Sex crimes are some of the most serious offenses under Florida law, carrying the most severe penalties and long-lasting consequences. Whether you’re facing charges or seeking to understand Florida’s sex crime laws for a loved one, this comprehensive guide will provide you with detailed information about sex crime penalties in Florida, the laws governing these offenses, and what you can expect as an offender.
Florida Sex Crime Laws
Florida categorizes sex crimes under various statutes, each defining specific unlawful sexual acts and their corresponding penalties. The most common charges include sexual battery, lewd and lascivious behavior, sexual misconduct, and child exploitation offenses.
Sexual Battery:
Under Florida Statute §794.011, sexual battery, commonly known as rape, is defined as:
“Non-consensual 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.”
Furthermore, “consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent shall not be deemed or construed to mean the alleged victim’s failure to offer physical resistance to the offender.
Consent is the tricky part. There have been cases where the “victim” said they wanted to have sexual intercourse and then later claimed they did not, then said they did, then did not.
Lewd and Lascivious Behavior
This involves unlawful sexual acts committed against minors. According to Florida Statute §800.04, lewd and lascivious behavior crimes are divided into several categories:
- Lewd and Lascivious Battery (sexual activity with a child under 16 or forcing a child under 16 into prostitution)
- Lewd and Lascivious Molestation (inappropriate touching of a child under 16 on their genitals, breasts, or buttocks or over the clothing covering such areas)
- Lewd and Lascivious Conduct (inappropriate touching of a sexual nature of a child under 16)
- Lewd and Lascivious Exhibition (masturbating in front of someone under 16 or other exposure in front of a child under 16 years of age)
These crimes vary in severity, though they are all felonies (check out our Florida Sex Crimes: Lewd and Lascivious page for more detailed info).
Sexual Misconduct
This term generally applies to illegal sexual acts committed by individuals in positions of authority, such as teachers, coaches, or caregivers, against those under their care. Teachers accused of sexual assault and caregivers facing elder abuse allegations are subject to severe legal consequences.
Child Exploitation
Offenses like child pornography, human trafficking, and solicitation of a minor fall under this category, with stringent laws and penalties aimed at protecting minors from exploitation and abuse.
While possession of child pornography has been a crime for many years, it is now a much larger target of criminal investigations because of the advent of computers and electronic files. Technology has made the sexual exploitation of children much more accessible, so the government has strengthened its interest in pursuing those who commit these criminal offenses. It is even a crime to simply view child pornography. Having a file on your computer or phone or sharing such an image constitutes a serious sex crime in Florida.
In addition to laws regarding child pornography, traveling to meet a minor to engage in sexually explicit conduct, like sexual intercourse or to produce pornography, is a felony.
Penalties for Sex Crimes in Florida
Florida imposes harsh penalties for sex crimes, reflecting the severity and impact of these offenses on victims and society. Penalties for convicted sex offenders vary based on the nature of the crime, the age of the victim, and whether the accused has prior convictions.
Florida law does not offer leniency for first-time sex offenders due to the gravity of sex crimes. However, the specific sentence will depend on various factors, including the details of the sex offense itself, the age of the victim, and the presence of any aggravating circumstances.
Sexual Battery Penalties
The penalties for sexual battery are severe, especially when the victim is under 12 years old or if the offender uses physical force. Adults committing sexual battery against minors face capital or life felonies, with sentences ranging from life imprisonment to the death penalty. For sexual battery on a person aged 12 or older, the crime is typically charged as a first-degree felony, punishable by up to 30 years in prison. If the victim unwillingly suffered great bodily harm for the purpose of sexual arousal, the state prison sentence can be longer than any other based on sexual assault laws of the criminal justice system.
