Jacksonville Sex Crime Defense LawyersOur 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 vary significantly. For instance, indecent exposure and solicitation are considered misdemeanor crimes, while sexual assault and video voyeurism are charged as felonies.
Jacksonville Child Pornography LawyersIn 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 JacksonvilleSolicitation of prostitution is a misdemeanor crime in Florida, in which 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 LawyersUnder 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, FloridaUnlike 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 broad 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 AttorneysDefendants 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 are 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 JacksonvilleUnder 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 victim of the alleged battery is not a minor, defendants are permitted to provide evidence of the other individual’s consent in order to avoid conviction.
Jacksonville Indecent Exposure / Exposure of Sexual Organ LawyersIndecent 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.
Internet Sex Crimes
Twenty years ago, there was no such thing as internet sex crimes. It is now, however, a rapidly expanding area of crime, one that is continually evolving. If you find yourself up against a charge that includes an internet sex crime, then you will want to hire an attorney who is current on Florida state laws and federal internet sex crime laws as well. The sex crimes attorneys here at Musca Law firm have previously represented other clients who found themselves facing charges dealing with internet sex crimes ever since this area of the law was developed.
Musca Law firm has a well-organized internet sex crimes defense legal team that assists clients all through the Jacksonville, Florida area. We manage a wide array of criminal defense issues that cover drug charges, sex crimes, domestic violence issues, drunk driving charges and more.
Entrapment Defense and Internet Sex Crimes
Our internet sex crimes attorneys make a point of keeping current with the relevant laws and the expanding collection of laws on issues such as entrapment, as well as the defenses used against entrapment. They grasp the nuanced variations on how evidence can be presented, evidence such as text messages, instant messages, pictures, webcam images, and pictures. Our criminal defense attorneys are also well aware of the various ways in which social media is able to play a role in your case and what the appropriate defenses are to legal concerns like entrapment.
During the time we have been in practice, our legal team has had notable achievements in assisting people who have been charged with crimes such as lewd and lascivious conduct, the possession of child pornography, the prostitution of a minor child, and more.
Production of Child Pornography
There are laws in the state of Florida that make the creation and advertisement of any representation which the state considers to be child pornography highly unlawful. Any person who deliberately creates, manages, or advertises any material or action which involves any form of sexual behavior by a minor child who is less than 18 years of age will find themselves looking at second-degree felony charges. In Florida, second-degree felonies are penalized by as long as 15 years in state prison, 15 years of supervised probation, and as much as a $10,000 fine levied against them.
It is also unlawful to even be found in possession of any material that portrays any sexual action or behavior by a child with the express intention of selling it. Being in possession of three or more copies of this type of pornographic material will open the doors for the federal government of the United States to make the argument that the pornographic material in question was owned by you with the intention of selling or otherwise distributing it. This criminal act is also a second-degree felony, and as such can be penalized with as long as 15 years in state prison, 15 years of supervised probation, and as much as a $10,000 fine levied against you.
United States federal law allows for even longer prison sentences in cases of the publicity or advertising of any form of child pornography. Any person who ends up being convicted of their first offense of providing publicity or advertising for pornographic images or movies featuring or including underage children will face a compulsory minimum incarceration in state prison of as little as 5 years and, depending on the circumstances surrounding the case, could face incarceration for as long as 20 years. A second conviction of the distribution of child pornography requires a minimum of 15 years in state prison, with the possibility of a sentence of as long as 40 years.
If you or someone you know is facing a criminal charge of producing child pornography or distributing child pornography, then it is imperative that you speak with an experienced child sex crimes attorney. Our attorneys from the Musca Law offices in Jacksonville, Florida are very experienced in defending our clients against the especially heinous allegations of producing or distributing any child pornography. Please give our offices a call so that we can schedule your confidential, no-obligation consultation today. This is no time to wait.
Being convicted of a sexually motivated crime can have a lifelong domino effect of negative consequences. Registration as a sex offender or as a sexual predator, depending on your crime, is mandatory in the state of Florida, as well as every other state in America. In the majority of communities throughout the United States, a registered sex offender is not allowed to reside in any neighborhood that is near a school, a park, or a playground. Even just being accused of a sexually motivated crime could easily destroy a person’s hard-earned status within the community. These accusations are also very likely to lead to job loss, and even destroy your family connections. The consequences of a sex crime charge are practically limitless. It will adversely affect your life in ways that you cannot even fathom until it actually happens to you. Even a person who is completely innocent can suffer from the negative blowback from these types of damaging allegations.
Anyone who finds themselves the target of a sex crime investigation will need a skilled criminal defense attorney in Jacksonville with plenty of experience in defending clients against sex crimes. Any contact that is established by law enforcement or by the Florida Department of Children and Family Services should be supervised by that same competent legal counsel. Law enforcement may conduct their own inquiry without ever informing the subject of their investigation. In other words, you could be investigated for sex crimes without even knowing about it. If the allegations are stated by a minor, then those allegations will be confidential and the person against whom the allegations are made will not even be cognizant of the investigation surrounding him/her. It is critical that you seek adequate legal representation as quickly as possible, if you suspect being under investigation or already have charges levied against you.
Misinterpretations of something that a child said can sometimes lead to false allegations of sexual molestation against an adult. Unfortunately, accusations regarding sex crimes are also all too often the outcome of personal hostility or a vendetta between two people. A common example of this is cases of non-amicable divorce where the estranged parent is desperately looking for a way to hang onto their child. The personal conflict between the two parents can, sadly, often result in accusations of sexual molestation against one of them. In cases such as this, the Florida Department of Children and Families is compelled by law to look into any and all allegations of sexual assault and communicate their findings to their superiors and to law enforcement as well. In some unfortunate cases, the investigation could be carried out by a lazy and/or prejudiced investigator who has the power to make his examinations last for weeks or sometimes months before any formal result is given, leaving you and your future in a state of limbo. These accusations could even be built on the careless words of a young and susceptible child who is simply doing what the hostile parent has instructed them or coerced them into doing. Having a qualified and seasoned criminal defense attorney in your corner during this difficult and frightening time will make a world of difference in the outcome of your case and in the rest of your life.