Like all other cities, Naples, Florida, criminalizes certain types of conduct, including drug possession, traffic violations, violent acts, and sex offenses. While all of these offenses are punishable by jail time and fines, sex crimes are considered especially serious. For instance, in addition to penalties like prison sentences, defendants who are convicted of certain types of sex crimes could end up being forced to register as sex offenders.
Child Pornography in Naples
In Florida, possessing, distributing, manufacturing, producing, and transmitting child pornography, which is defined as any image depicting a minor engaged in sexual conduct, is unlawful. To be convicted of this offense, prosecutors must provide proof of intent, which is required to demonstrate that a person actually knew that he or she was involved in the use of a child in a sexual performance or in the production, promotion, or distribution of child pornography.
Naples Solicitation Crimes
Another commonly charged sex offense in Florida is solicitation, of which there are two main types: solicitation of a prostitute and solicitation of a minor. Under Florida Statute 796.07, solicitation of a prostitute, which involves inducing, requesting, or soliciting someone to engage in prostitution, lewdness, or assignation is charged as a first-degree misdemeanor. Fortunately, there is a wide range of defenses available to defendants who have been accused of soliciting a prostitute, although the most common is entrapment. This defense is most often raised in situations where a defendant was arrested after allegedly soliciting an undercover officer who was posing as a prostitute as part of a sting operation. As long as a defendant can prove that he or she was convinced to commit a crime that he or she wouldn’t ordinarily have committed, the defendant could avoid conviction. This defense is also available in situations where the person solicited was a minor or the charge involves a computer sex crime.
Child Molestation Crimes in Naples
In Florida, the crime of child molestation falls under Fla. Stat. 800.04, which prohibits the sexual abuse of a minor. This offense occurs when a person performs a lewd act in front of or upon the body of a minor if it is done with the purpose of gratifying sexual desire. Generally, conduct will automatically be considered lewd or lascivious if it involves:
Sexual activity with a minor between the ages of 12 and 16 years old; or
Forcing a child to engage in sexual activity.
It is important to note that conduct will only qualify as sexual activity if it involves vaginal, oral, or anal penetration by a sexual organ or another object. However, a person can be convicted of molestation even if penetration did not occur, as touching a minor’s private parts also qualifies as molestation.
Naples Sexual Assault
Florida doesn’t have a specific definition for sexual assault, so those who are accused of this offense are prosecuted under the state’s sexual battery law, which prohibits non-consensual intercourse, sexual abuse, groping, and unwanted touching. To obtain a conviction, prosecutors must prove that a victim did not consent to the act, although they are not required to demonstrate overt resistance or protest. However, when a victim is under the age of 12 years old, prosecutors are not required to prove a lack of consent at all.
In fact, Florida law also prohibits all unnatural and lascivious acts, as well as open and gross lewdness and lascivious behavior. These statutes are wide-ranging, applying to sexual activity with both minors and adults. As long as conduct qualifies as lustful, indecent, or crude and offensive, a person can be charged under Florida’s lewd and lascivious laws.
Florida’s sexual battery law also covers a wide range of conduct, including, rape, sexual assault, and unwanted touching. In some cases, this offense can be charged as aggravated sexual battery, but only if the victim was physically incapacitated, coerced by threats, drugged, or had a mental defect. Defendants are prohibited from raising defenses involving a victim’s alleged promiscuity, although they can argue that a victim consented to the conduct.
Indecent Exposure / Exposure of Sexual Organs
Florida law bars the display, exposure, or exhibition of the sexual organs when in a public place or in close proximity to private property. Those who are accused of this offense can point to evidence demonstrating that they did not have a lewd or lascivious intent or that they didn’t actually want anyone to see their private parts, proof of which is necessary for a conviction.
Voyeurism in Naples
Under Fla. Stat. 810.14, a person has committed an act of voyeurism if he or she secretly observes someone else’s intimate areas when that individual is in a private or public dwelling. This law also includes a prohibition against covertly using recording devices for this reason.
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