Comprehensive Guide to Defending Against Sex Crime Allegations in Florida
Any person who commits an illegal sex act can be charged with a sex crime in the state of Florida. The extent and severity of criminal charges vary from case to case, but will normally depend upon the defendant’s prior criminal record if the defendant has committed prior sex crimes, if the alleged victim is a minor, or if the alleged victim sustained bodily harm.
What is a Sex Crime?
A sex crime is a criminal act involving illegal sexual activities. Sex crimes rank high amongst the worst types of criminal acts as they usually involve the physical violation and sexual exploitation of the victim. This is especially true in cases where a minor (person below the legal age) is the victim. Sex crimes should always be taken seriously as they are vigorously prosecuted by law enforcement.
What are Consequences of Sex Crimes?
Once a person is convicted of a domestic violence crime in South Florida, he/she can be punished with:
» Jail Time
» Fines
» Community Service
» probation
» Sex Offender Registration
» House Arrest
What are some types of Sex Crimes (with explanations)?
Due to the severity of the legal consequences involved, it is always to your benefit to speak with a qualified criminal defense attorney after you have been charged with a sex crime. The falling are some common sex crimes:
» Date Rape
While rape refers to sexual activity performed without consent, date rape is rape by someone the victim knows. It is also sometimes called “acquaintance rape” to show that it can occur in non-romantic settings as well. Date Rape drugs include Rohypnol, GHB, GBL, and Ketamine. In a date rape case, the state prosecutors must prove the following two points beyond reasonable doubt:
- The defendant committed sexual battery upon the victim in which
- The defendant penetrated or had union the victim’s anus, mouth, or vagina
- or The defendant penetrated the victim’s anus or vagina with an object.
- The victim was physically helpless to resist
If you are accused of date rape, it is in you best interest to contact a highly experienced criminal defense lawyer like Attorney Michael Jones. If you are convicted, the stakes include significant prison time and being listed on the sex offender registry.
» Statutory Rape
Statutory Rape occurs when someone has sex with someone who is under the age of consent. In this case, it is possible that both parties are willing participants but one person is incapable of providing informed consent.
In Florida, the legal age of consent is 18. Florida does have a “Romeo and Juliet” statute, however, which protects teenagers and young adults who are sexually active. In order to apply, the minor must be between 14 and 17 years of age, The adult cannot be more than 1,460 days older, approximately four years, older than the minor.
Statutory rape is considered a felony offense in most cases. There may be different degrees based on the victims age. If you are accused of statutory rape, you are facing severe and live long consequences. It is in your best interest to contact an experienced defense attorney, like Michael Jones to fight for your freedom.
» Sexual Abuse
Sexual Abuse involves the use of force, threats, intimidation, or abuse of authority, or when the victim does not or cannot consent. Any form of non-cosented sexual advance is considered suxual abuse. 98.8% of sexual abuse offenders are sentenced to prison. The severity of the punishment depends on specifics of your case, such as the age of the victim. Visit here for an easy-to-read data sheet about sexual abuse defendants.
» Sexual Assault
Sexual assault occurs when someone touches another person in a sexual manner without consent or makes another person touch them in a sexual manner without consent. Sexual assault can also be aggravated, which usually means the aggressor used a weapon or threatened harm to the victim. Penalties vary based on severity of the crime being accused. A defendant accused of sexual assault could be facing life own prison. When the victim of the offense is a child under age 16, the minimum penalty may begin at 30 years.
» Prostitution
Florida Statute § 796.07, defines prostitution as “the giving or receiving of the body for sexual activity for hire.” The exchange of money or the sexual act does not have top occur to initiate an arrest. Police only need to prove there was an offer of money or something of value. In Florida, solicitation of prostitution is classified as a misdemeanor offense, punishable by up to one year in jail and fines up to $1,000. Florida’s laws of prostitution applies to both prostitution and the prostitute’s alleged customers.