This chart gives a general guideline for the maximum sentences for particular situations. The actual sentence depends on the sentencing guideline scoresheet, which will include additional enhancements for sexual penetration, sexual contact, and serious personal injury only, as well as for a prior record.
| Facts of the Case | Degree of Felony Crime | Maximum Sentence |
|---|---|---|
| The victim was age 18 years old or older with no aggravating factors | Second Degree | 15 years in state prison |
| Sexual Battery with aggravated factors | First Degree | 30 years in state prison |
| Sexual Battery with a deadly weapon on a child 12 years old or older | Life Felony | Life imprisonment |
| Sexual Battery on a child 12 to 17 years old | First Degree | 30 years in state prison |
| Sexual Battery on a child under 12 | Life Felony | Life in state prison with no chance of early release |
Lewd and Lascivious Behavior
The penalties for lewd and lascivious behavior depend on the age of the victim and the specific nature of the act. Statute 800.04 discusses the various penalties for lewd and lascivious charges.
The following crimes are usually second-degree felonies (with some exceptions):
- Lewd or lascivious battery
- Lewd or lascivious conduct by an adult (over 18 years old)
- Lewd or lascivious exhibition
- Lewd or lascivious molestation
The penalties for a second-degree felony are as follows:
- A maximum fine of $10,000
- Up to 15 years in prison
- 15 years of sex offender probation
- Sex offender registration
It’s important to note that those accused of lewd and lascivious battery could argue for a first-degree felony instead if the defendant is over 18 and engaged in one of the following activities:
- Committed sexual battery upon the victim
- Created child pornography with the victim
- Kidnapped or wrongfully imprisoned the victim
The penalties for a first-degree felony are similar to those of a second-degree felony, but the prison sentence is up to 30 years.
Additionally, the State can try lewd or lascivious molestation as a life felony if the defendant is over 18 years old and they molest a minor under 12 years old. A life felony means the prison sentence is for the rest of one’s natural life.
Lewd and lascivious conduct by a minor (a person younger than 18) on another minor ages 12-16 is a third-degree felony. The punishment is a prison sentence of up to five years and a maximum fine of $5,000.
Those convicted of lewd and lascivious offenses must also enter their information on the sex offender registry. Sex offender registry is for life. Only after 25 years from the date probation ended can you petition the State to remove your name. To be successful, you must not have any additional convictions.
Sexual Misconduct
Convictions for sexual misconduct by authority figures typically result in second or third-degree felony charges, with penalties including imprisonment, fines, and mandatory registration as a sex offender.
For example, Title IX is a federal civil rights law originally intended to protect students from discrimination based on sex. Over the years, however, Title IX has expanded its definition of sex-based discrimination. It now designates sexual misconduct as a form of discrimination.
A guilty sentence under Title IX can come with lasting consequences. They may include:
- Suspension or academic probation
- Expulsion from school or extracurricular organizations (clubs, frats, etc.)
- Being denied admission to colleges
- Denial or loss of housing on campus
- Denial of student loans
- Being hit with criminal charges, jail time, fines, probation, and more
Child Exploitation
Crimes involving child pornography, human trafficking, and solicitation of minors are met with harsh legal penalties. Possession or distribution of child pornography can result in lengthy prison sentences, hefty fines, and lifelong sex offender registration.
Human and Sex Trafficking
Law enforcement, lawmakers, and prosecutors consider human trafficking a form of slave trade, leading to severe penalties. All human trafficking crimes are felonies.
Felony Classifications:
- All human trafficking crimes are felonies.
- Human smuggling, now classified as a third-degree felony, is punishable by:
- Up to five years in prison.
- A fine of up to $5,000.
Severity of Offenses:
- Most human trafficking offenses are first-degree felonies.
- If the crime involves sex trafficking of:
- A minor under 18.
- A mentally incapacitated person.
Consequences & Penalties for Online Solicitation of a Minor
Laws against internet solicitation in Florida make it clear that there is no such thing as a minor charge when it comes to online solicitation of a child. In fact, a defendant facing a solicitation charge will face a felony offense similar to sexual battery.
It is a third-degree felony to use a computer or electronic device to solicit a minor to engage in sexual behavior. This includes soliciting a parent or guardian of a minor to allow the child to engage in sexual conduct.
Traveling to meet a minor after soliciting them through a computer or electronic device is a second-degree felony. The law does not differentiate between inter- or intra-state travel. It also doesn’t make distinctions for distance traveled or mode of transport used. Thus, any travel to meet with a minor will result in a second-degree felony charge.
F.S. 847.0135 further discusses the penalties for these online solicitation crimes.
