What Is a Sexual Offender: The Difference Between a Sexual Offender and a Sexual Predator

Who Is a Sexual Offender Under Florida Law?

A sexual offender is an individual who has been convicted of a qualifying sexual offense in Florida or another jurisdiction, has been released from, or is currently serving parole or on probation as of or after October 1, 1997.

Sexual offenders who establish or maintain a residence (permanent, temporary, or transient) in Florida have a requirement to register or would have a requirement to register as a sexual offender in another jurisdiction. Qualifying offenses are:

False imprisonment (F.S. 787.02), where the victim is a minor, and the defendant is not the victim’s parent or guardian
Sexual misconduct that is prohibited (F.S. 393.135(2)) or (F.S. 394.4593(2))
Selling or buying of minors into sex trafficking or prostitution (former F.S. 796.035)
Kidnapping (F.S. 787.01) where the victim is a minor and the defendant is not the victim’s parent or guardian
Luring or enticing a child (F.S. 787.025(2)(c)) where the victim is a minor and the defendant is not the victim’s parent or guardian
Video voyeurism of a minor (F.S. 810.145(8))
Human trafficking (F.S. 787.06(3)(b), (d), (f), or (g) and former 787.06(h))
Sexual battery (F.S. 794.011, excluding subsection 10)
Unlawful sexual activity with certain minors (F.S. 794.05)
Procuring a person under the age of 18 for prostitution (former F.S. 796.03)
Lewd/lascivious offense committed upon or in the presence of persons less than 16 years of age (F.S. 800.04)
Lewd/lascivious offense committed upon or in the presence of an elderly person or disabled adult (F.S. 825.1025)
Sexual performance by a child (F.S. 827.071)
Prohibition of certain acts in connection with obscenity in the protection of minors (F.S. 847.0133)
Computer pornography (F.S. 847.0135, excluding subsection 6)
Transmission of child pornography by electronic device/equipment (F.S. 847.0137)
Transmission of material harmful to minors to a minor by electronic device/equipment (F.S. 847.0138)
Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct) (F.S. 847.0145)
Sexual misconduct prohibited (F.S. 916.1075(2))
Sexual misconduct prohibited (F.S. 985.701(1))
Or a violation of a similar law of another jurisdiction (i.e., federal, military, or another state or country)

Similar requirements exist for juveniles adjudicated delinquent on or after July 1, 2007, for one of the following offenses and who were 14 years of age or older at the time of the offense:

Sexual battery (F.S. 794.011, excluding subsection 10)
Lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 800.04(4)(a)2)
Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals (F.S. 800.04(5)(c)1)
Lewd/lascivious molestation, victim under 16 but more than 12, where the court finds the use of force or coercion and unclothed genitals (F.S. 800.04(5)(d))
Or a violation of a similar law of another jurisdiction (i.e., federal, military, another state)

Who Is a Sexual Predator Under Florida Law?

A sexual predator is:

A person who has been convicted of a sexually violent offense as defined in Florida Statute 775.21 (which may include offenses from another jurisdiction) AND has a written court order designating the individual a sexual predator, or
He/she is civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act AND has a written court order designating the individual as a sexual predator.

Thus, according to the criminal justice system, the main difference between a sex offender and a sex predator comes down to the nature of the crime and prior sex offenses. Sexual predators are repeat offenders or those with first-degree felony convictions, individuals that prey on minors, and those who use physical violence.

What Are the Restrictions for Sexual Offenders and Predators in Florida?

For a sex offender or predator conviction, Florida state law states that the sentence depends on the severity of the offense. However, all crimes involving sexual contact are felonies. In Florida, only prostitution and indecent exposure are misdemeanors for a first-time offense.

Further, it’s typical to wonder what a sexual offender is not allowed to do since it’s common knowledge that being on the sex offender registry comes with many restrictions in addition to the penalties.

