What is a Dangerous Sexual Felony Offender According to Florida Law? South Florida Sex Crime Attorney Discusses
Being classified as a dangerous sexual offender in Florida has serious ramifications. If you are designated as a dangerous sexual offender – you are facing a minimum of 25 years in prison. Prison terms can range from 25 years to life in prison if the Florida court finds you to be a dangerous sexual felony offender.
According to Florida law, specifically the “Dangerous Sexual Felony Offender Act,” any person who is convicted of the following crimes is considered a dangerous sexual felony offender.
Criminal Convictions that lead to a dangerous sexual felony offender status in Florida:
- A sexual offense involving: serious personal injury to the victim, use or threat of use of a deadly weapon, victimized more than one person during commission of the crime, and other elements pertaining to criminal record prior to commission of this act.
- Kidnapping
- Custody offenses
- Human trafficking
- Sexual battery related offenses
- Lewd or lascivious offenses involving someone less than 16 years old.
- Abuse, neglect, and exploitation of elderly persons and disabled adults
- Sexual performance by a child
- Selling or buying of minors
Furthermore, in order to be sentenced, the individual must be an adult, over the age of 18, and have caused any of the following during the criminal sex act:
- Caused serious personal injury to the victim
- Used or even threatened to use a deadly weapon on the victim
- Victimized more than one person while in the process of committing the offenses above.
- Committed said offense while being under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction
- Has previously been convicted of a violation of the offenses above
If any one of the above factors are met, the person is considered to be a dangerous sexual felony offender, who will ultimately be forcibly sentenced to serve a minimum of 2 years in prison and a maximum of life imprisonment.
Even though this is already an extremely serious conviction, the charges could worsen.
If the person were to, in addition to committing the above charges, cause serious personal injury to the victim or victims, then they would be forced to spend a minimum of 50 years in prison and up to a lifetime in state prison.
Serious personal injury is defined as causing great bodily harm or pain, permanent disability, or permanent disfigurement to the victim or victims. It is also incredibly important to mention that a defendant who was sentenced has to serve the mandatory minimum term of imprisonment and will not be eligible for statutory gain time or any type of early release.
If someone is designated as a dangerous sexual felony in Florida, the mandatory minimums mean that there is no way nor any circumstance in which a person can serve less time than that. Whether 25 or 50 years, that is the least possible amount of time someone will spend in prison if convicted.
Worried you might be considered a sexual felony offender in the future? Have you been charged with a crime in Florida that’s in this classification?
It is of the utmost importance that you contact a skilled South Florida criminal defense lawyer to help guide you through your case – and through a potential trial – immediately.
As you probably understand from reading above, Florida does not take these accusations, allegations or crimes lightly and because of this, there is no way to avoid serving the minimum prison sentence.
There are a variety of different crimes that can lead you to be placed under that category, so it is also important to understand what convictions will qualify. Your lawyer will be able to fight for you and help you to the best of their abilities.
Sex & Child Abuse Criminal Defense Strategy Session
We’ve successfully handled a variety sex crime 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.
Give us a call today:
- Fort Lauderdale: (754) 206-6200
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