatural act, immediately enlist the help of an attorney to defend you against the charge.

Exposure of sexual organs is Florida’s general indecent exposure statute. An individual may be convicted for exposure of sexual organs if he or she does either of the following:

• exposes or exhibits his or her sexual organs in a vulgar or indecent manner in public or on the private premises of another or in such close proximity to someone else’s private premises as to be seen
• is naked in public in a vulgar or indecent manner

Exposure of the sexual organs is generally a first-degree misdemeanor offense that carries a maximum sentence of up to one year in jail and a fine of up to $1,000. If the defendant has a prior conviction for exposure of the sexual organs, the offense is a third-degree felony, which has a maximum sentence of up to five years in prison and a fine of up to $5,000.

Miami Gardens sex crimes defense attorney

Don’t let a wrongful sex crime accusation damage your reputation. Contact our Miami Gardens sex crimes defense lawyer to receive a case evaluation.