Sexually Motivated Crimes Explained By Tampa Attorney

When an allegation of a sexual motivated crime is made, the consequences can be devastating. Many of these allegations are made against high school and college students. Law enforcement officers often rush to make an arrest without doing a complete investigation, even in cases in which no physical evidence supports the allegations. Consent is often the main issue litigated, and Florida law provides for numerous theories under which the prosecutor can attempt to prove a lack of consent.

If you have been accused of any sexually motivated crime, then contact an experienced criminal defense attorney to discuss the case in Tampa for Hillsborough County, Bartow or Lakeland for Polk County, Clearwater or St. Petersburg in Pinellas County, Dade City or New Port Richey in Pasco County, Florida. The attorneys at the Sammis Law Firm are selective in taking cases that involve an allegation of a sexually motivated crime. Once we agree to take on a case, however, we mount an extremely aggressive defense and fight for the best result through each step of the process.

The Consultation to Discuss Accusations of a Sexually Motivated Crime

The attorneys at the Sammis Law Firm provide a free, confidential consultation that allow you to sit down with an attorney to discuss the criminal accusation. Seeking a consultation with an attorney as soon as possible remains the best way to protect yourself agasint a false accusation. We prive ourselves in fighting these cases aggressively when our client has been falsely accused of such a serious offense.

The criminal penalties that accompany a sexual motivated crime are tremendously serious. The indirect consequences that come with the accusation can last a lifetime. Finding an attorney that can fight to protect your good name will remain one of the most important decisions you will make after an allegation of a sexual motivated crime. 

Types of Sex Crimes Under Florida Law

Sexually motivated crimes can include the following types of sex crimes under Florida law.

Voyerism under Florida Statute Section 810.14 - charges for voyeurism can include using a video camera, dissemination of videos, and using commercial video to secretly observe or record the victim with a lewd or indecent intent.

• Video Voyeurism § 810.145(2)(a) or (b), Fla.Stat.
• Video Voyeurism § 810.145(2)(c), Fla.Stat.
• Video Voyeurism Dissemination (Image Created in Violation of section 810.145(2)(a) and (b)) § 810.145(3), Fla.Stat.
• Video Voyeurism Dissemination (Image Created in Violation of section 810.145(2)(c)) § 810.145(3), Fla.Stat.
• Commercial Video Voyeurism (Image Created in Violation of section 810.145(2)(a) and (b)) § 810.145(4)(a), Fla.Stat.
• Commercial Video Voyeurism (Image Created in Violation of section 810.145(2)(c)) § 810.145(4)(a), Fla.Stat.
• Commercial Video Voyeurism (Image Created in Violation of section 810.145(4)(b)) § 810.145(4)(b), Fla.Stat.

Sexual Battery Crimes in Florida - Sexual battery charges (often called rape or sexual assault) provides for different penalties and punishments depending on the age of the defendant and victim at the time of the incident

1. Sexual Battery — Victim Less Than 12 Years of Age § 794.011(2), Fla.Stat.
2. Sexual Battery — Victim 12 Years of Age or Older — Great Force § 794.011(3), Fla.Stat.
3. Sexual Battery — Victim 12 Years of Age or Older — Specified Circumstances § 794.011(4), Fla.Stat.
4. Sexual Battery — Person 12 Years of Age or Older § 794.011(5), Fla.Stat.
5. Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority § 794.011(8)(a), Fla.Stat.
6. Sexual Battery upon Child 12 Years of Age or Older But under 18 Years of Age by Person in Familial or Custodial Authority § 794.011(8)(b), Fla.Stat.
7. Unlawful Sexual Activity with Certain Minors § 794.05, Fla.Stat.

Indecent Exposure and Lasivious Acts - charges of being a "flasher" or acting in a lascivious manner come with serious penalties and punishments.

1. Committing Unnatural and Lascivious Act § 800.02, Fla.Stat.
2. Exposure of Sexual Organs (In a Vulgar or Indecent Manner) § 800.03, Fla.Stat.

Lewd and Lascivious Acts - The penalties and punishments for lewd and lascivious acts depend on the manner in which the offense is committed and the age of the victim.

1. Lewd, Lascivious, Indecent Assault or Act Upon or in the Presence of Child; Sexual Battery § 800.04, Fla.Stat  
2. Lewd or Lascivious Battery (Engaging in Sexual Activity) § 800.04(4)(a), Fla.Stat.
3. Lewd or Lascivious Battery (Encouraging, Forcing or Enticing) § 800.04(4)(b), Fla.Stat.
4. Lewd or Lascivious Molestation § 800.04(5), Fla.Stat.
5. Lewd or Lascivious Conduct § 800.04(6), Fla.Stat.
6. Lewd or Lascivious Exhibition Presence of Child § 800.04(7)(a), Fla.Stat.
7. Lewd or Lascivious Exhibition Over Computer Service § 847.0135(5), Fla.Stat.
8. Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person § 798.02

Failure to Register as a Sexual Offender - once convicted of a sexually motivated crime under Florida law, the offender must register as a sexual offender. Any violation in complying with the sex offender registration rules will result in criminal charges.

