Wynwood Sex Crimes Attorney

A federal sexual assault charge does not require prosecutors to prove the use of violence or a threat that meets a required level of severity. Instead, proving the defendant made a threat or otherwise caused the other person to experience fear is sufficient. Federal sexual assault charges can also be based on the defendant taking advantage of the victim’s mental condition even if the defendant did not cause the impairment. Federal prosecutors may also establish a sexual assault charge by solely proving the victim did not consent to the sexual act or that the defendant committed the sexual act by using deception.

Aggravated sexual contact and abusive sexual contact

One of the very subtle differences between federal sex offenses is the distinction federal law draws between the definition of a sexual act and sexual contact. A sexual act is defined as:

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

In contrast, sexual contact is defined under federal law as touching, or causing another person to touch, whether directly or through clothing, the female sex organ, male sex organ, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Under the federal law definition of sexual contact, the touching may be accomplished by any part of the body or an object.

The distinction becomes very important in cases that involve abusive sexual contact and aggravated sexual contact. Sexual activity is a required element in federal rape and sexual assault charges. Sexual contact is a required element in federal aggravated sexual contact and abusive sexual contact cases.

Aggravated sexual contact occurs when someone commits sexual contact on or by another person upon a victim in a manner that would meet the definition of rape if the contact were sexual activity instead. Abusive sexual contact occurs when someone commits sexual contact on or by another person upon a victim in a manner that would meet the definition of sexual assault if the contact were sexual activity instead.

Sexual battery cases in Wynwood

Florida’s sex crime laws do not specifically reference rape or sexual assault. Instead, state level prosecutors charge offenses that meet the federal law definition of rape or sexual assault as sexual battery. The state’s sexual battery law thoroughly describes different factors that affect the severity of the charge. The use of force, violence, a threat, and deception are not required elements in a standard Florida sexual battery charge. Instead, the state’s sexual battery law focuses primarily on the lack of the victim’s consent.

SEXUAL BATTERY WHEN THE OFFENDER IS 18 YEARS OF AGE OR OLDER

A standard sexual battery charge does not involve the use of force or any other aggravating factors. When the use of force is absent and the offender is 18 years of age or older, sexual battery is a second degree felony if the victim is also 18 years of age or older. Second degree felony sexual battery has a maximum sentence of 15 years in state prison and a fine of up to $10,000. However, if the defendant has one or more prior convictions for a similar offense, the defendant will be charged with a first-degree felony, which has a maximum sentence of 30 years in prison and a fine of up to $10,000.

In some cases, sexual battery can be enhanced to a life-eligible felony or a capital offense. Sexual battery may be a capital offense if a defendant who is 18 years of age or older severely injures the sex organs of a victim who is under 12 years of age. A Florida court will enhance sexual battery to a first-degree felony with a maximum sentence of life in prison if the defendant is 18 years of age or older and:

• the victim was physically helpless to resist
• the offender coerced the victim to comply by threatening to use force or violence that is likely to cause serious personal injury to the victim and the victim reasonably believes the offender had 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 has 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 mentally or physically incapacitated the victim
• the victim has a mental disorder, and the offender had reason to believe the victim had the disorder or had actual knowledge of the disorder
• the victim was physically incapacitated
• the offender is a law enforcement officer, correctional officer, parole officer, elected official, or anyone else who is in a position of authority in a parole or detention setting

If a defendant who is 18 years of age or older engages in an act of sexual battery against a victim who is at least 12 years of age but younger than 18, the offense is a first-degree felony. The maximum sentence for the offense would be 30 years in state prison and a fine of up to $10,000.

WYNWOOD SEXUAL BATTERY CHARGES FOR MINOR DEFENDANTS

Florida’s sentencing guidelines are slightly more lenient in sexual battery cases in which the defendant is younger than 18 years of age. In a case that does not involve the use of force, sexual battery is a second-degree felony if the offender is under the age of 18 and the victim is 12 years of age or older. A minor may be charged for a first-degree felony offense, which carries a maximum sentence of 30 years in prison and a fine of up to $10,000 if the minor is convicted in a sexual battery case that involves any of the following:

• the victim was physically helpless to resist
• the offender coerced the victim to comply by threatening to use force or violence that is likely to cause serious personal injury to the victim and the victim reasonably believes the offender had 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 has 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 mentally or physically incapacitated the victim
• the victim has a mental disorder, and the offender had reason to believe the victim had the disorder or had actual knowledge of the disorder
• the victim was physically incapacitated
• the offender is a law enforcement officer, correctional officer, parole officer, elected official, or anyone else who is in a position of authority in a parole or detention setting

