Facing accusations of a sex crime is an overwhelming and frightening experience. In Florida, these charges are taken very seriously and can lead to severe consequences, including long prison sentences and lifelong registration as a sex offender. Understanding sex crimes in Florida—ranging from the specific charges you might face to the harsh penalties and possible defense strategies—is crucial if you or someone you care about is under investigation.
Melbourne Lawyer for Sex Crimes
If you have been charged with a sex-related crime, you need to contact an experienced defense attorney immediately. Mark Germain provides legal defense to clients along the Space Coast charged with a number of crimes, including sex crimes.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
- Specific Offenses
- Maximum Jail Time and Fines
- What Are Potential Defenses to Sex Crimes?
- Criminal Process for Sex Crimes in Florida
- Collateral Consequences of a Sex Crime Conviction
- What Are Potential Non-Jail Alternatives?
- Can a Sex Crime Lawyer Help Me?
- Additional Resources
- Hire a Lawyer for Sex Crime Charges in Brevard County Florida
Specific Offenses
- Sexual Battery | Rape – Florida Statutes Section 794.011: Sexual battery (also known as sexual assault) is when someone engages in or attempts to engage in sexual contact with another person without their consent. If the victim is under 12 years old, the offense is a capital felony. If the victim is over 12, the offense ranges from a first-degree felony to a second-degree felony depending on the specific circumstances. The use of physical force, threats, or the victim’s incapacity can increase the severity of the offense.
- Unlawful Sexual Activity with Certain Minors | Statutory Rape – Florida Statutes Section 794.05: This offense occurs when a person who is 24 years old or older engages in sexual activity with someone who is 16 or 17 years old. Under Florida law, this is classified as a felony of the second degree.
- Lewd or Lascivious Offenses Involving Minors | Molestation – Florida Statutes Section 800.04: This offense involves inappropriate sexual behavior or contact with someone under 16 years old. Depending on the nature of the offense and the ages involved, these crimes can be classified as second-degree, first-degree, or even life felonies.
- Prostitution – Florida Statutes Section 796.07: Prostitution is when a person engages in sexual activity in exchange for money or something of value. In Florida, a first-time offense is a misdemeanor of the second degree.
- Solicitation of Prostitution – Florida Statutes Section 796.07: Solicitation of prostitution is when someone offers or agrees to pay for sexual services from another person. A third or subsequent offense is considered a third-degree felony.
- Online Solicitation of a Minor – Florida Statutes Section 847.0135: This offense involves someone using a computer or electronic device to seduce, solicit, or lure a minor into illegal sexual activities. It is classified as a third-degree felony, escalating to a second-degree felony if the offender misrepresents their age.
- Child Pornography | Sexual Performance by a Child – Florida Statutes Section 827.071: This offense involves using or encouraging a child to take part in a sexual performance or possessing child pornography.
- Voyeurism – Florida Statutes Section 810.14: Voyeurism is when someone secretly watches another person in a private place like a home or car with the intent of being inappropriate. This is a first-degree misdemeanor, escalating to a third-degree felony for repeat offenses.
Maximum Jail Time and Fines for Sex Offenses
- 2nd-Degree Misdemeanor: 60 days jail, $500 fine.
- 1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
- 3rd-Degree Felony: 5 years prison, $5,000 fine.
- 2nd-Degree Felony: 15 years prison, $10,000 fine.
- 1st-Degree Felony: 30 years prison, $10,000 fine.
- Life Felony: Life imprisonment, $15,000 fine.
- Capital Felony: Death or life imprisonment.
What Are Potential Defenses to Sex Crimes?
- Consent: One of the primary defenses in sex crimes cases is that the alleged victim consented to the sexual activity.
- Alibi: The defense of an alibi involves presenting evidence that the accused was elsewhere when the crime occurred.
- Lack of Intent: Some sex crimes require proof that the accused had the intent to commit the act.
- False Accusation: In some cases, the accused may claim that the allegations are fabricated.
- Mental Incapacity: This defense argues that the accused lacked the mental capacity to understand the nature of the act.
Criminal Process for Sex Crimes in Florida
- Arrest and Initial Appearance: After an arrest, the accused has an initial appearance before a judge within 24 hours to review charges and set bail.
- Formal Charges and Arraignment: After the initial appearance, the State Attorney’s Office decides whether to file formal charges.
- Pre-Trial Proceedings: Both the defense and prosecution gather evidence and file motions. The “Williams Rule” allows evidence of past behavior to be introduced if relevant to the case.
- Trial: If the case goes to trial, the accused is entitled to a trial by jury, where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If found guilty, sex crime convictions carry severe penalties, including mandatory registration as a sex offender.
- Appeals: The convicted individual has the right to appeal based on legal errors or other issues during the trial.
Collateral Consequences of a Sex Crime Conviction
- Registration Requirements: Convicted sex offenders may be required to register, and their information may be made public.
- Employment Challenges: A sex crimes conviction can severely limit job opportunities.
- Housing Issues: Finding housing can be difficult, especially with restrictions on living near schools or parks.
- Social Stigma and Isolation: Convictions often lead to social isolation and strain family relationships.
What Are Potential Non-Jail Alternatives?
- Probation: Florida Statutes Section 948.01 provides for probation, with specific conditions for sex offenders.
- Sex Offender Treatment Programs: As outlined in Florida Statutes Sections 948.03(5)(a) and 948.31, participation in treatment programs may be required.
- Electronic Monitoring: Florida Statutes Section 948.063 may require electronic monitoring for probation violations.
- Pretrial Diversion Programs: Florida’s pretrial diversion programs may be available for less severe charges under Florida Statutes Section 948.08.
Can a Sex Crime Lawyer Help Me?
- Explain Your Specific Charges: A lawyer will explain the charges you’re facing and the potential consequences.
- Protect Your Privacy and Reputation: A lawyer can manage the public aspects of your case to minimize harm to your reputation.
- Handle Sensitive Evidence with Care: Your lawyer will ensure sensitive evidence is handled properly and used fairly.
- Advocate Against Prejudgment: A lawyer will help ensure that you are treated as innocent until proven guilty.
- Handle the Challenges of False Accusations: If falsely accused, your lawyer will work to expose inconsistencies in the accuser’s story.
- Deal with Special Legal Procedures: Your lawyer will ensure that legal procedures like DNA evidence collection are handled correctly.
Additional Resources
Florida Statutes Chapter 794 – This particular Florida law includes definitions, penalties, and other provisions related to sexual offenses. The law covers various aspects of sexual battery, including offenses involving minors and the responsibilities of law enforcement in handling these cases. It also provides guidelines on evidence admissibility, victim protection, and specific laws regarding sexual offenders, making it an important resource for understanding sex crime laws in Florida.
FDLE – Sexual Offender and Predator System – The Florida Department of Law Enforcement’s Sexual Offender and Predator System allows the public to search for information on registered sexual offenders and predators. The system provides access to data reported by various state agencies and the offenders themselves. It also offers tools for neighborhood searches and alert systems to keep the public informed when a registered offender moves nearby.
Governor DeSantis Signs Legislation to Protect Children – This news release details legislation signed by Governor Ron DeSantis aimed at protecting children from grooming and other sexual offenses. The new laws introduce stricter penalties for sexual predators and enhance law enforcement’s ability to protect children. These measures include criminalizing harmful communications to minors and tightening sex offender registration requirements.
Hire a Lawyer for Sex Crime Charges in Brevard County Florida
If you have been charged with a sex-related crime in Central Florida, you need to contact an experienced defense attorney immediately. Mark Germain provides legal defense to clients charged with a number of crimes, including sex crimes. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
