Orlando Sex Crime Defense Lawyer
Our Orlando sex crime defense lawyers understand that all criminal offenses should be taken seriously in Florida. Sex crimes, however, should be given particular weight, as they come with severe consequences, including not only jail time, but also potential registration on the national sex offender registry. These penalties can make it difficult to find employment, secure housing, or relocate for job or educational opportunities. Registration also comes with serious repercussions for a defendant’s personal reputation, so it is critical to raise a strong defense when accused of this type of offense. For help planning your own defense against allegations of involvement in a sex crime, you should consider contacting an Orlando sex crime defense attorney who is familiar with both state and federal law and can help ensure that your rights and interests are protected.
The sex crime attorneys here at Musca Law represent people who have been accused of all sorts of sexually motivated crimes, from misdemeanor solicitation or prostitution cases to felony sexual battery and child pornography cases. We understand that being accused of a sex crime does not necessarily mean that you are guilty. Our Orlando sex crimes defense attorneys have years of trial experience, an impressive amount of legal knowledge, and a clear understanding of prosecution tactics. We will thoroughly examine your case and look for errors in statements which may indicate a consensual act or a false accusation. If you have been charged with or are under investigation for this type of crime, contact us today so that we can start mounting your defense. Call our Orlando law offices today to schedule a free, confidential, no-obligation consultation with one of our qualified Florida criminal defense attorneys.
Orlando Prostitution Lawyers
Although many sex offenses are charged as felonies, there are a few that qualify as misdemeanors, one of which is the solicitation of prostitution. Fla. Stat. 796.07 defines prostitution as the giving or receiving of the body for sexual activity in exchange for compensation. However, there are actually a range of different prostitution-related offenses that fall under this category, including:
- Soliciting a prostitute
- Compelling someone else to become involved in prostitution
- Developing financial support from prostitution
- Operating, owning, leasing, or renting a place used for prostitution-related activities
- Providing transportation to a third party to a location where prostitution-related activity occurs
- Soliciting a minor
- Securing a minor for the purpose of prostitution
- Buying or selling a minor into prostitution.
Orlando Solicitation of a Minor Attorneys
Generally, solicitation of prostitution is charged as a misdemeanor offense, so most defendants who are convicted are not required to serve jail time. However, if an offense involves a person under the age of 18 years old, a defendant could face felony charges, even for a first-time offense. In fact, a person can be charged with this crime if he or she never even actually met or saw the minor, a scenario that usually arises during internet sting operations. This is because Florida law is specifically worded to account for the use of online services or electronic devices to solicit minors for sex. It is also important to note that if a person is accused of using different services or devices to contact a minor, each communication will be considered a separate criminal charge. Defendants who actually travel to meet minors for the purpose of engaging in sexual activity for pay face even harsher consequences, as convictions usually involve a mandatory two-year prison sentence and inclusion on the nation’s sex offender registry. Those who are convicted on multiple occasions for prostitution-related offenses also face felony charges, mandatory jail time, hefty fines, loss of driving privileges, community service, and mandatory completion of an educational program about the negative effects of prostitution. A strong defense can help clear a person’s name if he or she has been charged with soliciting a minor. In most cases, this involves proving that a defendant was the victim of entrapment, or that he or she was convinced to commit a crime that he or she was not predisposed to commit. In these cases, courts look at a variety of factors, including:
- The length of time that the defendant was engaged in online interaction with the undercover officer
- Who initiated the conversations about sexual activity
- Whether the defendant ever expressed reluctance to engage in these types of discussions
- The extent to which the officer persisted in encouraging communication of a sexual nature
- Whether the defendant actually and immediately traveled to a meeting place
Defendants who successfully raise this defense could escape criminal penalties and have their case dismissed by the court.
Orlando Indecent Exposure Attorney
Besides solicitation of prostitution, there are a number of other misdemeanor sex offenses that a person can be charged with, including indecent exposure, which is prohibited under Fla. Stat. 775.082. Like the state’s other lewd and lascivious crimes, indecent exposure is considered a less serious offense than molestation or assault and involves exposing oneself in public with lewd intent. In fact, a person can be charged with this offense even if he or she was not in public, but was on or within sight of private property. However, before a person can be convicted, prosecutors must also prove that the individual intended to expose him or herself in a crude way or with an unlawful indulgence in sensual intent. To satisfy this level of intent, prosecutors must demonstrate that a defendant’s actions offended a third party who saw the act unless the exposure took place in a location that was designed for the use of the general public, in which case the display itself is enough to constitute indecent exposure. Although, usually charged as a misdemeanor, indecent exposure can be charged as a felony if the person who saw the exposure was under the age of 16 years old, even if the encounter took place online.
