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 Law and Defense 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 Crimes
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.
Child Molestation Law in Daytona Beach, Florida
Sexual abuse of a minor, or child molestation, is a serious offense in Daytona Beach, Florida. Child molestation law in Daytona beach prohibits 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 Law
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 Crimes 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 Law 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 Organs 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 Law
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.
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