1. Failure to Register as a Sexual Offender (Initially Register)
2. Failure to Register as a Sexual Offender (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat
3. Failure to Register as a Sexual Offender (Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning)
4. Failure to Register as a Sexual Offender (Failure to Report to Department of Highway Safety and Motor Vehicles)
5. Failure to Register as a Sexual Offender (Failure to Report Change of Name or Address within the State or Jurisdiction)
6. Failure to Register as a Sexual Offender (Failure to Report Change of Residence to Another State or Jurisdiction)
7. Failure to Register as a Sexual Offender (Failure to Report Intent to Remain within the State or Jurisdiction)
8. Failure to Register as a Sexual Offender (Failure to Report Twice A Year/Failure to Report Quarterly)
9. Sexual Offender Definitions
10. Failure to Register as a Sexual Predator (Initially Register – In Custody, Control or Under the Supervision of the Department of Corrections)
11. Failure to Register as a Sexual Predator (Initially Register – Not in Custody, Control Or Under Supervision of the Department of Corrections or a Private Correctional Facility)
12. Failure to Register as a Sexual Predator (Failure to Comply with Registration Requirements)
13. Failure to Register as a Sexual Predator (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home or Manufactured Home)
14. Failure to Register as a Sexual Predator (Failure to Comply with Registration of Enrollment or Employment in Institutions of Higher Education)
15. Failure to Register as a Sexual Predator (Failure to Report to Department of Highway Safety and Motor Vehicles)
16. Failure to Register as a Sexual Predator (Failure to Provide Other Necessary Information Requested by Department of Law Enforcement)
17. Failure to Register as a Sexual Predator (Failure to Report Change of Name or Address within the State or Jurisdiction)
18. Failure to Register as a Sexual Predator (Failure to Respond to Address Verification)
19. Failure to Register as a Sexual Predator (Failure to Report Intent to Move to Another State or Jurisdiction)
20. Failure to Register as a Sexual Predator (Failure to Report Intent to Remain within The State or Jurisdiction)
21. Failure to Register as a Sex Predator (Failure to Register Quarterly)

Sexual Predator - a "sexual predator" or "dangerous sexual predator" designation under Florida Law comes with special reporting requirements and a variety of restrictions. 

1. Sexual Predator Definitions
2. Dangerous Sexual Felony Offender § 794.0115, Fla.Stat.
3. Dangerous Sexual Felony Offender § 794.0115, Fla.Stat.

Soliciting Child for Sexual Conduct Using Computer or Device - officers often use elaborate undercover sting operations in which detectives pose a children online. Many of these cases start with ads on Craigslist or discussions in chat rooms. Charges can include:

1. Soliciting a Child For Unlawful Sexual Conduct Using Computer Services or Devices § 847.0135(3)(a), Fla.Stat.
2. Soliciting a Parent, Legal Guardian, or Custodian of a Child For Unlawful Sexual Conduct Using Computer Services or Devices § 847.0135(3)(b), Fla.Stat.

Child Pornography - Most child pornography cases involve thousands of images downloaded onto a computer. The penalties can result in lenghty prison sentences even for individuals with no prior criminal record.

Traveling to Meet a Minor - this charge also frequently involves an undercover sting operation that begins with detective's posing as minors or a parent who is willing to arrange a meeting for some illegal purpose. 

1. Traveling to Meet a Minor § 847.0135(4)(a), Fla.Stat.
2. Traveling to Meet a Minor Facilitated by Parent, Legal Guardian, or Custodian § 847.0135(4)(b), Fla.Stat.

Finding a Criminal Defense Attorney for Sexual Motivated Crimes in Florida

If you have been accused of any sexually motivated crime under Florida law, then contact an experienced criminal defense attorney at the Sammis Law Firm. Our attorneys represent clients in the greater Tampa Bay area including Tampa for Hillsborough County, Clearwater or St. Petersburg in Pinellas County, Dade City or New Port Richey in Pasco County, Bartow or Lakeland for Polk County, Florida.

The attorneys at the Sammis Law Firm are selective in taking cases that involve an allegation of a sexually motivated crime. Once we agree to take on a case, however, we mount an extremely aggressive defense and fight for the best result through each step of the process.