Removal From the Sex Offender Registry
Any sex crime offender who is required to register typically remains on the national sex offender registry for the rest of his or her life as mandated by law. The singular exception to this rule is if and when the offender has been awarded a full pardon, or the offender has had their conviction set aside in a post-conviction trial for any crime that meets the guidelines for identifying the person as a sexual offender or a sexual predator for the purposes of registration.
Some sexual offenders might be allowed to have their names excluded from the sex offenders registry, and may have their legal requirement to register as one lifted provided that the offender:
- Has been legally discharged from prison or under legal supervision for 25 consecutive years,
- Has not perpetrated any misdemeanor or any felony offense within that time frame, or
- Was ultimately found not guilty of the offenses committed as an adult.
The penalties for sexual battery/rape are generally considered alongside other factors, such as the age of the offender, the age of the victim, and whether or not any aggravating circumstances were present. It is also important to note that, in keeping with Florida laws, every single person who is convicted of sexual battery is required to be labeled as either a sexual predator or a sexual offender and will therefore be obligated to comply with all of the state’s sexual predator and sexual offender registration laws for the rest of their lives. In addition, the Adam Walsh Act mandates that any person who is convicted of sexual battery is ineligible to request their removal from state and/or federal sexual offender registration lists at any point in time because the nature of the offense was non-consensual sexual interaction.
This means that if a young teenager, for example, is found guilty of the crime of sexual battery, allegations of date rape, or rape under dubious or questionable circumstances, they will be a marked and registered sex offender for the rest of their life.
If you or someone that you love has been arrested and charged with sexual battery, sexual assault, or any other form of sexual crime in Orlando, Florida, the steps that you choose to take in order to defend yourself can determine your entire future. You should challenge sex crime charges of any type with the help and support of a skilled and accomplished criminal defense attorney, one who will protect your rights and stay in your corner from start to finish.
The legal team here at Musca Law is able to accommodate you with a loyal team of defense attorneys and a strategic defense to counter any sex crime charges that you may currently be facing. Contact us today for a realistic evaluation of your case in a free, no-obligation, no judgment initial consultation.
Internet Solicitation and Computer Sting Operations
Sex crimes that involve the use of a computer are a developing trend that could bring drastic outcomes that will negatively impact the rest of your life. When someone who is over 18 years old tricks, seduces, or advocates a sexual act to take place with a person who is younger than 18 years old through the use of a computer and the internet is classified as the internet solicitation of a minor. In the eyes of the law, the seduction of the minor even being attempted is enough to have someone charged with this crime. No in-person meeting or real life physical touching needs to take place in order for someone to be charged with this form of internet solicitation.
Penalties of Internet Solicitation
The United States government regards any internet solicitation that takes places between an adult and a minor to be a very severe offense. It has been made abundantly clear that an adult pretending to be a minor is not a kind of entrapment and you could be charged with a separate third-degree felony for every individual solicitation that you made. This means that you could be facing five years in state prison for each solicitation that took place between you and any minor.
The Florida government has established a new framework of laws and penalties for adults who physically engage with minors after a solicitation has occurred. If you decide to travel any distance to engage a minor with the intention of enticing them to take place in sexual activities, then you may be looking at a second-degree felony, which is a crime that is punishable by as long as 15 years in state prison.
Recently, the favored tactic by Florida or Federal law enforcement has been for them to impersonate adults proposing threesomes or group sexual encounters with their supposed niece, nephew, cousin, etc., or to portray an actual minor who is seeking recreational sexual behavior. In either instance, the lying commences from the very start and the legal problem of entrapment comes up in each case.
Juvenile Rape Offenses
Sexual battery, more commonly referred to as rape, may include various kinds of sexual acts performed without permission on either minors or adults. The offender may also be a minor or an adult. Rape offenses also includes two minors, with some sort of vaginal, anal, or oral penetration performed by one person on another who did not agree to the act.
In instances of juvenile rape accusations, the offenders are often granted more tolerance, particularly if the supposed offender and the supposed victim are close in age (usually about a three-year difference). While it is possible for juveniles to participate in undesired sexual behaviors with an adult, most frequently, the crime of juvenile rape tends to be about two minors.