Port Charlotte Sex Crime Defense LawyersIn Florida, a number of different criminal offenses fall under the broad category of “sex crimes,” each of which comes with its own specific set of elements that must be proved in order to obtain a conviction. This is a complex area of the law, so it is important for those who have been arrested for or charged with committing a sex crime, to contact a Port Charlotte sex crime defense lawyer who may be able to get their charges reduced or even dismissed.
Port Charlotte Child Pornography LawyerFlorida law specifically prohibits the possession, transmission, production, and promotion of child pornography. Those who are accused of these offenses can be charged with a separate count for each depiction found in their possession or on their computer, which can have devastating consequences, as each charge is punishable by up to five years imprisonment. Manufacturing child pornography is penalized even more severely, as it is charged as a second degree felony under Fla. Stat. §827.071. A number of different activities fall under this broad prohibition, including taking photos or making videos depicting a minor engaged in sexual conduct but also making copies of already existing images. In fact, a person is presumed to have the intent to distribute child pornography if he or she is found in possession or three or more copies of the same image.
Port Charlotte Solicitation of a Sex Worker LawyerFlorida criminalizes both the act of prostitution and its solicitation, which according to Fla. Stat. 796.07 involves enticing, inducing, or soliciting another person to engage in sexual activity for pay. In fact, it is even possible to be charged with solicitation when no money is exchanged or when the solicited party was not actually a sex worker. As long as an offer of compensation for a sexual act is involved, the offeror can be charged with solicitation, although the charge can be enhanced if the person solicited was a minor.
Voyeurism Law in Port CharlotteIn Florida, voyeurism is considered a criminal act and as such, is punishable by jail time, fines, and probation. However, a person can only be convicted of voyeurism under Fla. Stat. 810.14, if prosecutors can prove that a defendant secretly observed someone else while they were in a dwelling or vehicle or covertly observed someone else’s private parts, with lewd intent. Voyeurism is almost always charged as a first-degree misdemeanor, although a charge could be enhanced if a defendant allegedly used an imaging device to record the encounter and was over the age of 19 years old.
It’s also important to note that a defendant cannot be convicted of voyeurism if:
- A written notice was displayed on the premises notifying visitors of the presence of security cameras;
- The recording device is clearly obvious; or
- Law enforcement officers were conducting surveillance for an official purpose.
Port Charlotte Sexual Battery LawyerIn Florida, rape and sexual assault are prosecuted under the state’s sexual battery law, which is found in Fla. Stat. 794.011. This statute defines sexual battery as nonconsensual oral, vaginal, or anal contact with someone else’s sexual organ or another object. These offenses are some of the most serious sex crimes that a person can be charged with, as they come with lengthy prison sentences. This is especially true in cases that involve aggravated battery, which occurs when a defendant allegedly used force, a weapon, threats of violence, or drugs or alcohol to subdue the other party. When one or more of these circumstances exist, a person could be charged with a first-degree felony, which is punishable by a minimum of three and a maximum of 30 years in prison.
A person cannot be convicted of sexual battery if the accusing party consented to the activity. However, in order to qualify as consent, the acquiescence must have been voluntarily given and intelligently and knowingly made, which means that even if a person verbally consented to engage in sexual activity, it will not be considered valid consent if the victim was intoxicated, drugged, or mentally or physically incapacitated. In certain cases, this defense cannot be raised, namely when the other party is a minor, as minors are not believed to have the maturity to consent to sexual activity.