Fines
- Third-degree felony conviction: a maximum fine of $5,000
- Second-degree felony conviction: a maximum fine of $10,000
Prison Time
- Third-degree felony conviction: prison sentence of up to five years
- Second-degree felony conviction: prison sentence of up to 15 years plus another 15 years of probation
It’s important to note that if one uses various devices or services to solicit a minor, each one will count as a separate offense. For instance, using a phone and computer to solicit a child will be two counts of solicitation, equating to up to ten years in prison.
Child Pornography Crime Penalties
Chapter 847 (Obscenity) under Title XLVI further details severe criminal penalties as related to the different child pornography convictions. Here are a few relevant statutes and their provisions:
- 847.002 – Child pornography prosecutions: This statute outlines the legal procedures and penalties for prosecuting child pornography cases.
- 847.011 – Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty: This statute addresses the prohibition of acts related to obscene and lewd materials, including child pornography, and specifies penalties.
- 847.012 – Harmful Materials; Sale or Distribution to Minors or Using Minors in Production Prohibited; Penalty: Sale, distribution, or use of minors in production: Second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine.
- 847.0133 – Protection of Minors; Prohibition of Certain Acts in Connection with Obscenity; Penalty: First offense: Third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. Subsequent offenses: Second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine.
- 847.0135 – Computer Pornography; Prohibited Computer Usage; Traveling to Meet Minor; Penalties: Use of computer for child pornography or solicitation: Second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine. Traveling to meet a minor: Second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine.
- 847.0137 – Transmission of Pornography by Electronic Device or Equipment Prohibited; Penalties: First offense: Third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. Subsequent offenses: Second-degree felony, punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine.
- 847.0145 – Selling or Buying of Minors; Penalties: First offense: First-degree felony, punishable by up to 30 years in prison, 30 years probation, and a $10,000 fine. Subsequent offenses: Life felony, punishable by up to life imprisonment.
How Can an Experienced Criminal Defense Attorney Like Mike G Law Help?
Facing sex crime charges in Florida can be overwhelming and frightening, but it is crucial to understand that defenses are available. Legal counsel can play a pivotal role in navigating these complex “forcible” sex crimes cases, protecting your rights, and achieving the best possible outcome.
At Mike G Law, we provide an attorney-client relationship to represent many people who have been charged with felony sex crimes due to the change of a person’s consent or the slightest form of confusion regarding the intimate parts of the other person’s consent. By the time many clients call us, terrified that they are going to jail for sexual battery, it may be too late to stop an arrest.
However, it’s not too late to bring those charges to a halt. What will we do at Mike G Law?
- We will immediately contact law enforcement and inform them they cannot speak to our client.
- We will oppose any attempt on their part to obtain evidence.
- We will interview witnesses and create affidavits to memorialize their statements.
- We will retain investigators and other experts to establish that our client is 100% innocent of all charges. We are experts at getting to the truth. We will leave no stone unturned when it comes to proving the improper motives of an accuser.
Common Defenses:
Given the severe penalties and lifelong consequences associated with sex crime convictions, securing experienced legal representation is vital. Mike G can evaluate your case, develop a robust defense strategy, and advocate for your rights throughout the legal process.
- Consent: Demonstrating that the alleged victim consented to the sexual activity can be a valid defense in some instances.
- False Allegations: Accusations stemming from malice, revenge, or misunderstandings can be challenged with evidence disproving the claims.
- Insufficient Evidence: Highlighting gaps or inconsistencies in the prosecution’s evidence can weaken their case.
- Mistaken Identity: Providing alibis or evidence proving you were not present at the scene of the alleged crime can be an effective defense.
Call Mike G Law For Your Sex Crimes Case
If you or someone you know is facing sex crime charges, do not navigate this challenging time alone. The penalties for sex crimes in Florida are severe, with long-term consequences that can impact every aspect of your life. If you are a first-time sex offender, it is essential to recognize that the state does not offer much leniency, and the stakes are incredibly high.
Mike G Law offers a free consultation to anyone who faces sex crimes allegations. Don’t roll the dice on your life; contact a former prosecutor with over 25 years of experience as a criminal defense attorney like Mike G today.