Our Criminal Defense Lawyers Look at Five New Florida Child Sexual Abuse Laws Signed Into Law in 2024
In 2024, Florida enacted five new laws that increase criminal penalties, expand law enforcement powers, and remove certain evidentiary protections for those accused of child sexual abuse crimes. Our Fort Lauderdale sex crimes defense lawyers explain what you need to know if you or a loved one is facing charges under these new child sexual abuse laws.
Harmful Communication to a Minor
Florida Statute Section 847.01385 aims to stop the "grooming" of minors that occurs in online communications. It creates a new criminal offense called "Harmful Communication to a Minor."
To convict someone of this crime, prosecutors must prove:
- The defendant engaged in a pattern of communication with a minor
- The communications included explicit and detailed descriptions of sexual activity or excitement
The statute does not define a "pattern of communication" or "excitement," potentially giving prosecutors broad discretion.
This crime is a felony in the third degree with a potential sentence of five years in prison, a $5,000 fine, and a permanent criminal record.
The law went into effect on October 1, 2024.
If you’re charged with this crime, your criminal defense lawyer may consider:
- Challenging whether the communications meet the definition of "explicit" or "detailed"
- Arguing that the state lacks evidence of an actual "pattern" of harmful communications
- Moving to exclude evidence that was gathered in violation of your constitutional rights
Online Sting Operations Grant Program
House Bill 1131 creates a grant program to help law enforcement agencies conduct undercover online sting operations. These operations are aimed at adults who communicate with children online for sexual purposes.
The program allocates funds within the Florida Department of Law Enforcement budget to facilitate stings. Undercover officers will pose as minors online to engage in sexually explicit conversations with adults and arrange meetings, leading to arrests.
The law took effect on July 1, 2024.
Sexual Predator and Sexual Offender Registration
House Bill 1235 closes perceived loopholes in Florida's sex offender registry laws. It requires offenders to:
- Register temporary addresses in addition to permanent ones
- Register vehicles or vessels they live in as their primary residence
- Report additional details about travel plans
These provisions are intended to make it easier for the public to track offenders' whereabouts and for offenders to avoid registration violations. However, the expanded rules also create more opportunities for technical violations that could lead to new felony charges.
This law took effect on October 1, 2024.
Rules of Evidence in Child Abuse Cases
Finally, two new laws alter the way courts handle specific evidence in child sex abuse prosecutions:
- Senate Bill 1224 focuses on victims of crime and domestic violence. For child abuse cases, it expands the Guardian ad Litem program to provide more support services for kids aging out of foster care.
- House Bill 305 makes out-of-court statements by any minor victim of abuse admissible as evidence in court. Previously, this hearsay exception applied only to victims 16 or younger.
Both bills are effective as of July 1, 2024.
Don’t Fight Child Sexual Abuse Charges Alone
If you're accused of a crime involving the alleged sexual abuse or online exploitation of a minor, you're up against a prosecutor who is armed with an array of powerful new legal tools. You need an equally skilled and knowledgeable criminal defense attorney to level the playing field and protect your rights.
The Law Offices of Robert David Malove helps our clients by:
- Conducting independent investigations
- Challenging the reliability of evidence
- Negotiating with prosecutors
- Defending our clients’ rights in court
- Guiding our clients through the legal process
We have spent decades defending the rights of the accused in Fort Lauderdale and across South Florida. We understand the high stakes involved in child sexual abuse cases and are committed to providing a strong defense for each and every client.