There are a wide range of offenses in Tampa, Florida, that fall under the broad category of “sex crimes,” although some of the most commonly charged involve allegations of the possession of child pornography, solicitation of a prostitute, and sexual assault. While all of these offenses are considered to be serious crimes, those involving children are investigated and prosecuted the most aggressively.
Child Pornography Lawyers in Tampa
Of all sex crimes, those involving child pornography are perhaps the most well-known. Although most charges involve allegations of mere possession, it is also possible to be charged with distributing, manufacturing, producing, and transmitting child pornography. However, before a person can be convicted of these offenses, prosecutors must demonstrate that the images, photos, or films in question fall under the definition of child pornography, which means that they contain depictions of minors engaging in sexual conduct.
As part of a prosecution for possessing, distributing, or producing child pornography, a defendant’s intent must also be demonstrated, as those who are unaware of the contents of an image or who don’t take steps to save a photo or video cannot usually be convicted. It is also not uncommon for those who are accused of one or more child pornography-related crime to be charged with others. For example, those who are accused of manufacturing or distributing child pornography could also be charged with inducing the sexual performance of a child.
Tampa Solicitation Crime Attorneys
Another commonly charged offense is solicitation. In most cases, these charges involve allegations of soliciting a prostitute by entering into a transaction to exchange money for sexual activity. This type of offense is usually treated as a misdemeanor, although charges can be upgraded if the person being solicited was a minor. These types of charges often follow online conversations, where the other party was a police officer involved in an internet sting operation to apprehend those who commit computer sex crimes. Unfortunately, it does not matter that the person being solicited was not actually a minor, as a person can still be charged with soliciting a minor. It is possible, however, to escape conviction by demonstrating that a defendant was entrapped by police.
Child Molestation Lawyers in Tampa
One of Florida’s most serious sex crimes is child molestation, which, under Fla. Stat. 800.04, involves the performance of a lewd or lascivious act upon the body or in the presence of a minor. While certain conduct, such as sexual activity involving penetration by a sexual organ, is automatically considered to be lewd or lascivious conduct, a person can be charged with this offense for inappropriate touching or performing lewd acts in front of a minor. Defendants accused of this offense can defend themselves against the charges, but are not permitted to argue that the minor consented to the activity or that he or she lied about his or her age.
Sexual Assault Lawyers in Tampa, Florida
Sexual assault in Florida is prosecuted under the sexual battery law, which prohibits non-consensual intercourse. In many cases, those who are accused of committing sexual assault can be charged in both state and federal court. This is because federal law 10 U.S.C. 920 forbids sexual assault, which is defined as committing a sexual act upon someone else by using threats, causing bodily harm, or fraud. However, defendants who have been unfairly accused can avoid conviction by presenting evidence that the other party willingly and knowingly consented to the contact.
Lewd or Lascivious Crime Lawyers in Tampa
Florida prohibits a wide range of conduct when minors are involved, including:
Lewd or lascivious exhibition of the genitals;
Lewd or lascivious conduct, which prohibits any type of inappropriate touching.
Lewd or lascivious battery, which involves engaging in sexual activity with a minor; and
Lewd or lascivious molestation, which involves inappropriate touching of the genitals.
In addition to this type of conduct, Florida residents are generally prohibited from any type of lewd or lascivious behavior or acts, which could include exhibition and sexual assault against both minors and adults.
Sexual Battery Lawyers in Tampa
Sexual battery, like rape and sexual assault, falls under Fla. Stat. 794.011, which prohibits the non-consensual vaginal, oral, or anal penetration of another person with a sexual organ or other object. Like other sex crime defenses, a defendant who has been accused of sexual battery is permitted to present evidence demonstrating the other party’s consent.
Indecent Exposure / Exposure of Sexual Organ Lawyers in Tampa
While many people associate sex offenses with crimes like assault or molestation, there are also a variety of less serious offenses that qualify as sex crimes, including indecent exposure. This crime involves publicly displaying one’s sexual organs in a lewd manner or with the intent to cause offense. Intent is one of the most important elements in this type of prosecution, as a person cannot be convicted for indecent exposure unless he or she had a sensual or licentious intent at the time of exposure.
Tampa Voyeurism Lawyers
Another misdemeanor sex offense in Florida is voyeurism, which is prohibited under Fla. Stat. 810.145 and involves intentionally viewing a person while he or she is privately exposing him or herself in a place where that individual could reasonably expect to have privacy. To obtain a conviction, prosecutors must demonstrate that the defendant also had lewd intentions at the time of the viewing.
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