Sex Crime Definitions Our Key West Sex Crime Defense Lawyer Wants You to Know
Prostitution, voyeurism, solicitation of a minor, and other terms have different legal meanings than those you may find portrayed on television or in the movies. Other sex crimes like rape go by other names under Florida law.
Your reputation, relationships, and freedom are all on the line. To protect your rights, it's crucial that you understand exactly what types of actions Florida law prohibits. The legal definitions of sex crimes often differ significantly from how these terms are used in everyday conversation, and our Key West sex crime defense lawyer wants to clarify these crimes for you so that you know what to expect and how to protect your rights.
How Florida Law Defines Sex Crimes
Florida statutes define sex crimes in our state. Below are some specific crimes you may be charged with in Key West, Monroe County, or throughout Florida.
Child Pornography
Under Florida Statute 827.071, it's illegal to employ, authorize, or induce a child in sexual conduct or performance. Child pornography includes possessing, producing, promoting, or distributing any image or video depicting sexual conduct by a child.
Exposure of Sexual Organs
Florida Statute 800.03 prohibits exposing or exhibiting one's sexual organs in public, on the private premises of another, or so close to a public place or someone else’s private property that the sexual organs can be seen in a vulgar or indecent manner.
Failure to Register as a Sex Offender
Florida Statute 943.0435 requires certain convicted sex offenders to register with law enforcement. Failure to do so is a separate criminal offense from the sex crime for which you were already convicted.
Human Trafficking
The Florida legislature likens human trafficking to modern-day slavery. Florida Statute 787.06 defines human trafficking as transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person in any form of sexual exploitation.
Lewd or Lascivious Battery
Under Florida Statute 800.04(4), this crime involves engaging in sexual activity with a person 12 years of age or older but less than 16 years of age or encouraging, forcing, or enticing any person less than 16 years of age to engage in sexual activity.
Lewd or Lascivious Conduct
According to Florida Statute 800.04(6), this involves intentionally touching a person under 16 years of age in a lewd or lascivious manner, or soliciting a person under 16 years of age to commit a lewd or lascivious act.
Lewd or Lascivious Exhibition
Florida Statute 800.04(7) defines this as intentionally masturbating, exposing genitals in a lewd or lascivious manner, or committing any other sexual act that does not involve actual physical or sexual contact with the victim, including sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, in the presence of a victim who is less than 16 years of age.
Lewd or Lascivious Molestation
Florida Statute 800.04(5) defines this as intentionally touching the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age in a lewd or lascivious manner.
Prostitution
Florida Statute 796.07 defines prostitution as the giving or receiving of the body for sexual activity for hire. This law also covers related offenses such as soliciting, inducing, or procuring another to commit prostitution.
Sexual Battery (Rape)
Florida Statute 794.011 defines sexual battery as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. This offense occurs without the victim's consent or when the victim is mentally incapacitated.
Sexual Misconduct by a Psychotherapist
Florida Statute 491.0112 makes it illegal for a psychotherapist to engage in sexual misconduct with a client or former client when the professional relationship was ended primarily for the purpose of engaging in sexual contact.
Sexual Misconduct with a Student
Under Florida Statute 800.101, it's illegal for an authority figure (such as a teacher) to solicit or engage in sexual conduct, a relationship of a romantic nature, or lewd conduct with a student.
Sexual Performance by a Child
Under Florida Statute 827.071, it's illegal to employ, authorize, or induce a child to engage in a sexual performance or to produce, direct, or promote any performance that includes sexual conduct by a child.
Solicitation of a Minor
Under Florida Statute 847.0135(3), it's illegal to use a computer service to seduce, solicit, lure, or entice a child or a person believed to be a child to engage in unlawful sexual conduct.
Traveling to Meet a Minor
Florida Statute 847.0135(4) makes it illegal to travel to meet a child, or a person believed to be a child, for the purpose of engaging in unlawful sexual conduct after using a computer or other electronic device to solicit the child.
Unlawful Sexual Activity with Certain Minors
Florida Statute 794.05 prohibits a person 24 years of age or older from engaging in sexual activity with a person 16 or 17 years of age.
Video Voyeurism
According to Florida Statute 810.145, this involves intentionally using or installing an imaging device to secretly view, broadcast, or record a person for the perpetrator's amusement, entertainment, sexual arousal, gratification, or profit or to degrade or abuse another person.
Voyeurism
Florida Statute 810.14 defines voyeurism as secretly observing another person when the other person is in a place where they have a reasonable expectation of privacy for the observer's own amusement, entertainment, sexual arousal, gratification, or profit.
Why Sex Crime Definitions Matter
Defining sex crimes isn’t just an academic activity. Instead, understanding how these crimes are defined in Florida may provide you with:
- Clarity on charges. Knowing the specific elements of each crime helps you understand exactly what you're being accused of if charged.
- Proof requirements. These definitions outline what prosecutors must prove beyond a reasonable doubt for a conviction. Understanding this can help you and your attorney develop an effective defense strategy.
- Potential consequences. Different sex crimes carry varying penalties. Knowing the exact charge helps you understand the potential consequences you're facing.
An experienced Key West sex crime defense lawyer can explain everything to you so you know exactly what you face.
Now Is the Time to Contact a Key West Sex Crime Defense Lawyer at the Law Offices of Robert David Malove
If you’ve been charged, or you are concerned that charges may be coming, our sex crime defense lawyers can:
- Let you know what sex crime laws may be involved in your case
- Evaluate the charges (or potential charges)
- Investigate the case and evaluate evidence
- Develop a comprehensive defense strategy
- Protect your rights, including filing motions in court
- Plea bargain, if appropriate, to reduce charges
- Advise you on all of the ways a sex crime conviction could impact your life
- Defend you in court
Remember, being charged with a sex crime doesn't automatically mean you're guilty. While past case results are not a guarantee of an outcome in your case, we are proud of how we’ve been able to help other clients facing criminal charges in Florida and of the difference we make in our clients’ lives. Here is what just a few of our criminal defense clients say about working with us:
- I cannot say enough good about this man. Instantly took personal control of my situation with clear understanding and concern for my well-being. Worked nights and weekends w/o charge to calm me and lend support and understanding. Truly a genuinely nice person in a tough business. I would hire again. - Stephen
- Mr. Malove has excellent courtroom presence and is ever ready with the appropriate citation of law. I have seen him deftly pick apart witnesses and stump prosecutors. He is a formidable examiner, and is as good as it gets. – Mark S.
Everyone has a constitutional right to a defense, and the prosecution must prove guilt beyond a reasonable doubt based on how specific sex crimes are defined in Florida. We are here to protect your rights.