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DUI & Criminal Defense Lawyers in Florida

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Navarre Sex Crime Defense Lawyers

All sex offenses, regardless of their severity, should be taken seriously. Accusations involving offenses against children, however, come with particularly serious consequences, so if you have been charged with committing a sex crime, it is important to retain a Navarre sex crime defense lawyer who can help you begin formulating a strong defense.

Navarre Solicitation of a Minor Lawyer

Florida law makes solicitation of a sex worker unlawful, regardless of whether the person solicited is actually engaged in prostitution. This is generally a misdemeanor crime unless the party who was solicited was a minor, in which case, the charge will be enhanced to a third-degree felony. Solicitation of a minor includes in-person arrangements, as well as online communications, as state law specifically prohibits using a computer online service or any device that is capable of electronic storage or transmission to:
  • Entice, solicit, or lure a child to engage in sexual conduct; or
  • Entice or solicit a parent to allow his or her child to engage in sexual conduct.
These prohibitions apply even when the person being solicited was not actually a minor or was not the parent of a minor. As long as the solicitor believed that they were soliciting a minor or his or her parents, that person can be charged with solicitation. In fact, even attempting to solicit a minor using an online service can be prosecuted as a third-degree felony. However, if there is evidence that a defendant misrepresented his or her age in order to convince a minor to engage in sexual activity, he or she could face enhanced second-degree felony charges. This can have important consequences, as it is not uncommon for prosecutors to charge a defendant with a separate count for each time that they used the internet for solicitation purposes.

Under Fla. Stat. 847.0135, actually traveling to meet a minor, regardless of whether he or she traveled within, to, or from the state, after using an online service to solicit that individual, is also considered a second degree felony offense and as such, is punishable by up to 15 years for each count.

Navarre Child Molestation Lawyer

Another serious sex offense involving children is the sexual abuse of a minor, which is more commonly known as child molestation. According to Fla. Stat. 800.04, a person has committed this type of offense when he or she performs a lewd act upon the body of or in the presence of a minor for the purpose of satisfying sexual desire. Child molestation is a strict liability crime, which means that although defendants are permitted to defend themselves against charges of molestation, they are barred from raising certain defenses, including that:
  • The other party consented to the sexual activity;
  • The other party claimed to be an adult;
  • The other party was known for being promiscuous;
  • They didn’t know that the other party was a minor; or
  • They legitimately believed that the other party was over the age of 18 years old.
Child molestation is usually charged as a first-degree felony. However, a charge can be reduced if the defendant was also under the age of 18 years old, and the other party was between 12 and 16 years old. Those who are convicted of child molestation must register as sex offenders, although there is one exception known as the Romeo and Juliet Law, which gives judges discretion to waive the registration requirement if the defendant hasn’t committed any other sex crimes, the offense involved consensual activity and the minor was a teenager, and the defendant was no more than four years older than the victim who was at least 13 years of age.

Navarre Child Pornography Attorney

One of the most commonly charged sex offenses involving children is the possession of child pornography. Possession of child pornography is a third degree felony, so those who are convicted are required to register as sex offenders. However, before a person can be convicted, prosecutors must establish a number of elements, namely that:
  • The defendant was found in possession of an image depicting a minor engaged in sexual conduct;
  • The defendant intentionally viewed more than one image over a period of time; and
  • The defendant purposely saved the image or knew that it would automatically be saved.
Fortunately, there are a number of defenses available to those who have been unfairly accused of possessing child pornography, including that: the person depicted was over the age of 18 years old, the images were sent without their consent and were immediately deleted, or that they use a shared computer and were not responsible for downloading the images. However, defendants are not permitted to argue that they legitimately believed that the images depicted an adult.

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