Tallahassee Child Molestation Lawyers
Child Molestation Laws, Penalties, Defenses, and Attorneys in Tallahassee, Florida, FL
Depending on the circumstances of a criminal case involving child molestation, a defendant could be charged with a felony offense ranging from a third-degree felony to a life felony. Florida law refers to Child Molestation as Lewd and Lascivious Molestation. "Lewd and Lascivious Molestation" is defined as the inappropriate touching of a minor child who is under the age of 16, over there close on their intimate areas, or underneath their clothes on their intimate areas. Florida law states that "intimate areas " "mean the areas of the body such as the breasts, genital areas, or breasts. It is also considered Lewd or Lascivious Molestation when an adult either forces or entices a child under the age of 16 to touch the adults to meet areas.
Criminal charges of child molestation in Tallahassee, Florida, always have an immediate negative impact on a person's personal life, reputation, career, and much more. Tragically, many individuals are wrongly accused and prosecuted for Lewd or Lascivious Molestation of a minor child. Not only does the defendant face potential jail time, but here she has to deal with an enormous amount of negative consequences before their Criminal trial. If you or a loved one have been accused of child molestation or Lewd or Lascivious Molestation in Tallahassee, Florida, its important that you speak with a knowledgeable, experienced Tallahassee Child Molestation defense attorney as quickly as possible.
The Penalties for Lewd or Lascivious Molestation in Tallahassee, Florida FL
Individuals convicted of child molestation or loot or Lascivious Molestation in Florida face a multitude of negative difficulties and challenges for the remainder of their lives. These negative consequences impact the defendant's ability to find housing, gain employment and greatly reduces their freedoms.
Individuals who are under the age of 18 who are charged with lewd or lascivious Molestation, otherwise known as child molestation, against a minor child between the ages of 12 and 16 are facing the following penalties:
- Up to $5000 in legal fines.
- A third-degree felony on their criminal record.
- Up to five years in prison.
- Up to five years of probation.
If the accused is 18 years or older, in the minor child is between the ages of 12 and 16 years old, the accused will face punishments, such as:
- Up to $10,000 in legal fines.
- A second-degree felony on their criminal record.
- Up to fifteen years in state prison.
- Up to fifteen years of probation.
If the offender is 18 years or older and is charged with Lewd or Lascivious Molestation on a child who is under the age of 12, the defend it could receive up to life in prison.
When an individual is convicted of committing lewd or lascivious Molestation, in addition to any criminal penalties, the individual will be required to register as a sex offender on both the Florida sex offender registry and the national sex offender registry. Sex offenders Who are required to be registered with the state and federal sex offender registries suffer tremendous humiliation and find it difficult to find a job and housing.
If you or someone from your family has been charged with committing child molestation, also known as lewd or lascivious Molestation, in Tallahassee, Florida, it's vital that you speak two an attorney as quickly as possible. Call Musca Law 24/7 at (850) 900-2142 or visit our local Tallahassee office at 1114c Thomasville Rd, Tallahassee, FL 32303 to speak with one of our top Tallahassee child molestation defense attorneys for free.
The Types of Child Molestation Criminal Offenses in Tallahassee, Florida
According to Florida's criminal code, there are several different types of Child molestation criminal charges, including:
Lascivious Acts: An individual is charged with "lascivious acts" when he or she is caught engaging in sexual acts in public or in the presence of a child. Sex crimes that involve children are serious and proceed aggressively by State's attorneys. It's typical for state prosecutors and law enforcement agents to stick to maximum prison sentences and other punishments, even when no solid evidence against the accused it's been discovered.
According to Florida'sFlorida's Criminal Statutes, The following actions listed below are deemed lascivious ask punishable with the state prison sentences:
- Indecent exposure;
- Soliciting a child to touch genitals;
- Touching of the genitals;
- Soliciting a child to touch the buttocks, breasts, or genitals;
- Rubbing of genitals through clothing; and
- Performing a sexual act in front of a child.
Any individual who has been charged with loot or lascivious Molestation is facing significant Penalties and Punishments. If the "alleged " "offender is 18 years old or older, he or she may receive between two and 15 years in state prison. This event is a second-degree felony in the State of Florida. If the defendant is under the age of 18 years and who commits lewd or lascivious Molestation may be charged with a third-degree felony, which is punishable with a prison sentence of between two and five years.
Lewd and Lascivious Behavior: the visuals were caught engaging in lewd or lascivious behavior could be charged with a second-degree misdemeanor. Should the defendant be found guilty, he or she could spend between five and 60 days in jail.
