Our Jacksonville sex crime defense attorneys understand that sex crimes are some of the most serious offenses that a person can be charged with, although the severity of individual crimes varies significantly. For instance, indecent exposure and solicitation are considered misdemeanor crimes, while sexual assault and video voyeurism are charged as felonies.
Jacksonville Child Pornography Lawyers
In Florida, the possession, distribution, manufacture, production, promotion, and transmission of child pornography is unlawful. However, before a person can be convicted of one of these offenses, prosecutors must demonstrate that the defendant was aware of the nature of the images in question and that the images actually qualify as child pornography and are not child erotica. It is also not uncommon for those who are accused of one child pornography-related offense to be charged with another, such as using a child in a sexual performance.
Solicitation Crime Lawyers in Jacksonville
Solicitation of prostitution is a misdemeanor crime in Florida, where a person can be convicted of this offense for entering into a transaction with another party where compensation is offered in exchange for sexual activity. This is true even if the other party was not actually a sex worker and did not intend to go through with the transaction, but was an undercover police officer.
These types of sting operations are not limited to actual in-person transactions, as law enforcement officials often use internet stings to investigate computer sex crimes. If communication with an undercover police officer who is posing as a minor takes place, the other party could also be charged with solicitation of a minor, which comes with more severe penalties. Although defendants cannot argue that they were unaware of the other party’s age, they are permitted to provide evidence of entrapment to avoid conviction.
Jacksonville Child Molestation Lawyers
Under Fla. Stat. 800.04, any type of sexual contact with a minor that is lewd or lascivious in nature is unlawful. This includes not only inappropriate touching but also non-physical sexual acts. Defendants who are convicted of this offense are usually required to register as sex offenders, making it especially important to raise a strong defense from the outset of legal proceedings.
Sexual Assault Lawyers in Jacksonville, Florida
Unlike sexual battery, indecent exposure, voyeurism, and child pornography-related crimes, sexual assault is not clearly defined. As a result, a wide range of sexual conduct falls under the brand charge of sexual assault, including any sexual act committed without the other party’s consent. Consent is a key element in these types of prosecutions, as defendants who can prove that their accuser actually did knowingly and voluntarily consent to sexual activity cannot be convicted of sexual assault.
Jacksonville Lewd and Lascivious Crime Attorneys
Defendants whose alleged actions do not qualify as sexual assault are often charged under the state’s lewd and lascivious crime statutes, which prohibit a wide range of conduct considered lascivious, including: lewd exhibition, conduct, battery, and molestation. While most of the state’s lewd and lascivious crime laws apply only to minors, adults can also be charged for non-consensual activity with other adults if prosecutors can demonstrate that their actions constitute lewd or lascivious behavior or acts. Even when both parties were minors, a person can be charged with this offense, although judges are permitted to take a defendant’s age into account during sentencing.
Sexual Battery Lawyers in Jacksonville
Under Fla. Stat. 794.011, sexual battery is strictly defined as the oral, anal, or vaginal penetration by a sexual organ or another object. Sexual activity that does not reach this level of severity doesn’t always qualify as sexual battery and could be charged under the lewd and lascivious statutes. When the object of the alleged battery is not a minor, defendants are permitted to provide evidence of that individual’s consent to avoid conviction.
Jacksonville Indecent Exposure / Exposure of Sexual Organ Lawyers
Indecent exposure, like solicitation and other minor sex offenses, is usually charged as a misdemeanor, unless the witness was underage. Furthermore, if there were no witnesses to the exposure, a person can only be convicted if the action occurred in a public place. Even in these cases, however, prosecutors must still demonstrate that the exhibition was done with lewd or lascivious intent to obtain a conviction.
Voyeurism Lawyers in Jacksonville
Voyeurism does not involve allegations of actual physical contact between two people but is instead limited to situations where one party is accused of secretly watching another person expose him or herself in a place where that individual could expect privacy. As with most sex offenses, intent is crucial to voyeurism prosecutions, as defendants can only be convicted if they viewed the other person in order to satisfy their own sexual desire.
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