Some restrictions include the following:

Having a driver’s license that identifies you as a sexual offender or predator
Notifying the sheriff’s office of changes to the vehicles you own and your most current address should it change
Needing to pay the cost of your supervision

Another well-known restriction is that those with a sex crime conviction against a victim 16 years or younger cannot reside within 1,000 feet of the following places:

Child care facility
Park or playground
School

Important disclaimer: these laws vary by county and are continuously changing. For example, a 2009 law in Miami-Dade County increased the distance to 2,500 feet.

Therefore, it’s always best to consult with a criminal defense attorney like Mike G to understand the penalties and restrictions for sex offenders and predators before making any life changes, even if they seem insignificant. Failure to abide by the rules will result in further penalties.

What Crimes Require You to Be on the Florida Sex Offender Registry?

If convicted of one of the following crimes, the law requires you to be on the sex offender registration list:

Child molestation
Child sexual abuse
Incest
Posting revenge porn
Rape
Sexual assault
Other sexually-motivated crimes against adults and children

As you can see, any sex crime conviction will result in your name entering the sex offender registry.

How Often Do Sexual Predators and Offenders Need to Register in Florida?

Florida Statute 943.0435 details registration requirements for those living in or visiting Florida. They are as follows:

A basic offender must re-register twice yearly, during their birth month, and six months following.
Sexual predators, juvenile sexual offenders, and some other offenders must re-register each quarter (four times a year). The registration must occur during the convicted’s birth month, then three, six, and nine months after.
For anyone with a sex crime conviction, if your contact, residence, or employment information changes, you’ll need to re-register and get a new driver’s license or ID card.

If at any time you fail to re-register as a sex offender within 48 hours of the mandatory registration time, you’ll face further consequences. This includes a third-degree felony and up to ten years in federal prison.

Who Can See the Sex Offender Registry?

Contrary to popular belief, the registry is open and available to anyone. Sex offender registries in all 50 states are available to the general public due to Megan’s Law (known in Florida as the Florida Sexual Predators Act), which gives residents the right to know about potentially dangerous predators in their neighborhoods.

Congress passed this law after the murder of Megan Kanka, a seven-year-old girl in Mercer County, New Jersey, in 1994. Her neighbor, a repeat sexual predator, lured Megan to his home using a pet dog. He lived across the street from the Kanka family at the time. Megan’s family members said they wouldn’t have let her play in the neighborhood alone if they knew a sex offender lived across the street.

The idea was to bolster public safety and give community members the information they need to do a risk assessment of their neighborhoods.

The registry provides the following information on each offender:

Basic details like name, date of birth, race, sex, and social security number
Identifying features, including height, weight, hair color, eye color, and identifying features like birthmarks or tattoos
Occupation and employer
Residential information
Vehicle information
Contact information (phone number, email address, social media profiles, or screen names)
Conviction information
Passport information
Immigration status, if applicable
Professional license information

If you want to view the registry, you can search the online database from the Department of Justice (DoJ) or make an inquiry at your local law enforcement agency. If you search online, you can view registered sex offenders in any state. If you want to identify if someone is on the registry in another state, such as New York or Illinois, you can readily search the DoJ database and find out.

How Long Does Your Name Stay on the Registry?

Most offenders’ names will remain on the registry list for the rest of their lives. Thus, someone with a sex crime conviction will likely be a registered sex offender until death.

However, in some rare cases, a sex offender can petition the court for name removal after 25 years. If it’s been more than 25 years since your conviction and the state hasn’t indicted you for any felonies since the sex crime conviction, you may be eligible to petition the court.

In this case, it’s best to speak with a sex offense lawyer to learn more about your eligibility.

Successful petitions are hard to come by. It’s difficult for the court to agree to remove one’s name even if they’ve gone through rehabilitation and are living life as a model citizen. This is especially true for those convicted of more severe sex crimes.

Get the Help You Need for Your Case

At Mike G Law, we have handled thousands of cases for clients who were charged with a sex crime, and the outcome in the State of Florida is critical regarding the designation of Predator or Offender.

The difference this designation makes long-term in a client’s life cannot be measured and will determine a client’s capability to live within a normal society. Call our office now at 813-221-4303 for your free consultation.

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