Pembroke Pines Sex Crimes Defense Lawyer

Federal sex crimes charges in Pembroke Pines

Sex crimes are often referred to differently from jurisdiction to jurisdiction. For example, federal law references rape and sexual assault, whereas Florida law refers to sex crimes as sexual battery and lewd or lascivious offenses. People use many of the words that are referenced in sex crime laws interchangeably. However, the terms have very important differences when used in a legal context.

FEDERAL RAPE LAW

Under federal law, there are five different definitions of rape. A defendant may be convicted on a 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 law definition of rape focuses on the use of unlawful force or force that is likely to cause grievous bodily harm. Threatening to do severe bodily harm or drugging the victim also potential elements a prosecutor may use to establish a federal rape charge. In the absence of these required elements, a similar case may meet the definition of sexual assault under federal law.

FEDERAL SEXUAL ASSAULT CHARGE IN PEMBROKE PINES

Rape and sexual assault are distinctly different charges under federal law. Unlike a federal rape charge, which requires the prosecution to prove a severe force or a threat to do serious bodily harm, federal sexual assault does not require proof of the use of overt violence. Proving lack of consent is generally sufficient to establish an accusation of sexual assault in federal court. A defendant may be convicted under federal law for sexual assault 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

Where the federal rape law focuses on the use of force to cause serious bodily harm or a threat to cause serious bodily harm, the federal sexual assault law has a more general requirement. A defendant may be convicted if he or she causes the victim to experience fear. Instead of requiring the defendant played a role in causing the defendant to be intoxicated, sexual assault only requires proof that the defendant took advantage of the victim’s intoxicated state. The federal sexual assault statute also incorporates the defendant’s use of deception as an element.

AGGRAVATED SEXUAL CONTACT AND ABUSIVE SEXUAL CONTACT

Federal charges that are based on sexual contact have subtle but important differences when compared to rape and sexual assault. Under federal law, rape and sexual assault are based on a sexual act, which is defined as any of the following:

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

Aggravated sexual contact and abusive sexual contact are based on a different type of unlawful interaction. Federal law defines sexual contact as touching or causing someone else to touch, whether directly or through the clothing, the vulva, scrotum, anus, groin, penis, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, degrade, harass, or to arouse or gratify the sexual desire of any person. The statutory definition includes touching that occurs by any part of the body or with any object.

Federal aggravated sexual contact occurs when someone commits or causes sexual contact in a manner that would be considered rape if penetration or contact between the mouth and the genitals or anus had taken place. Similarly, abusive sexual contact is defined as an act of sexual contact that would meet the definition of sexual assault if penetration or contact between the mouth and the genitals or anus had occurred.

Sexual battery charges in Florida

Florida prosecutors charge most sex offenses under the state’s general sexual battery statute. A sexual battery charge does not require prosecutors to prove the use of a threat, force, or deception. It is also not necessary for prosecutors to prove the defendant caused or took advantage of the victim’s mental state or physical disability.

PENALTIES FOR SEXUAL BATTERY CASES IN PEMBROKE PINES

Sexual battery cases that do not involve aggravating circumstances are second degree felony offenses. If convicted, a defendant may be sentenced to a maximum of 15 years in state prison and ordered to pay a fine of up to $10,000.

Sometimes, sexual battery can be a first-degree felony charge. A defendant who is 18 years of age or older has one or more prior charges for sexual battery or a similar offense, may be charged with a first-degree felony. If convicted, the maximum sentence is 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

Florida lewd or lascivious laws

Most sex offenses that involve a victim who is younger than 16 are charged under the state’s lewd or lascivious laws. 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

State 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.

For first-time offenders, lewd or lascivious battery is a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000. 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

Florida’s equivalent to a child molestation statute is the lewd or lascivious molestation statute. 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.

Penalties for lewd or lascivious molestation vary depending on the age of the victim. Minor victims who are younger than 12 are known as prepubescent victims. Courts may enhance sentencing for defendants who commit a lewd or lascivious act against a victim who is younger than 12. 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. Defendants who are younger than 18 may also be charged with a second-degree felony offense if the victim is younger than 12. In either situation, the defendant may be sentenced to up to 15 years in prison and a fine of up to $10,000 if convicted.

LEWD OR LASCIVIOUS CONDUCT

Lewd or lascivious conduct is a similar charge to lewd or lascivious molestation. Instead of focusing on where the perpetrator touched the victim, 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, in cases in which the defendant is a minor, 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

It’s always important for adults to exercise caution when engaging in sexual conduct or being in a state of undress. Doing either in an area in which a minor may be present may result in a criminal accusation. Florida’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

Acts that may seem simple like 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 recognizes an exception for mothers who are breastfeeding their child in any circumstance.

Federal and state sex offender registration

Most sex crime statutes require defendants who are convicted of a sex offense to register with the state or federal sex offender registry. Convicted defendants who have completed a sentence for a sex offense that requires registration must report to their local sheriff’s department within 48 hours of their release from prison. Upon reporting, the sheriff’s office will collect the individual’s personal data.

Registered sex offenders are not only monitored and required to provide an update 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 vulnerable populations or reside within a specified proximity to schools, daycare centers, and other prohibited areas. 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.

SEX OFFENDER REGISTRATION AND FLORIDA’S ROMEO AND JULIETTE LAW

The age of sexual consent in Florida is 18. However, many states have enacted laws that reduce or eliminate penalties for young adults who are sexually involved with teens who are closer to turning 18. Many jurisdictions refer to the act of engaging sexually with an older teen who has not yet reached the age of consent as statutory rape.

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.

It is important to note that the defendant may still be subjected to other penalties as defined by the state’s lewd or lascivious laws. Therefore, teens and young adults may still have a criminal record that reflects a sex crime conviction though they may be exempt from having to register as a sex offender. 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.

Pembroke Pines sex crimes defense attorney

If you have been accused of a sex crime, don’t entrust your case, and potentially your freedom, to just any defense lawyer. For more than 35 years, 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 and convicted for a sex offense in Pembroke Pines, give us a call. A member of our team will review your case and explore your possible legal options.