Fort Lauderdale Sex Crime DefenseFort Lauderdale sex crime defense attorneys from us here at Musca Law are always standing by to represent you and your interests in a court of law. Of all the different types of criminal offenses in Florida, sex crimes are perhaps the most aggressively investigated and prosecuted, so defendants who have been accused of these kinds of crimes are encouraged to gain a good understanding of the elements of their offense and available defenses before trial.
Fort Lauderdale Child Pornography LawyersSome of the most commonly charged sex offenses involve allegations of the possession, manufacture, or distribution of child pornography, which is defined under Fla. Stat. 847.001(3) as any image depicting a minor engaged in sexual conduct. These types of images are distinguishable from child erotica, which are defined as photographs that contain depictions of nude or partially nude minors who are posed in a manner that doesn’t qualify as sexual conduct. The possession of child erotica is not unlawful, so it is critical for those who have been charged with this offense to have a clear understanding of the state’s child pornography-related definitions.
Before being convicted of possessing child pornography, prosecutors must not only prove that the images qualify as child pornography, but that the defendant viewed more than one image and also saved the images to a cache file or knew that they would automatically be saved. If this burden is met, a defendant faces third-degree felony penalties for every image recovered from his or her possession. This means that a person could end up being sentenced to 25 years in prison for the possession of five photos, as the maximum sentence per charge is five years imprisonment.
It is also not uncommon for those who have been charged with possessing child pornography to face charges of transmitting, distributing, or manufacturing pornographic images, all of which are third-degree felonies. Sharing images or videos with someone else, on the other hand, is considered a second-degree felony while promoting or producing child pornography is a first-degree felony. Defendants accused of this offense should also be wary of federal charges of possessing child pornography, which can be levied if the images moved across state lines or were created using materials or equipment that were transported across state lines. This includes images sent electronically via email or website.
Proving that a computer virus caused the images to be downloaded onto a computer, or that a computer was accessed by multiple people could help an accused escape conviction, as could providing proof that he or she did not know what the images contained.
Solicitation Attorneys in Fort LauderdaleFort Lauderdale, Florida, like other cities and states, criminalizes prostitution, which means that both sex workers and those who solicit them can be charged in court under Fla. Stat. 796.07. Although soliciting a prostitute is usually a misdemeanor charge for first-time offenders, the charge can be enhanced if the person being solicited was a minor, or if the other party thought that he or she was a minor. This is an especially common scenario when law enforcement officers are involved in an internet sting operation. It is important to note that defendants are not permitted to argue that they were unaware of the other party’s age, although it is possible to avoid conviction by raising the defense of entrapment.
Fort Lauderdale Child Molestation LawyersAny sexual contact with minors is forbidden. In fact, a person can be charged with child molestation even if no physical contact actually took place. This is because Florida’s child molestation laws prohibit not only intercourse but also sexual touching of oneself or the other party, as well as masturbation in the presence of a minor. Like all sex crimes involving children, defendants are not permitted to argue that the other party consented to the activity, although they can raise arguments about how evidence was collected and whether their Fourth Amendment rights were violated.
Sexual Assault and Battery Lawyers in Fort LauderdaleWhile Florida’s child molestation and lewd and lascivious crime laws apply specifically to children, the state’s sexual battery law addresses situations where a person is accused of committing a sexual crime against either a child or an adult. Unlike other crimes where a defendant cannot raise the defense of consent, those who are accused of sexual assault can avoid conviction by proving that the accuser actually gave voluntary and knowing consent to the sexual activity in question. Both sexual battery and sexual assault fall under the same broad statute found at Fla. Stat. 794.011, which prohibits non-consensual oral, vaginal, or anal penetration with the use of a sexual organ or other object. How this offense is charged depends on a number of factors, including:
- The age of the alleged victim;
- Whether or not the victim suffered from a mental defect;
- Whether the victim was drugged;
- Whether the defendant threatened to use force or violence against the victim or a third party;
- Whether the victim was physically helpless;
- Whether a weapon or force was used during the offense; and
- Whether the offender was a police officer or someone else in a position of authority.
- Caused a serious personal injury to the victim;
- Used or threatened to use a deadly weapon during the commission of the offense;
- Committed the offense against more than one person; or
- Had previously been convicted of a sex crime or a felony.