Lewd and lascivious laws in Florida

Florida’s lewd and lascivious laws generally reference sex offenses against victims who are under 16 years of age. The phrase “lewd or lascivious” refers to behavior that is immoral, distasteful, or against community standards. Defendants in lewd and lascivious cases may not argue any of the following as a defense:

• the victim’s consent
• the victim’s lack of chastity
• ignorance of the victim’s age

LEWD OR LASCIVIOUS BATTERY

Florida law defines lewd or lascivious battery as the act of engaging in sexual activity with anyone who is at least 12 years old but under 16 years of age. Encouraging, enticing, or inducing anyone who is younger than 16 years of age to engage in sadomasochistic abuse, bestiality, prostitution, or any other sexual activity also meets the definition of lewd or lascivious battery in Florida. Lewd or lascivious battery is a second-degree felony, which carries a maximum sentence of up to 15 years in state prison and a fine of up to $10,000. If the defendant has one or more prior convictions for a similar offense, the defendant may be charged with a first-degree felony, which has a maximum sentence of up to 30 years in prison and a fine of up to $10,000.

LEWD OR LASCIVIOUS MOLESTATION CASES IN WYNWOOD FL

Lewd or lascivious molestation is Florida’s law against child molestation. State law defines lewd or lascivious molestation as intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks–or the clothing that covers the areas–of a person who is younger than 16 years of age. Forcing or enticing a person who is under 16 years of age to touch the perpetrator also meets the state law definition of lewd or lascivious molestation.

An individual who is 18 years of age or older who is accused of an act of lewd or lascivious molestation against a victim who is younger than 12 years of age may be charged with a first-degree felony that carries a maximum sentence of life in prison. If the offender is at least 18 years of age and the victim is at least 12 years of age but younger than 16, the offense is a second-degree felony, which has a maximum sentence of 15 years in prison and a fine of up to $10,000. If the offender is younger than 18 years old and the victim is 12 years of age or older but younger than 16, the offense is a third-degree felony, which carries a maximum sentence of up to five years in prison and a fine of up to $5,000.

LEWD OR LASCIVIOUS CONDUCT

Lewd or lascivious conduct occurs when someone intentionally touches a person who is under the age of 16 in a lewd or lascivious manner or solicits a person who is younger than 16 to commit a lewd or lascivious act. In contrast to lewd or lascivious molestation, lewd or lascivious conduct focuses less on the areas in which the offender touches the victim and focuses more on the manner in which the defendant touches the victim.

If the offender is 18 years of age or older, lewd or lascivious conduct is a second-degree felony, which carries a maximum sentence of 15 years in state prison and a fine of up to $10,000. However, if the offender is under 18 years of age, the offense is a third-degree felony. If the offender is convicted, he or she may be sentenced to a maximum of up to five years in prison and a fine of up to $5,000.

WYNWOOD LEWD OR LASCIVIOUS EXHIBITION CASES

Florida’s lewd or lascivious exhibition statute underscores the importance of monitoring your conduct closely when minors may be present. State law defines lewd or lascivious exhibition as intentionally masturbating, exposing the genitals in a lewd or lascivious manner, or committing any other sexual act that does not directly involve physical or sexual contact with the victim in the presence of a victim who is younger than 16 years of age. If the offender is 18 years of age or older, lewd or lascivious exhibition is a second-degree felony. If the defendant is a minor, the offense is a third-degree felony.

An individual may be charged with lewd or lascivious exhibition in ways most people may not immediately think of as a sex offense. For example, walking around inside your home near windows while school children are walking by or making an obscene sexual gesture toward someone else while a minor is present may technically result in a lewd or lascivious exhibition charge. Your Wynwood sex crimes defense lawyer may be able to successfully challenge the charge by providing evidence that you were unaware of the minor’s presence or that you were not behaving in a manner that was lewd or lascivious. Although a lewd or lascivious charge may not seem to be very serious, the offense is a felony and may require you to register as a sex offender if convicted.

Contacting a Wynwood FL sex crimes defense lawyer

If you have been accused of a sex crime, it’s never too early to consult a Florida sex crimes defense attorney. David Joffe is South Florida’s trusted defense lawyer for a variety of different types of sex crimes cases. We are committed to defending the constitutional rights to the accused and fighting for a fair and equitable case outcome. Contact Joffe Law to learn more about our well-established track record in representing people who have been accused of a sex offense in South Florida. A member of our team will conduct a thorough case evaluation, and we will follow up with you regarding next steps.

Also see…

• Child Pornography Defense Attorney in Wynwood FL
• Wynwood Federal Appeals Lawyer for sex crime cases