Daytona Beach Sex Crime Defense Lawyers
In Daytona Beach, Florida, the category of “sex crimes” covers a variety of different offenses ranging from voyeurism and indecent exposure to sexual assault and child molestation. Each of these offenses comes with its own set of elements that must be proved by prosecutors in order to obtain a conviction, as well as their own set of prohibited defenses.
Child Pornography Lawyers in Daytona Beach, Florida
Daytona Beach, like all other cities in the state, prohibits the possession, manufacture, production, promotion, distribution, and transmission of child pornography. In fact, these are also federal crimes, so defendants could face charges in both state and federal court if the activities in question involved crossing state lines. In most cases, using the internet to distribute child pornography is enough to satisfy this requirement. Being charged in federal court can have important repercussions, as federal crimes tend to be aggressively prosecuted and often have more severe penalties. This is especially true for those who are accused of actually manufacturing child pornography or of encouraging the sexual performance of a child in Daytona Beach.
Daytona Beach Solicitation Lawyers
Soliciting a prostitute in Daytona Beach, or entering into a transaction that involves exchanging something of value for sexual services is strictly prohibited under Fla. Stat. 796.07. This is true even if the exchange was never actually made or the other party never intended to go through with the transaction. In fact, the solicited party does not even have to be an actual prostitute for someone to be convicted of solicitation. This situation comes into play most often during sting operations when a law enforcement officer poses as a prostitute in order to make arrests. The same rule applies in cases that involve minors, where an officer poses as a child during an internet sting operation. However, in these types of cases, defendants are permitted to raise the defense of entrapment.
Solicitation of a Minor
In sex offender cases where the supposed victim is underage, you should be prepared for the prosecution to come at you with everything they have. Approaching a minor child online with sexual intent carries with it a maximum sentence of up to 15 years in state prison. Each occurrence of solicitation of a minor, however, can be charged as a completely individual count, each charge adding on possible time in prison.
Child Molestation Lawyers in Daytona Beach, Florida
Sexual abuse of a minor, or child molestation, is a serious offense in Daytona Beach, Florida. Child molestation laws in Daytona beach prohibit any type of sexual contact with a child where the defendant’s intent was lascivious in nature. This includes a prohibition not only against intercourse, but also any type of inappropriate touching of oneself or the other party. It is important for those who are wrongly accused of this offense to raise a strong defense, as defendants who are convicted could be forced to register as sex offenders.
Daytona Beach Sexual Assault Attorneys
Sexual assault in Daytona Beach, like rape and sexual abuse is prosecuted in Florida under the state’s sexual battery statute, found at Fla. Stat. 794.011. Defendants can defeat charges of sexual assault by demonstrating that their accuser gave knowing and voluntary consent to the activity, or that they are the victim of mistaken identity or improper police procedures.
Lewd or Lascivious Crime Lawyers in Daytona Beach
Offenses that do not reach the level of severity of sexual assault or sexual battery are prosecuted under the state laws that prohibit lewd and lascivious conduct, of which there are two basic types. The first involves offenses performed in front of minors, while the second refers to crimes that affect the general public, such as lewd and lascivious behavior or acts. The former are considered to be more serious offenses, as they involve minors, while the latter are interpreted broadly to encompass offenses, such as performing sexual acts in public or exhibiting one’s sexual organs. Related offenses include lewd or lascivious battery and molestation.
Sexual Battery Lawyers in Daytona Beach, Florida
Daytona Beach law does not recognize terms like rape, date rape, or statutory rape. Instead, rape and other types of sexual assaults all fall under the title of sexual battery, which is defined as penetration of the mouth, anus, or vagina with the sexual organ of another person. Prosecutors must also prove that accusers over the age of 12 years old did not consent to the act in order to obtain a conviction.
Indecent Exposure / Exposure of Sexual Organ Attorneys in Daytona Beach
In Florida, people are prohibited by law from exposing themselves in public in a lewd or lascivious manner. Doing so falls under Florida laws regarding Indecent Exposure and Exposure of Sexual Organs. If the exhibition did not take place in public then a defendant cannot be convicted unless he or she was on private property within view of others. Furthermore, the defendant must have intended to expose him or herself in a vulgar or offensive way.
Daytona Beach Voyeurism Lawyers
Viewing someone while he or she is changing or otherwise exposing him or herself is unlawful if it is done in a lewd or licentious manner and the other party was in a place where he or she could expect to have privacy. Voyeurism is generally charged as a misdemeanor, but can be enhanced if the defendant is accused of using a recording device.
Common Defenses Against Sex Crimes
Consent - Consent is defined as “the voluntary agreement to engage in the sexual activity in question.” This defense is frequently employed when it can be proved that the defendant and the alleged victim were familiar with one another before the act took place. The age of consent in Florida is 18, meaning that the consent defense will not apply if the supposed victim was under the age of 16 when the questionable act took place.
