Miami Shores Sex Crimes Defense Lawyer

Miami Shores federal sex crimes charge

Each jurisdiction may choose its own terminologies and definitions for sex crimes. This is important because prosecutors must prove the defendant’s actions meet the definition of a criminal offense according to the relevant law. Therefore, the words and definitions that describe sex crimes often vary between each state and the federal government.

FEDERAL RAPE CHARGE

The federal rape law defines the offense of rape in five different ways. To establish a rape charge, the prosecutor must prove the defendant’s actions are in line with any of the five definitions of rape under federal law. A defendant may be convicted on a federal rape charge if he or she commits a sexual act on another person by:

• using unlawful force against the victim
• using force causing or likely to cause death or grievous bodily harm
• threatening or placing the victim 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 consent of the victim a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the victim to appraise or control conduct

The federal definition of rape focuses primarily on the use of unlawful force, threatening to do serious harm to someone, or drugging the victim by using force or a threat to use force. These elements are important because in the absence of force or a threat to use force, the offender’s conduct may constitute a federal sexual assault charge instead of rape.

FEDERAL SEXUAL ASSAULT CHARGE

Rape and sexual assault are not interchangeable terms in federal court. Where a federal rape charge requires an element of force to do serious harm or a threat of force, a federal sexual assault charge does not require prosecutors to prove any element of violence. In fact, proving lack of the victim’s consent is generally sufficient. A defendant may be convicted on a federal sexual assault charge if he or she:

• commits a sexual act against someone else by threatening or placing the other person in fear
• commits a sexual act against someone else by making a fraudulent representation that the sex act serves a professional purpose
• commits a sexual act against someone else by inducing a belief by any artifice, pretense, or concealment that the offender is someone else
• commits a sexual act against someone else with the other party’s consent
• commits a sexual act against someone else when the person knows or reasonably should know that the other party is asleep, unconscious, or otherwise unaware that the sexual act is occurring
• commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person
• commits a sexual act upon another person 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 offender

Instead of requiring the use of force or the threat of causing grievous bodily harm, a federal sexual assault charge only requires the prosecution to prove the defendant threatened the victim or caused general fear. A sexual assault charge may also be based solely on the lack of consent, the defendant’s use of deception, or the defendant’s preexisting physical or mental state if the defendant was incapable of consenting.

AGGRAVATED SEXUAL CONTACT AND ABUSIVE SEXUAL CONTACT

Federal rape and sexual assault charges are based on the occurrence of a sexual act. Aggravated sexual contact and abusive sexual contact are based on the occurrence of sexual contact. Under federal law, any of the following acts meet the definition of a sexual act:

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

Sexual contact is defined under federal law as touching or causing another person to touch, either directly or through clothing, the vulva, penis, scrotum, anus, groin, inner thigh, breast, or buttocks of any person. A sexual contact charge does not require penetration or contact between the mouth and certain parts of the body. Aggravated sexual contact occurs when someone commits or causes sexual contact upon someone else if the offense would meet the definition of rape under federal law if the contact had been a sexual act instead. Abusive sexual contact occurs when a person commits or causes sexual contact upon someone else if the offense would meet the definition of federal sexual assault if the contact had been a sexual act instead.

Miami Shores Florida sexual battery charge

Florida’s sex offense statutes do not reference the term “rape.” State courts prosecute offenses that would meet the federal definition of rape or sexual assault as sexual battery. A standard Florida sexual battery charge does not require the prosecutor to prove the defendant used force, a threat, or deception. Prosecutors are also not required to prove the defendant caused or took advantage of the victim’s physical or mental state if the victim was unable to consent. Under Florida law, sexual battery is primarily based on the victim’s lack of consent. State courts will typically enhance a convicted defendant’s sentence if the case involves the use of force, taking advantage of the victim’s inability to consent, or other aggravating factors. Penalties for Florida sexual battery charges also depend heavily on the age of the victim and the defendant.

PENALTIES FOR FLORIDA SEXUAL BATTERY CHARGES

In a standard sexual battery case that does not involve the use of force or any other aggravating factors, the offense is a second-degree state level felony if the defendant and the victim are 18 years of age or over. A second-degree felony charge of sexual battery carries a maximum sentence of up to 15 years in state prison and a fine of up to $10,000.

Under certain circumstances, sexual battery can be a first-degree felony for defendants who are 18 or older. For example, if the defendant has one or more prior charges for sexual battery or a similar offense, the charge will be a first-degree felony with a maximum sentence of up to 30 years in prison and a fine of up to $10,000. If the defendant is 18 or older and the victim is at least 12 years of age but younger than 18, the offense is a first-degree felony. Sexual battery is also a first-degree felony with a maximum sentence of 30 years in prison if:

• The victim is helpless to resist
• The offender coerces the victim to comply by threatening to use force or violence that is likely to cause serious personal injury on the victim and the victim reasonably believes that the offender has the present ability to execute the threat
• The offender coerces the victim to submit by threatening to retaliate against the victim or any other person and the victim reasonably believes that the offender has the ability to 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 mentally or physically incapacitates the victim
• The victim has a mental condition, and the offender has reason to believe the victim has a mental condition or has actual knowledge of the mental condition
• The victim is physically incapacitated
• The victim is a law enforcement officer, correctional officer, probation officer, elected official, or other authority figure in a detention or parole setting

Lewd and lascivious charges in Florida

Most of Florida’s lewd and lascivious charges address sex crimes against victims who are under the age of 16. The phrase “lewd or lascivious” is generally defined by Florida law as sexual conduct that is distasteful, wicked, lustful, and offensive to community standards.

