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Miami Lakes Sex Crimes Lawyer

Sex offense attorney specializing in tough state & federal cases

Sex offenses are heavily penalized by the federal and state governments. In addition to going to prison, most sex offenders are required to register with the federal and/or state registry. Registered sex offenders are closely monitored and have legally imposed limits on their residential and employment options. A false accusation of a sex crime is no small matter. People who are falsely accused may spend years regaining their reputation and undoing the damage false accusations sometimes cause. If you have been accused of a sex offense in South Florida, contact an experienced Miami Lakes sex crimes defense attorney immediately after you’re charged.

Federal and state sex crimes

Like many offenses, sex crimes may be charged in the state and federal court systems. The federal government and each state chooses its own terminologies for various sex offenses like rape and sexual assault. Therefore, sex crimes may be referred to by different terms and have different legal definitions from jurisdiction to jurisdiction. This is important because the legal definition of an offense generally determines the elements prosecutors must prove to establish a case against the defendant.

Whether a defendant faces state charges, federal charges, or both depends on the facts of each unique case. Some factors that implicate federal jurisdiction in a case include:

an element in the case that occurs within the stream of interstate or international commerce
activity that takes place on federal government property
activity that takes place in a U.S. territory
activity that involves a federal government employee or foreign official
activity that involves a federal government agency

In some cases, the basis for federal jurisdiction may be questionable. Having a Miami Lakes sex crimes defense attorney challenge questionable grounds for jurisdiction may help you avoid a wrongful federal charge.

Miami Lakes federal rape and sexual assault charges

Rape and sexual assault are often thought of as equivalent terms. However, each term has its own distinct meaning in federal sex crimes cases.

FEDERAL RAPE LAW

Under federal law, there are five different conditions that may substantiate a rape charge in federal court. A defendant may be convicted for rape under federal law if he or she commits a sex act against someone else by doing any one of the following:

using unlawful force against the victim
using force causing or likely to cause death or any grievous bodily harm to any person
threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping
first rendering the victim unconscious
administering to the victim by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that person to appraise or control contact

Key factors in a federal rape charge are the use of force, violence, or a threat. Cases in which the defendant does not specifically use unlawful force, violence, or a violent threat may meet the definition of other federal or state sex crimes.

FEDERAL SEXUAL ASSAULT CASES

The federal definition of sexual assault is very similar to the way federal law defines rape. However, there are a few subtle but significant differences. A defendant may be convicted in federal court for sexual assault if he or she:

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

Key factors in a federal sexual assault charge are the more general use of a threat or the use of deception. Sexual assault also includes cases in which the defendant did not cause the victim to be in an impaired mental state, but the defendant had reason to know about the victim’s mental state or physical disability. Always consult with an experienced federal defense lawyer in Miami Lakes if you’re facing federal charges.

AGGRAVATED SEXUAL CONTACT & ABUSIVE SEXUAL CONTACT

Another important set of distinction to know when it comes to federal sex crimes is the difference between a sexual act and sexual contact. A sexual act is defined under federal law as any of the following:

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

In contrast to a sexual act, sexual contact focuses more on touching. A sexual act does not necessarily involve penetration or specific contact between the mouth and the genitals or anus. Federal law defines a sexual act as touching or causing another person to touch–either directly or through clothing–the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. A sexual act includes touching that is accomplished by any part of the body or by any object.

Just Arrested in Miami Lakes?

Do not say anything that might incriminate you. Speak with a lawyer first.

Aggravated sexual contact is defined as an offense that would meet the definition of rape if the defendant would have committed a sexual act instead of sexual contact. For example, if a male defendant used violent means and touched a victim with his or her sex organ in an area that meets the definition of rape, but penetration did not occur, the defendant may be convicted for aggravated sexual contact instead of rape.

Abusive sexual contact is an offense that would meet the definition of sexual assault if the defendant would have committed a sexual act instead of sexual contact. For example, a male defendant may have used his penis in the absence of violence or force to touch the victim’s genitals without the victim’s consent, and no penetration occurred.

