Miami Sex Crime Defense Lawyer
Skilled Legal Defense for Serious Charges
Florida implements some of the strictest sex crime laws and penalties in
the country. The term "sex crime" refers to a variety of criminal
offenses. Indecent exposure, rape, prostitution, and solicitation all
fall into this category and can lead to life-changing legal consequences.
If you were charged with a sex crime and need to speak with an attorney,
contact Parks & Braxton, PA today.
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Types of Sex Crimes
Fla. Stat. § 794.011 Sexual Battery (Rape) – Florida laws classify rape charges under the term "sexual
battery," which refers to:
"…oral, anal, or vaginal penetration by, or union with, the
sexual organ of another or the anal or vaginal penetration of another
by any other object."
If the perpetrator is a legal adult and the victim is less than 12 years
old, sexual battery is a capital felony.
Fla. Stat. § 800.04 (5) Lewd or Lascivious Molestation – Commonly known as "sexual abuse" or simply "molestation,"
lascivious molestation involves intentional touching of the genital area,
genitals, breasts, or the clothing covering them (of a victim who is less
than 16 years of age) in a lascivious or lewd manner.
18 U.S.C. § 2251-2260 Child Pornography – According to 18 U.S.C. § 2256, child pornography involves:
"…any visual depiction, including any photograph, film, video,
picture, or computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of sexually explicit
Fla. Stat. § 784.046
(Sexual Abuse) - "Sexual abuse" can refer to a wide variety of crimes, thus
resulting in a diverse range of legal penalties. Sexual abuse is a general
term that typically refers to dating, sexual, and domestic violence. According
to Fla. Stat. § 784.046 (1)(a), "violence" can involve
kidnapping, false imprisonment, stalking, rape, assault, battery, and
Fla. Stat. § 796.07 (Prostitution) – Prostitution refers to any sexual activity given in exchange for
payment. This also includes lewdness (which refers to indecency) and assignation
(making an appointment for prostitution. In addition to prostitution,
this chapter prohibits the act of owning or maintaining a building or
structure used for prostitution
An Overview of Rape Laws in Florida
Rape is a serious criminal offense that can lead to severe penalties. Unlike
many states, Florida does not differentiate between sexual battery and
rape. In order to obtain a conviction, the prosecution must show that
the sexual activity was not consensual, unless the victim was less than
12 years old.
Common Defense Strategies - One of the most common and effective defenses for rape is consent. The
prosecution must demonstrate lack of consent; without it, the prosecution
cannot present a viable argument against the defendant.
What are the penalties for rape?
The minimum charge for rape in Florida is a second-degree felony offense,
which can result in a
15-year prison sentence.
In some situations, the state may decide to elevate the crime to a felony
of the first degree, which is punishable by
30 years in prison.
Aggravated circumstances, such as the use of a deadly weapon, can result
in the charge becoming a life felony, punishable by a
life sentence in prison.
If the victim is less than 12 years old and the defendant is a legal adult,
the crime becomes a capital felony. This crime is
punishable by death.
Child Pornography Laws and Penalties
Child pornography is a federal crime. Under U.S. law, child pornography
includes producing or possessing child pornography, or selling, buying,
and exploiting children to create child pornography.
If you were accused of a children pornography crime, you could face serious
penalties. Under U.S.C. § 2251,
the penalties for these crimes include:
- Producing child pornography – 15 to 30 years in prison for a first offense
- Transporting child pornography – 5 years minimum sentence, 20 years maximum
- Possessing child pornography – Up to 10 years in prison (20 with
prior sex offenses)
Criminal Defense for Prostitution Charges
There are two common defenses for prostitution. First, the defense can
demonstrate that sexual activity did not occur for hire. Either sexual
activity did not happen, or the sexual activity was not a paid service.
Additionally, the defense can argue that undercover law enforcement entrapped
the defendant by making a false offer to exchange sexual conduct for money.
Penalties for prostitution:
- First offense – 60 days in jail and a $500 fine
- Second offense – Up to 1 year in jail and a $1,000 fine
- Third offense (third-degree felony) – 5 years in prison and a $5,000 fine
If the crime involved an individual who is under 18 years of age, the state
will increase these charges to a second-degree felony, punishable by 15
years in prison and a $10,000 fine.
Contact a Florida Sex Crime Defense Attorney
If you're facing allegations of a sex crime, you need a skilled and
experienced legal advocate on your side. As former prosecutors, our attorneys
have more than 45 years of collective legal experience. We are available
to take your call 24/7, and our team always puts the best interests of
our clients first.
For immediate legal help,
contact Parks & Braxton, PA now.