Exemptions to this rule are in place for those who are close in age. These exemptions allow minors who are 16 or 17 years old to consent to engage in sexual intercourse with a partner who is 23 years old or younger. In an effort to demonstrate that the sex was consensual, evidence in the form of sexually-charged phone calls, text messages, or emails that prove that both people have had prior sexual relations with one another may be used. There may also be witness testimony that could confirm that there had been prior sexual encounters between the two people, which may be submitted as evidence in order to prove that consent really had been given.
DNA Evidence
After a sex crime, the DNA of the perpetrator could very potentially remain on the body of the victim, their clothing, or somewhere at the crime scene. DNA can be collected from a variety of sources; for instance, human hair, sweat, saliva, and skin cells may contain DNA evidence. Once discovered, DNA evidence may be used to identify the offender and to prove certain aspects of the crime. Even though DNA is able to produce reliable evidence, it is not completely error-proof. A Daytona Beach sexual assault attorney may challenge the collection method of the genetic evidence, the way in which it was transported, the testing techniques that were used, isolation, and even the match percentage of the DNA being used for evidence.
Mistaken Identity
Mistaken identity is when the wrong person has been identified as the one who committed the offense. A case of mistaken identity can be used as a defense against a sex crime accusation. For example, it is possible that the victim was unable to see the perpetrator clearly, in which case they would be unable to properly identify them. A Florida sexual crime attorney might also provide evidence that the accused has an ironclad alibi, meaning that there is no way they could have been at the scene of the crime when the incident took place.
Punishment for Sex Crimes in Florida
Florida state law approaches any sexual violence perpetrated by one person upon another in a multitude of different ways. When you come in for your free initial consultation, our attorneys will be able to explain the exact nature of the charges that have been brought against you, what they could possibly suggest for your future, and in what way we might be prepared to defend you once we have the opportunity to further examine the details of your specific case.
Removal From the Sex Offender Registry
Any sex crime offender stays on the national sex offender registry for the rest of his or her life as mandated by law. The singular exemption to this law is if and when the offender has been granted a full pardon, or the offender has had their conviction set aside in a post-conviction hearing for any crime that meets the guidelines for labeling the individual as a sexual offender or a sexual predator for the purposes of registration.
Some sexual offenders might be permitted to have their names eliminated from the sex offenders registry, and may have their legal requirement to register as such lifted provided that the offender:
- Has been legally discharged from prison or under legal supervision for 25 consecutive years;
- Has not perpetrated any misdemeanor or any felony offense within that time frame; or
- Was ultimately found not guilty of the offenses committed as an adult.
The penalties for sexual battery/rape are generally considered alongside other factors, such as the age of the offender, the age of the victim, and whether or not any aggravating circumstances were present. It is also important to note that, in keeping with Florida laws, every single person who is convicted of sexual battery is required to be labeled as either a sexual predator or a sexual offender and will therefore be obligated to comply with all of the state’s sexual predator and sexual offender registration laws for the rest of their lives. In addition to all of this, the Adam Walsh Act mandates that any person who is convicted of sexual battery is ineligible to request their removal from state and/or federal sexual offender registration lists at any point in time because the nature of the offense was non-consensual sexual interaction.
Unfortunately, this means that if a young teenager, for instance, is found guilty of the crime of sexual battery, accusations of date rape, or rape under dubious or questionable circumstances,, they will be a labeled and registered sex offender for the rest of their life.
If you or someone that you love has been arrested and charged with rape, sexual assault, or any other type of sexual crime in Daytona Beach, Florida, the steps that you decide to take to defend yourself can decide your entire future. You should fight sex crime charges of any type with the aid and support of a skilled and experienced criminal defense attorney one who will defend your rights and stay in your corner from start to finish.
The legal team here at Musca Law is able to accommodate you with a loyal team of defense attorneys and a strategic defense to counter any sex crime charges that you may currently be facing. Contact us today for a realistic evaluation of your case in a free, no-obligation, no judgment initial consultation.
The sex crime attorneys here at Musca Law represent people who have been accused of all varieties of sexually motivated crimes, from misdemeanor solicitation or prostitution cases to felony sexual battery and child pornography cases. We understand that being accused of a sex crime does not necessarily mean that you are guilty. Our sex crimes defense attorneys have years of trial experience, an impressive amount of legal knowledge, and a clear understanding of prosecution tactics. We will fully examine your case and look for errors in statements which may indicate a consensual act or a false accusation. If you have been charged with or are under investigation for this type of crime, contact us today so that we can start mounting your defense. Call our Daytona Beach law offices today to schedule a free, confidential, no-obligation consultation with one of our qualified Florida criminal defense attorneys.