Sexual battery cases in Florida

Florida law does not specifically use the terms “rape” and “sexual assault” to describe sex offenses in the state. Instead, crimes that would be described as rape and sexual assault under federal law are more generally categorized as sexual battery under Florida law. Sexual battery is defined under Florida law as oral, anal, or female genital penetration by or union with someone else’s sex organ or the anal or female genital penetration by any object. The lack of consent is a key element in a sexual battery charge.

Under state law, sexual battery is always a felony offense. However, the severity of the charge depends on:

the offender’s age
the victim’s age
whether the offender used force or a weapon
whether the defendant has a prior conviction for a sex offense

SECOND-DEGREE SEXUAL BATTERY CHARGES

In Florida sexual battery cases in which there are no aggravating factors and both the defendant and the victim are at least 18 years old, sexual battery is a second degree felony offense. If convicted, the defendant may be sentenced to up to 15 years in prison and a fine of up to $10,000.

Florida law penalizes minor defendants slightly less severely than defendants who are 18 years of age or older. A defendant who is under 18 years of age may be charged with a second-degree felony offense if he or she commits an act of sexual battery with no aggravating circumstances against a victim who is at least 12 years of age.

FIRST DEGREE FELONY SEXUAL BATTERY CHARGE

First degree felonies are not all created equally under Florida’s sexual battery law. Anyone of any age who commits sexual assault, without using force or violence, against a victim who is age 12 or older commits a first-degree felony if the defendant has one or more prior charges for a similar sex offense. Sexual battery is also a standard first-degree felony if the offender is 18 or older and the victim is at least 12 years of age if no aggravating circumstances are present in the case. Any defendant of any age may be charged with a first-degree felony with a maximum sentence of life in prison if the victim is 12 years of age or older, the defendant has a prior conviction, and if any of the following circumstances are present in the case:

the victim was helpless to resist
the offender coerced the victim to comply by threatening to use force or violence likely to cause serious personal injury to the victim and the victim reasonably believes the offender has the present ability to execute the threat
the offender coerced the victim to comply by threatening to retaliate against the victim, or any other person, and the victim reasonably believes the offender had the ability to execute the threat in the future
the offender, without the prior knowledge or consent of the victim, administered or had knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that physically or mentally incapacitated the victim
the victim has a mental condition, and the victim knew or had reason to have knowledge of the victim’s mental condition
the victim was physically incapacitated
the offender is a law enforcement officer, parole officer, elected official, or any other authority figure in a parole or detention setting

Lewd and lascivious laws in Miami Lakes Florida

Florida’s lewd and lascivious laws mostly address sex crimes against minors who are under the age of 16. The term “lewd or lascivious” refers to sexual behavior that is immoral, distasteful, or generally against community standards. Child molestation cases are prosecuted under the state’s lewd and lascivious statutes, but they can also be prosecuted as rape or sexual assault. Adults who commit an act of indecent exposure in the presence of a minor who is under the age of 16 may be charged under the lewd and lascivious statutes.

There are certain defenses state law prohibits defendants from arguing in lewd and lascivious law cases. Defendants may be convicted without regard to the defendant’s lack of knowledge of the victim’s age, the victim’s alleged lack of chastity, and the victim’s consent.

LEWD OR LASCIVIOUS BATTERY

State law defines lewd or lascivious battery as the act of engaging in sexual activity with someone who is 12 years of age or older but under 18 years of age. Encouraging, forcing, or enticing anyone who is under the age of 16 to engage in sadomasochistic abuse, bestiality, prostitution, or any other sexual activity is also an act of lewd or lascivious battery.

Lewd or lascivious battery is a second-degree felony. If convicted, the defendant may be sentenced to a maximum of 15 years in state prison and ordered to pay a fine of up to $10,000. If the defendant has a prior conviction for a similar sex offense, lewd or lascivious battery is a first-degree felony with a maximum sentence of 30 years in prison and a fine of up to $10,000.

