Sex Crimes Attorney Pinecrest

Federal- and state-level rape laws

Most adults generally interpret the word “rape” to mean non-consensual sexual intercourse. Jurisdictions across the country vary in terms of how they refer to the offense that is generally known as rape. The federal government and Florida use very different terms in their statutes that address rape and sexual assault offenses. Nevertheless, there are more similarities than differences between the two sets of laws.

FEDERAL RAPE & SEXUAL ASSAULT LAWS

Federal law identifies several circumstances that meet the legal definition set forth in the rape statute. An individual may be convicted in federal court for rape charge if he or she commits a sexual act on someone else by:

• using unlawful force against another person
• using force that causes or is likely to cause death or grievous bodily harm to any person
• threatening or placing the victim in fear that any person will be subjected to death or 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 the victim, a drug, intoxicant, or similar substance that impairs the victim’s ability to appraise or control conduct

Federal law defines “grievous bodily harm” as serious bodily injury that may include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. A “sexual act” is defined as any degree of penetration by any body part or object with the intent to abuse, humiliate, harass, degrade any person, or to arouse or gratify the sexual desire of any person.

In contrast to rape, a charge of sexual assault does not have physical force as an element. A defendant may be convicted on a charge of sexual assault if he or she commits a sexual act on someone else by:

• threatening or placing the victim in fear
• making a fraudulent representation that the sexual contact serves a professional purpose
• inducing a belief by any artifice, pretense, or concealment that the person is another person
• commits a sexual act on a victim without the victim’s consent
• commits a sexual act with the knowledge or having reason to know that the victim is asleep, unconscious, or otherwise unaware that the sexual act is occurring
• commits a sexual act on a victim when the victim is unable to consent due to impairment by any drug, alcohol, or other intoxicant
• commits a sexual act on a victim while knowing the victim has a mental disease or defect
• commits a sexual act on a victim while knowing the victim has a physical disability

Beyond rape and assault, federal law also recognizes aggravated sexual contact and abusive sexual contact as separate offenses. Federal law defines sexual contact as touching or causing another person to touch, either directly or through the clothing, the genitals, genital area, breast, inner thigh, or buttocks of another person with the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. The statute covers touching whether it occurs with any body part or with an object.

Aggravated sexual contact refers to the act of touching the victim or causing the victim to touch someone in a manner that includes all of the required elements of a rape charge except penetration occurring. Abusive sexual contact is the act of touching the victim or causing the victim to touch someone in a manner that includes all of the elements of sexual battery with the exception of penetration occurring.

The federal rape and sexual battery cases are generally very detailed and technical. Our Pinecrest sex crimes defense lawyer is thoroughly knowledgeable of the federal rape and sexual battery laws and relevant case law.

Florida’s sexual battery statutes

Florida uses the term “sexual battery” to refer to activity federal law describes as a “sexual act.” The state’s sexual battery statutes assign different penalties for defendants based on the ages of the defendant and the victim. In cases in which the defendant and the victim are 18 years of age or older and the defendant does not use physical force and violence likely to cause serious injury, sexual battery is a second degree felony. If convicted, the defendant may be sentenced to up to 15 years in prison and a fine of up to $10,000.

Florida law also describes several situations in which the maximum for a sexual battery charge may be increased. Some examples include:

• the defendant is in a position of familial or custodial authority of a minor and solicits the minor to commit sexual battery against a victim who is under the age of 18
• the victim has one or more prior convictions for sexual battery or a related offense
• the victim is physically incapacitated
• the defendant was aware that the victim had a mental disorder at the time of the offense
• the defendant administered an intoxicant to the victim without the victim’s consent
• the defendant used force or threatened violence, and the victim believed the defendant was capable of carrying out the threat
• the defendant coerced the victim by threatening retaliation against the victim or someone else
• the defendant is a law enforcement officer, correctional officer, correctional probation officer, or an elected official

The level of detail contained in Florida’s sexual battery statute makes it imperative that Pinecrest sex crimes defendants have the help of an attorney. People who don’t work in a legal profession are unlikely to readily understand all of the terms and conditions that determine whether the defendant may be convicted and, if convicted, the applicable sentencing guidelines.