LEWD OR LASCIVIOUS BATTERY CHARGE IN MIAMI SHORES

Florida law defines lewd or lascivious battery as engaging in sexual activity with a person who is 12 years of age or older but younger than 16 years of age. Encouraging, forcing, or enticing a person who is younger than 16 years of age to engage in sadomasochistic abuse, bestiality, prostitution, or any other act that involves sexual activity is also lewd or lascivious battery.

Generally, lewd or lascivious battery is a second-degree felony with a maximum sentence of 15 years in prison and a fine of up to $15,000. However, if the defendant was previously convicted for lewd or lascivious battery or a similar offense, the charge is a first-degree felony with a maximum sentence of up to 30 years in prison and a fine of up to $10,000.

LEWD OR LASCIVIOUS MOLESTATION

Lewd or lascivious molestation is Florida’s state law version of a child molestation charge. Lewd or lascivious molestation is defined as the act of intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering the body parts, of a person who is younger than 16 years of age. Forcing or enticing a person who is younger than 16 to touch the perpetrator is also an act of lewd or lascivious molestation.

Florida law distinguishes between minor victims who are at least 12 years of age and those who are younger than 12 years old. The law refers to minors who are younger than 12 as prepubescent minors. State courts impose even more severe sentencing in lewd and lascivious cases in which the victim is younger than 12 years of age. Adult defendants who commit an act of lewd or lascivious molestation against a victim who is younger than 12 years of age may be convicted on a life-eligible first-degree felony charge.

Lewd or lascivious molestation is a second-degree felony offense if the defendant is 18 years of age or older and the victim is at least 12 years of age but younger than 18 or if the defendant is younger than 18 and the victim is younger than 12. If convicted in either case, the defendant may be sentenced to up to 15 years in prison and a fine of up to $10,000.

LEWD OR LASCIVIOUS CONDUCT

Where lewd or lascivious molestation is based on where the offender touched the victim or inducted the victim to touch, lewd or lascivious conduct is based on the manner in which the contact occurred. Lewd or lascivious conduct occurs when an individual intentionally touches a person who is under 16 in a lewd or lascivious manner or solicits someone who is younger than 16 years of age to commit a lewd or lascivious act.

An offender who is 18 years of age or older who commits an act of lewd or lascivious conduct may be charged and convicted for a second-degree felony offense. However, if the defendant is younger than 18 years of age, lewd or lascivious conduct is a third-degree felony. 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

Florida residents should always exercise caution when engaging in sexual conduct. The state’s lewd or lascivious exhibition statute prohibits doing any of the following acts in the presence of a minor who is younger than 16 years of age:

• intentionally masturbating
• intentionally exposing the genitals in a lewd or lascivious manner
• intentionally committing any sexual act that does not involve actual physical or sexual contact with the victim, including sadomasochistic abuse, bestiality, or the simulation of any act that involves sexual activity

Under the lewd or lascivious exhibition law, displaying obscene sexual gestures or walking past a window in your home in a state of undress when minors are present on the outside may result in a criminal charge. Lewd or lascivious molestation is a second-degree felony if the offender is at least 18 years of age. If the offender is younger than 18, the offense is a third-degree felony, which has a maximum sentence of five years in prison and a fine of up to $5,000. Florida law carves out an exception for mothers who are breastfeeding their child in any circumstance.

Federal and state sex offender registration

Most sex crimes require defendants who are convicted to register with the state or federal sex offender registry, depending on which court has convicted the defendant. Convicted defendants who have completed a sentence for a sex offense that requires registration must register as a sex offender within 48 hours of their release from prison.

Registered sex offenders are not only monitored and required to check in anytime anything changes in their lives, their movements are also restricted in certain ways. For example, registered sex offenders are not permitted to work jobs that expose them to certain populations or reside within a specified proximity to schools, daycare centers, and other areas within which vulnerable populations may reside or gather. Sex offenders are also required to keep their email address, phone number, residential address, occupation, place of employment, and other personal details up to date at all times or risk being in violation of the law and facing legal penalties. Sometimes, in cases that do not involve the use of force, a threat, lack of consent, or other aggravating factors, a Florida defense attorney may be able to get the defendant’s charges reduced to an offense that does not require sex offender registration.

The age of sexual consent in Florida is 18. Florida’s Romeo and Juliet law permits young adults who are convicted for statutory rape to request an exception to the state’s mandatory sex offender registration requirement if the defendant and the victim are no more than four years apart in age and if the case meets several other requirements. Ask our Miami Shores sex crimes defense lawyer about Florida’s statutory rape laws and the state’s Romeo and Juliet law for young adults.

Sex crimes defense law firm in Miami Shores

The risks that are associated with a wrongful sex crime accusation are too high for potential defendants to entrust their case to just any attorney. For more than three decades, David Joffe has represented defendants in complex Florida sex crimes cases. If you are under investigation for a sex crime or if you have been charged or convicted for a sex offense in Miami Shores, give us a call. A member of our team will review your case and explore your possible legal options.