Criminal charges always feel daunting. Whether you are a loved one were arrested or charged with sex abuse, thinking about the consequences can be overwhelming. Even if you haven’t been arrested yet, discovering that you’re being investigated for a sex crime can result in a lot of worry and anxiety about your future. The South Florida sexual abuse lawyers at Rossen Law Firm are here to help, so call today to get started.
What is a Sex Abuse Crime?
On a base level, a sex crime is any act involving unlawful sexual activity. There is a wide array of sex crimes in Florida and each crime carries its own distinctive definition and potential penalties. Learn more at: FLA. STAT. §794.011 (2019)
COMMON SEX ABUSE CRIMES IN FORT LAUDERDALE:
- The crime of Sexual Battery, more commonly known as rape, is committed when a person has non-consensual oral, anal, or vaginal contact with another person using their sexual organ or an object.
- Exposure of Sexual Organs (Indecent Exposure) is an intentional and vulgar exhibition of a person’s genitals within a public place or on the premises of another, or to be naked except in any place provided or isolated for that purpose.
Lewd & Lascivious Battery or Molestation:
- Lewd or Lascivious Battery is committed by having sex with someone 12 to 15 years of age; or encouraging, forcing, or enticing any person under 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other sexual act. Lewd or Lascivious Molestation is committed when a person intentionally touches the breasts, genitals, or buttocks of a child under 16 years of age in a lewd or lascivious manner; or encourages, forces, or lures a child younger than 16 to touch another person in a lewd or lascivious manner.
- The crime of Sexual Battery is committed when a person has non-consensual oral, anal, or vaginal contact with another person using their sexual organ or an object.
- Statutory Rape is defined as engaging in sexual activity with a person who is younger than the legal age of consent. In Florida, a child under 16 years of age cannot consent to sexual activity, regardless of the age of the defendant. A child who is at least 16 years of age and less than 18 years old cannot consent to sexual activity if the defendant is 24 years of age or older.
Sexual Cyber Harassment (including revenge porn):
- Sexual Cyber Harassment, commonly known as revenge porn, is the distribution of consensually obtained sexually explicit images of another person without the depicted person’s permission.
Possession of Child Pornography:
- Possession of Child Pornography is defined as knowingly and intentionally possessing, regulating, or viewing images or video files of child pornography.
- Voyeurism is either when a person secretly observes another person in a space where they have the reasonable expectation of privacy with lewd or indecent intent, or when someone secretly observes another’s intimate body parts when that person has reasonable expectation of privacy. This is usually done out of sexual interest or for sexual gratification.
- Soliciting a Child for Sex is defined as the use of an online service, internet service, or electronic device to seduce, solicit, lure, or entice a minor, or person believed to be a minor, to engage in unlawful sexual conduct.
Traveling to Meet a Minor for Sex:
- The crime of Traveling to Meet a Minor for Sex is defined as traveling any distance within, from, or to Florida for the purpose of engaging in unlawful sexual conduct with a child after using an online service or electronic device to seduce, solicit, lure, or entice the child to engage in unlawful sexual conduct.
CONSEQUENCES OF SEX ABUSE CRIMES
The consequences for a sex abuse crime in South Florida are serious and can land you in jail or prison, depending on the severity of the offense. Because some sex abuse crimes are classified as misdemeanors, while others are considered serious felonies, there are a multitude of penalties for these types of offenses.
Here are a few examples of Sex crime penalties in Florida:
Indecent Exposure
Indecent Exposure is classified as first-degree misdemeanor, with penalties of up to 1 year in jail or 1 year of probation, and a fine of $1,000. A conviction for Indecent Exposure will subject the defendant to a permanent stigma, which could interfere with employment, professional licensing, college applications, and other features of daily life.
Lewd and Lascivious Battery
Lewd and Lascivious Battery is a second-degree felony, punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine. This offense is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code, meaning the minimum penalty for a conviction is 7 ¾ years in prison followed by at least two years of sex offender probation.
Lewd or Lascivious Molestation
The crime of Lewd or Lascivious Molestation by a person 18 or older on a child under 12 is a Life Felony punishable by a minimum 25-year prison sentence followed by lifetime sex offender probation and a $10,000 fine.
Lewd or Lascivious Molestation by a person 18 or older on a child 12 or older, but under 16 is a second-degree felony punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine. This crime is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. The minimum sentence upon conviction is 51 months in prison followed by at least 2 years of sex offender probation.
Lewd or Lascivious Molestation by a Minor on a child younger than 12
The crime of Lewd or Lascivious Molestation by a person under 18 on a child younger than 12 is a second-degree felony, punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine.
This crime is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. The minimum sentence upon conviction is 51 months in prison followed by at least 2 years of sex offender probation.
The crime of Lewd or Lascivious Molestation by a person younger than 18 on a child older than 12, but younger than 16 is a third-degree felony, punishable by up to 5 years in prison, 5 years of sex offender probation, and a $5,000 fine. This crime is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. The minimum sentence upon conviction is 36 months in prison followed by at least 2 years of sex offender probation.
Rape & Sexual Battery
Sexual Battery is a second-degree felony, punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine. Sexual Battery is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code. The minimum sentence for a conviction is 7 ¾ years in prison followed by at least 2 years of sex offender probation.
Statutory Rape
Statutory Rape is a second-degree felony, punishable by 15 years in prison and a $10,000 fine for first-time offenders. For habitual offenders, penalties can include up to 40 years or life in prison.
Sexual Cyberharassment
A first offense for sexual cyber harassment is a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
If a person has a prior conviction for sexual cyberharassment and commits the offense again, it is considered a third-degree felony, with penalties of up to 5 years in prison, 5 years of probation, $5,000 in fines, and 60 days of vehicle impoundment or immobilization. A person convicted of this crime is subject to a minimum jail sentence of 10 days, per Florida’s Criminal Punishment Code.
SEX ABUSE CRIMINAL DEFENSE ATTORNEY IN SOUTH FLORIDA
If you, or someone you know, is facing sex abuse charges – you’ve come to the right place. Rossen Law Firm has several years of experience providing a compassionate and expert defense to sex abuse charges in Fort Lauderdale.
In our experience, we’ve found more often than not, sex abuse crimes occur due to circumstance and opportunity – not the purposeful act of a ruthless criminal. If you’re facing sex abuse charges, give our office a call. We’ll listen to your story and discuss the best action plan for you. One mistake shouldn’t have the power to ruin or define the rest of your life, and we’re here to make sure that doesn’t happen.
Sex Abuse Criminal Defense Strategy Session
We’ve successfully handled a variety sex abuse cases and are confident we can give you the personalized and aggressive defense you deserve to protect your rights. Rossen Law Firm offers a FREE strategy session so you know how we’ll plan to get the best possible result for you and your case. Contact a South Florida sexual abuse lawyer to get started.