Lewd and lascivious behavior laws

Florida addresses sex crimes against children in multiple statutes throughout the state legal code. Many of Florida’s sex abuse laws that specifically refer to minor victims are contained in the state’s lewd and lascivious behavior laws.

LEWD OR LASCIVIOUS BATTERY

Lewd or lascivious battery is similar to a statutory rape law. A defendant may be convicted for lewd or lascivious battery in a Florida court if he or she engages in sexual activity with someone who is at least 12 years of age but younger than the age of 16. An individual may also be convicted for lewd or lascivious battery if he or she encourages, forces, or entices anyone who is under the age of 16 to sadomasochistic abuse, beastiality, or any other sexual activity.

Lewd or lascivious battery is generally a second degree felony with a maximum sentence of 15 years in prison and a maximum fine of $10,000. However, if the defendant has one or more prior convictions for a similar offense, the offense may be enhanced to a first degree felony with a maximum sentence of 30 years in prison and a maximum fine of $10,000.

LEWD OR LASCIVIOUS MOLESTATION

Although Florida has several laws that prohibit adults from touching children in a sexual manner, the lewd or lascivious molestation statute is Florida’s most direct comparison to a child molestation law. An individual may be charged with lewd or lascivious molestation if he or she intentionally touches a person who is younger than age 16 in a lewd or lascivious manner in any of the following areas:

• the breasts
• the genitals
• the genital area
• the buttocks

The statute specifies that the contact is illegal without regard to whether the area is covered by clothing. For adult defendants, lewd or lascivious molestation is a second degree felony if the victim is at least 12 years of age but younger than the age of 16. If the defendant is an adult and the victim is younger than 12, the offense is a first degree felony with a maximum sentence of life in state prison. If the defendant is under 18 years old and the victim is at 12 or older but younger than 16, the offense is a third degree felony, which has a maximum sentence of five years in prison. In cases in which the defendant is a minor and the victim is younger than 12 years of age, the offense is a second degree felony.

LEWD OR LASCIVIOUS CONDUCT

State prosecutors charge individuals with lewd or lascivious conduct if the individual touches someone who is under the age of 16 without a more involved sexual act taking place. An individual may also be charged with lewd or lascivious conduct if he or she solicits someone who is under 16 to commit a lewd or lascivious act. Compared to lewd or lascivious battery and lewd or lascivious molestation, the law against lewd or lascivious conduct is more subjective as it does not specify conduct that qualifies as lewd or lascivious.

Adult defendants who are charged for lewd or lascivious conduct may be convicted for a second degree felony offense. For minor defendants, the offense is a third degree felony.

LEWD OR LASCIVIOUS EXHIBITION

An individual may be charged with lewd or lascivious exhibition if he or she engages in sexual conduct in the presence of a minor. Examples of sexual acts that may result in a conviction under the lewd or lascivious statute if conducted in the presence of a minor include:

• masturbation
• exposing the genitals in a lewd or lascivious manner
• sadomasochistic abuse
• beastiality
• any other sexual act that does not involve touching the victim
• simulated sex acts

Prosecutors must prove the defendant intentionally engaged in the sexual act in the presence of a minor. Lewd or lascivious exhibition is an offense that can easily lead to an unsuspecting person facing a criminal charge. For example, engaging in a sex act in front of a window when children are walking by may create the appearance that the behavior was intentional. Moreover, simulated sex acts and gestures may be interpreted as lewd or lascivious exhibition if done in front of a minor who is less than 16 years of age.

Lewd or lascivious exhibition is a second degree felony if the defendant is 18 or older. If the defendant is under 18, the offense is a third degree felony. Florida law specifies that a mother breastfeeding her child can never be considered lewd or lascivious exhibition.

Federal child pornography laws

The global nature of the internet makes it much easier for the federal government to invoke jurisdiction in child pornography cases. Moreover, federal child pornography laws have a very broad definition of activities that affect international and foreign commerce. Similar to Florida’s child pornography laws, the federal child pornography statutes take on a multifaceted approach to targeting crimes that involve illegal sexual images of children.