According to Florida law, the charge of lewd or lascivious battery is the use of force to engage in sexual acts with a minor child who is between the ages of 12 and 16 years of age. Even if a child consents to the sexual act, the defendant still has committed a crime. Because of Florida's state, children under the age of 16 cannot give consent to sexual acts. Depending on the charges of this crime, will face a third-degree felony charge, which is punished with the 10 to a 16-year prison term, fines of up to $5,000, and mandatory sex offender registration on the national database well as the Florida sex offender registration site.
Lewd or Lascivious Conduct: according to Florida law, lewd or lascivious conduct is defined as the intentional and inappropriate touching of a man a child who is under the age of 16 or the intentional forcing of a child who is under the age of 16 to touch another person in a lewd or lascivious way. Defendants who are 18 years or older will face a second-degree felony criminal charge, which is punishable with two years to fifteen years in state prison.
Lewd or Lascivious Exhibition: an individual could be charged with lewd or lascivious exhibition if he or she performed a sexual act in front of a minor child who is also under the age of 16. When this crime is committed, there is no sort of physical or sexual contact with the minor child. Instead, the crime involves exposing a child's mind to sexual activity. If the defendant is under the age of 18 years of age, here she could face a third-degree felony punishable with between two and five years in prison. Defendants Who are 18 years of age or older will likely face a second-degree felony charge that is punishable between two and 15 years in state prison.
Lewd or Lascivious Molestation: according to Florida criminal code, an individual may be convicted of loot or lascivious Molestation when the perpetrator touches under the clothing or over the clothing of a minor child who is under the age of 16. These acts include touching a minor child on their private parts or enticing or forcing a child under the age of 16 to touch the perpetrator in a leader lascivious manner. Defendants who were under the age of 18 and are found guilty of this crime against a child between the ages of 12 and 16 years of age will face up to five years in prison and up to $5000 in legal fines, and a felony in the third degree on their criminal record. If the defendant is over the age of 18 and the minor is under the age of 12 years old, the defendant will face up to life in prison and a felony charge on the record for life.
What is the difference between sexual battery and lewd or lascivious battery?
It is essential to understand the difference between sexual battery and lewd or lascivious battery. Individuals could be charged with a sexual battery criminal offense against someone of any age. In comparison, individuals may only be charged with lewd or lascivious battery when the victim is between the ages of 12 and 16. Moreover, sexual battery prohibits forceful sex with anyone at any age, but lewd or lascivious battery specifically addresses any type of sexual content between an adult and a child ring regardless of the minor gave consent.
The Common Defenses Used in Lewd and Lascivious Molestation in Tallahassee, Florida
Those who were accused of a crime have various legal defenses available to them two I have their criminal charges reduced or dismissed. A few examples of potential defenses that might be used during a lewd and lascivious Molestation Criminal Trial include:
The Romeo and Juliet exception: the only situation in which sex offender registration is required upon conviction is cases involving the Romeo and Juliet exception in Florida. The Romeo and Juliet law in Florida allows defendants who meet specific requirements for eligibility to petition the court to exclude the defendant from the sex offender registry in the state of Florida.
Mitigating circumstances: some cases, especially cases in which the defendant is facing a second or third-degree felony, the court might be able to deviate from the minimum sentence requirements. The situation to require adequate evidence of the following:
- The defendant needs specialized treatment for a mental disorder;
- The defendant will be sentenced as a youth offender; or
- The child was the aggressor, provoke the incident, or initiated the acts.
In addition to these pre-trial and trial defenses, defendants could also argue that the accusations lack a lewd intent or are false.
Inarguable Defenses in Lewd and Lascivious Criminal Trials in Tallahassee, Florida
Under Florida law, there are some defenses that may not be argued in any case involving Lewd or Lascivious Molestation. These defenses include:
Consent: the defendant cannot argue against criminal charges that are based on the consent of a child since children are not legally able to consent to sexual acts.
Ignorance of the child's age: a defense involving the lack of knowledge of the child's age or that the child lied about their age May not be used as a legal defense and elude or lascivious Molestation case. This is because even minors could be charged with Lewd or Lascivious Molestation. So age is not an excuse or a legal defense that may be used in Florida.
Free Consultation with Our Tallahassee lewd and lascivious defense attorneys
Anyone convicted of a lewd and lascivious Molestation charge in Florida will be defacing extensive prison time. If you were loved ones, have been charged with lewd or lascivious Molestation, it's important to speak with one of our Tallahassee lascivious criminal defense attorneys. We offer free initial consultation when you call our firm at 850-900-2142 or stop by our local law office located at 1114C Thomasville Road, Tallahassee, FL 32303.
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Address: 1114c Thomasville Rd, Tallahassee, FL 32303
Hours: Open now: Open 24 hours
Telephone: (850) 900-2142
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