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Criminal Defense for Sexual Offenses

Sex Crime- Famous sculpture of a man holding a womanThe crimes of sexual battery (rape), lewd and lascivious battery, and other lewd and lascivious acts are considered sex crimes in Florida. The laws governing sex crimes are very strict. Florida has become one of the harshest states for sex offenders. Depending on the charge and outcome of the case, an individual convicted of a sex crime may be required to register as a sex offender. The consequences associated with registering as a sex offender may impact a person’s life tremendously. Therefore, having an appropriately aggressive attorney from NeJame Law is important. Our team of criminal defense attorneys will fully evaluate the charges against you and strive for the best possible outcome. It is vital to have an experienced attorney by your side through this stressful process.

Among the offenses considered as sexual crimes in Florida are:

Legal Definitions of Sex Crimes

  • Sexual battery: 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; however, sexual battery does not include an act done for a bona fide medical purpose.
  • Traveling to meet a minor: Is defined as any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any legal act described in chapter 794 (sexual battery), chapter 800 (lewd or lascivious), or chapter 827 (abuse of children), or to otherwise engage in other unlawful conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
    • 1. Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794 (sexual battery), chapter 800 (lewd or lascivious), or chapter 827 (abuse of children), or to otherwise engage in other unlawful conduct with a child; or
    • 2. Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794 (sexual battery), chapter 800 (lewd or lascivious), or chapter 827 (abuse of children), or to otherwise engage in other unlawful conduct.
  • Deriving off the proceeds of prostitution: It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution.
  • Revenge porn (sexual cyber-harassment) Florida Statute 784.049: It is a violation of Florida law to electronically publish a sexually explicit photo of someone without their consent if the photo identifies the non-consenting individual by name, email, date of birth, phone number, social security number, or any unique physical characteristic. It does not matter if the person publishing the photo originally obtained the sexually explicit photo legally and voluntarily from the person who does not want it broadcast. The law was originally passed in 2015 and amended in 2019 as a reaction to people posting intimate pictures of their former partners after an emotional breakup. The legislature has deemed people who allow their partner to take, or who give their partner sexually explicit photographs, have a reasonable expectation that the photograph will remain private and not shared with others. Florida makes it a first-degree misdemeanor to publish such a photo, and if one is convicted of this crime, they can be sentenced to up to one year in jail, one year of probation (combination of jail and probation cannot exceed one year), and a $1,000 fine.

Depending on the seriousness of the charge, a sex offense can be considered a misdemeanor or a felony.

Due to today's laws, a sexual offense conviction can have a serious and long-lasting impact in anyone's personal and professional life. Some sex crime trials attract media attention, making the accused publicly known and leaving a social stigma even if they are later found not guilty.

Those found guilty of a sex crime are called sex offenders and are required by federal law to register with a law enforcement agency regularly. The frequency would depend on the type of sex crime and on the age of the victim.

Sex Crimes — The Defense

The defense of a sexual offense charge is very often challenging and complicated. Sexual offenses are many times prosecuted without enough evidence. On top of this, the law's inclination toward protecting the rights of the victim may result in the exclusion of important and relevant evidence from the trial. It is also common for the suspect to be assumed guilty just because of the nature of the charges. Therefore, it is very important to seek the advice of a lawyer specialized in this area of law.

The lawyer you choose to represent you in court can make a big difference in the outcome of your case. If you or one of your loved ones was charged with a sex offense or crime, contact NeJame Law. It is critical to start your defense as soon as possible. We treat our clients with care, respect, and confidentiality, and we will do anything we can do to get the best result on their behalf.

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