» Pandering
Pandering, also known as pimping, is the act of soliciting prostitution for another person. It could also be considered encouraging a person into prostitution through the act of cohesion, threats, or violence. Pandering offenses can include providing transportation for the engagement of prostitution, running a brothel, or recruiting people to engage in prostitution. Pandering can lead to years of prison and tens of thousands of dollars in fines, which it is why it is extremely important to hire a strong defense attorney like attorney Michael Jones if you have been accused of this offense.
Pandering obscenity occurs when a person creating, reproducing, publishing, buying, selling, advertising for sale, publicly distributing, or publicly displaying any obscene material when the person knows the nature of or the performance depicted in the material. Penalties for pandering range depending on the specifics of each case. For example, if the sex worker involved is a minor, penalties increase in severity.
» Solicitation
Solicitation is encouraging, bribing, requesting, or commanding a person to engage in criminal activity. Regarding sex crimes, both the sex worker and the person paying for sex can be charged with solicitation in addition to prostitution, as both are asking the other to commit a crime. Due to this, merely encouraging another to engage in prostitution is enough to be accused of solicitation. There are numerous strategies to fight a sexual solicitation charge in Florida. With the right attorney on your side, like attorney Michael Jones, you can have your penalties severely reduced. Strategies include misunderstood motives, insufficient evidence, procedural mistakes and illegal entrapment.
» Lewd Conduct
Lewd conduct involves a person acting lewd toward or soliciting a lewd act from a person under 16 years of age. It involves (A) any sexual contact with a child or (B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology. It may also involve touching private parts – whether yours or someone else’s – for the purpose of sexual gratification or to annoy or offend another person. Prosecutors often bring indecent exposure charges along with charges of lewd conduct in public. An adult accused of lewd conduct faces up to fifteen years in prison for a second-degree felony upon a conviction of this charge.
» Indecent Exposure
Florida Statute § 800.03 states that it’s unlawful for a person to expose or exhibit their sexual organs in public or on private premises near public view, in a vulgar or indecent manner, or to be naked in public except in places provided for that purpose. Indecent exposure in Florida is a first-degree misdemeanor. Two ways to contest indecent exposure in Florida is to challenge the evidence or contest intent, as indecent exposure charges often require proof of intent to commit an indecent act.
» Illegal Pornography
Florida pornography laws are intricate and can carry severe consequences. Types of pornography that are considered illegal in Florida include:
- Child Pornography: Simple possession of pornagraphy involving children is a felony. Creation, distribution, or intent to distribute can lead to far more serious charges.
- Transmission to Minors: Sending sexually suggestive material to anyone under 18 can be prosecuted, even without malicious intent. With the age of technology, sexting minors is a commonly accused offense.
- Revenge Porn: This involves Zheng private sexual images publicly. The non-consensual distribution of intimate images or videos is illegal, carrying both criminal and civil penalties.
What is Consent?
Consent is an important topic in many sex crime cases. Florida Statute Section 794.011 explains that consent is the “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” Consent or lack of consent will be the main piece of evidence the prosecution will try to use to convict the defendant.

The Law Office of Michael E. Jones is a South Florida criminal defense firm servicing clients throughout Broward, Miami-Dade and Palm Beach counties. Criminal defense attorney, Michael E. Jones, is devoted to helping his clients contest their sex crime charges. As a committed solo practitioner, Mr. Jones strives to give each of his clients the attention and counsel they need to be successful with their sex crime matters. He will always go the extra mile for his clients and their criminal cases.
If you have been charged with a sex crime in South Florida, call or contact the Law Office of Michael E. Jones today for your free initial consultation at (954) 764-2060.
With over 30 years of experience and thousands of successful cases under his belt, Michael Jones will be there for you throughout the entire process, fighting for you until the very end. At the Law Office of Michael E. Jones, we can answer your questions and address your individual concerns. You do not have to go through the criminal process alone.
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