In Clearwater, Florida, a variety of offenses fall within the purview of the broad term “Clearwater sex crimes.” There are, however, significant differences between the elements that must be proved for each offense, so it is important for those who have been accused of committing a sex crime to have a solid understanding of the state’s sex offense laws.
Child Pornography Lawyers in Clearwater
Although possession of pornography in Clearwater is probably one of the most commonly charged child pornography-related offenses, a number of different types of conduct are actually unlawful in Florida, including distributing, manufacturing, producing, and transmitting child pornography. It is also not uncommon for a person who is charged with one child pornography offense to be charged with another. For example, even showing someone else an image that satisfies the definition of child pornography can also be considered promotion. In fact, those with three or more copies of the same image in their possession can expect to be charged not only with possession, but also with promotion, production, or even promoting the sexual performance of a child.
Clearwater Solicitation Crime Attorneys
Under Fla. Stat. 796.07, inducing, enticing, bribing, requesting, or procuring a person to engage in sexual activity in exchange for compensation is considered solicitation of a prostitute in Clearwater and is unlawful. As long as a person made an offer to exchange money for sex, he or she can be charged with solicitation, even if the other party was not actually a prostitute but was involved in a sting operation. Solicitation is usually charged as a misdemeanor, but can be upgraded if the person being solicited was a minor. These allegations are usually part of an internet sting operation, in which a police officer poses as a minor for the purposes of curtailing computer sex crime. For this reason, some defendants are able to successfully raise the defense of entrapment, which occurs when an undercover officer entices a person to commit a crime that he or she would not normally have committed.
Child Molestation Lawyers in Clearwater, Florida
The sexual abuse, or molestation of a minor in Clearwater is prohibited under Fla. Stat. 800.04, which makes it unlawful to perform a lewd act in the presence of a child or upon a child’s body if the act was performed to gratify sexual desire. Sexual activity that involves intercourse automatically satisfies the definition of a lewd act. However, intentionally touching a minor in an inappropriate way can also be charged under this statute. Child molestation is a strict liability crime, which means that defendants cannot bring up the other party’s age during their defense.
Clearwater Sexual Assault Lawyers
A person can be charged with sexual assault in Clearwater if he or she is accused of non-consensual sexual touching, rape, sexual battery, or groping. Defendants are not permitted to reference the other party’s promiscuity or age during trial, although they can attempt to prove that the accuser consented to the act. Many defendants who are accused of date rape are charged under this statute, which means that they cannot argue that the accuser consented even if the individual didn’t offer physical or verbal resistance, as consent is only valid if it is given knowingly and voluntarily.
Lewd and Lascivious Crime Attorneys in Clearwater
In Clearwater, Florida, those who inappropriately touch, expose themselves to, or have sexual contact with minors can be charged with committing a lewd or lascivious crime. These offenses fall under a few different categories, including: exhibition, conduct, battery, and molestation, all of which prohibit any type of sexual contact with a minor, including exposure, touching, and solicitation. While these offenses apply specifically to minors, adults can also be charged with lewd behavior or acts under Fla. Stat. 798.02 and Fla. Stat. 800.02.
Sexual Battery Lawyers in Clearwater, Florida
Rape and sexual assault in Clearwater fall under Florida’s sexual battery law, which can be found at Fla. Stat. 794.011. Unlike other sex offenses, sexual battery requires actual intercourse. Furthermore, defendants are prohibited from discussing an accuser’s reputation for promiscuity during trial, but are allowed to argue that they were falsely accused or that the other party consented to the sexual conduct. The only exception to the latter is when the accuser was incapacitated, drugged, or suffering from a mental defect.
Indecent Exposure / Exposure of Sexual Organ Lawyers in Clearwater
Those who intentionally expose themselves in a vulgar manner with the intent of causing offense can be charged with indecent exposure in Clearwater. While prosecutors are generally required to prove that someone else witnessed the exposure in order to convict a defendant, this is not required when the act occurred in a public place. If a location does not qualify as public property, a defendant can only be convicted if he or she was on someone else’s private property or was within view of others.
Clearwater Voyeurism Lawyers
Clearwater and Florida law specifically prohibit voyeurism, which is described as secretly observing someone else with lewd or lascivious intent, while the person is in a public or private dwelling where he or she has an expectation of privacy. Proving intent is a key aspect of these types of prosecutions, as those who did not view someone purposefully or with vulgar intent cannot be convicted.
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