LEWD OR LASCIVIOUS MOLESTATION CASES

Lewd or lascivious molestation is defined as the act of touching the breasts, genitals, genital areas, buttocks, or the clothing that covers the named areas, of a person who is under the age of 16. If the perpetrator forces or entices anyone who is younger than 16 years of age to touch the perpetrator, the offense is also lewd or lascivious molestation.

If the victim of lewd or lascivious molestation is under the age of 12 and the offender is 18 years of age or older, the offense is a first-degree felony with a maximum sentence of life in prison. Lewd or lascivious molestation is a second-degree felony if an adult offender commits the offense against a minor who is at least 12 years of age but younger than 16 or if the offender is under 18 years of age and the victim is under 12 years of age.

Lewd or lascivious molestation is a third-degree felony if the offender is a minor and the victim is at least 12 years of age but younger than 16. If convicted, the minor defendant may be sentenced to a maximum of five years in prison and a fine of up to $5,000.

Under certain circumstances, lewd or lascivious molestation can be a first-degree felony. A defendant may be charged with a first-degree felony count of lewd or lascivious molestation if the defendant is at least 18 years of age and the victim is at least 12 years old but younger than 16 and the defendant has one or more prior convictions for a similar offense against a minor.

LEWD OR LASCIVIOUS CONDUCT

Where lewd or lascivious molestation is based on where the defendant touched the victim, lewd or lascivious conduct is based on how the defendant touched the victim. A defendant may be convicted for lewd or lascivious conduct if he or she intentionally touches a person who is under 16 years of age in a lewd or lascivious manner or solicits someone who is under the age of 16 to engage in a lewd or lascivious act. Adult defendants who are charged with lewd or lascivious conduct may be convicted for a second-degree felony offense. If the offender is under 18 years of age, the defendant may be charged with a third-degree felony.

LEWD OR LASCIVIOUS EXHIBITION

Florida’s lewd or lascivious exhibition statute highlights the importance of adults knowing who is around before they engage in sexual behavior. An individual may be charged with lewd or lascivious exhibition if he or she does any of the following in the presence of a victim who is under the age of 16:

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

Even what may seem as a simple act of walking around inside your home unclothed can turn into a criminal charge under certain circumstances. For example, if you live near a daycare or if children walk past your window on their way to and from school, you may be criminally charged if you do not take proper precautions by closing your curtains or lowering your window shades before engaging in any activity that is described in the lewd or lascivious exhibition statute. You should also avoid making obscene sexual gestures in the presence of minors.

Lewd or lascivious exhibition is a second-degree felony if the defendant is 18 or older. If the defendant is under the age of 18, lewd or lascivious exhibition is a third-degree felony, which carries a maximum sentence of five years in prison and a fine of up to $5,000.

Florida’s statutory rape law

In Florida, the legal age of sexual consent is 18. The state recognizes certain exceptions in what is often referred to as a “Romeo and Juliet law.” Generally, “Romeo and Juliet laws carve out an exception to criminal liability for older teens who are younger than 18 and engage in sexual activity with young adults who are within a certain number of years of the younger party’s age. Florida’s Romeo and Juliet law does not shield the older party from criminal liability. Instead, the older party may not be required to register as a state sex offender if he or she is convicted for sexual battery or a lewd or lascivious offense. A defendant may qualify for an exception to the sex offender registration requirement if:

the victim was at least 14 years of age at the time of the offense
the victim consented to the sexual activity
the offender has not been accused of or convicted for a previous sex crime
the offender has not been convicted of a sex crime that qualifies for petition
the offender was not more than four years older than the victim at the time of the offense

We urge parents to communicate openly with their children about the serious consequences that are associated with violating Florida’s statutory rape laws. If you need to speak with an attorney about a statutory rape case, our team is available.

Miami Lakes sex crimes defense lawyer

Joffe Law is South Florida’s trusted defense firm for sex crimes cases. David Joffe has represented Florida residents in sex crimes cases for more than three decades. We will leverage our experience and expertise to help you achieve the best possible outcome in your case. If you are facing a sex crime accusation, contact the talented team at Joffe Law. A member of our team will review your case, and we will determine how we can be of assistance to you.