Child pornography laws differ from other laws against sex crimes that involve children in that anyone who is under the age of 18 is considered to be a child. Therefore, it is illegal for anyone to have any involvement with sexual depictions of anyone who is under 18. A state’s legal age of consent is irrelevant when it comes to child pornography.

RECEIPT AND DISTRIBUTION OF CHILD PORNOGRAPHY

Federal law prohibits the receipt and distribution of visual depictions of a minor engaging in sexual activity. An individual may be charged for receiving or distributing child pornography under federal law if he or she receives, reproduces, or distributes child pornography that has been mailed or moved in interstate or foreign commerce. Receiving child pornography is defined as knowingly accepting or taking possession of illegal sexual images of minors. Distribution refers to the delivery or transferring possession of illegal sexual images of minors to someone else without regard to whether the distribution is for monetary gain.

Possession, receipt, and distribution of child pornography are felonies under federal law, punishable by up to 10 years in federal prison if convicted. If the material depicts a child who is under the age of 12, the maximum sentence increases to 20 years in federal prison. If the defendant has one or more prior offenses for exploiting a child, the offense carries a mandatory minimum sentence of 10 years in federal prison, and the maximum sentence is 20 years in federal prison without regard to the age of the minor depicted in the illegal materials.

Possession and transmission of child pornography under Florida law

In Florida, possession of child pornography is a third degree felony, punishable by a maximum of five years in prison and a fine of up to $5,000. Prosecutors charge child pornography possession offenses based on the number of illegal images the defendant has. If the defendant has 1,000 images in his or her possession, he or she will likely be charged with 1,000 counts of possession of child pornography. If convicted, the court may impose a separate sentence for each individual count. Therefore, prison time can add up very quickly in possession cases.

Florida’s child pornography possession laws are particularly aggressive because a defendant who has three or more copies of an illegal image of a child may be automatically presumed to be promoting child pornography. Promotion of child pornography is a second degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.

Transmission of child pornography is also a third degree felony in Florida. An individual may be convicted on a charge of transmission of child pornography under state law if he or she sends and causes a sexual depiction of a minor to be received through any means.

Sexting and child pornography in Florida

Sexting, or the act of exchanging sexual materials through text messages, is legal under Florida law when it occurs between two overtly consenting adults. However, sexting is a criminal act if it occurs between adults without one of the adult’s consent or if it involves anyone who is under the age of 18.

Most teens never imagine themselves facing criminal charges for soliciting or receiving a sexual text message. However, Florida and the federal government actively prosecute minor sexting cases under state and federal child pornography statutes. Florida law treats minor and adult defendants very differently in sexting cases that involve a minor.

SEXTING BETWEEN AND ADULT AND A MINOR

An adult who sends, solicits, or receives a sexual depiction in a text message from a minor may be charged with several felony offenses. If the adult sends a sexual image to the minor, the adult may be charged for transmitting material that is harmful to a minor. An adult who requests a sexual image from a minor may be charged with possession of child pornography under state law and with receipt of child pornography under federal law if he or she receives the image. The act of sending the illegal image to someone else may be charged as transmitting child pornography and promoting a sexual performance by a minor. If the adult makes arrangements via text to travel to meet with the minor, the adult may be charged with the state level offense of traveling to a minor for a sexual purpose. The seemingly simple act of sending or requesting a sexual image from someone who is under 18 can easily lead to a prosecutor charging you with several offenses.

SEXTING BETWEEN MINORS IN FLORIDA

Sexting cases that involve minors are initially misdemeanor cases that are prosecuted by the juvenile criminal court system. First-time sexting law offenders who are minors may be ordered to complete eight hours of community service, pay a fine of up to $60, and complete a course on the dangers of sexting. Second-time offenders may be charged with a misdemeanor and sentenced to a maximum of one year in jail. Third-time and subsequent offenders may be charged with a third degree felony and sentenced to up to five years in prison and ordered to pay a fine of up to $5,000. If the court determines that a sexting case is very serious, the defendant may be charged and sentenced as an adult despite being under 18 years of age.

Pinecrest FL lawyer for sex crimes

Sex offenses are high-stakes crimes that require the legal advocacy of a high-caliber attorney. If you have been accused of a sex crime, contact our Pinecrest FL sex crimes lawyer to receive a case evaluation.