Sex Offenses in Florida

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SEX OFFENSES
In Florida
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Consequences of a Conviction for a SEX OFFENSE
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Not only may an individual convicted of a sex
offense in Florida face the possibility of a term
of incarceration but he or she may also be
required to register as a sex offender for life
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Sexual Battery/Rape
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What most people refer to as rape is charged as
sexual battery in Florida
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Florida Statute 794.011 defines sexual battery
as
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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.
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Sexual Battery Charging Factors
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Sexual battery is a felony in Florida
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What degree felony depends on a variety of
factors such as
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What degree felony depends on a variety of
factors such as
The age of the alleged victim
Whether or not the alleged victim was injured
during the commission of the sexual battery
The age of the accused
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What degree felony depends on a variety of
factors such as
Whether or not the alleged victim was
incapacitated at the time of the incident that
gave rise to the charges
The use of force or the threat of force
The relationship between the alleged victim and
the accused
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Misdemeanor DUI
Sexual Battery Penalties
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The general sentencing structure for felonies in
Florida is as follows
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The general sentencing structure for felonies in
Florida is as follows
Capital felony death
Life felony life in prison
1st degree felony up to 30 years
2nd degree felony up to 15 years
3rd degree felony up to five years
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Lewd and Lascivious Acts
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Lewd and lascivious acts in the State of Florida
are sexual acts that involve minors
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All are felonies ranging in severity from a 3rd
degree to life felony
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Lewd and Lascivious Battery
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A person commits the offense of lewd and
lascivious battery if he or she
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A person commits the offense of lewd and
lascivious battery if he or she
engages in sexual activity with a person 12
years of age or older but less than 16 years of
age or encourages, forces, or entices any person
less than 16 years of age to engage in
sadomasochistic abuse, sexual bestiality,
prostitution, or any other act involving sexual
activity
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Lewd and Lascivious Molestation
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A person commits this offense by
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A person commits this offense by
intentionally touching in a lewd or lascivious
manner the breasts, genitals, genital area, or
buttocks or the clothing covering them, of a
person less than 16 years of age, or forces or
entices a person under 16 years of age to so
touch the perpetrator
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LEWD OR LASCIVIOUS CONDUCT
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Defined as
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Defined as
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
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Lewd or Lascivious Exhibition
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A person who
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A person who
intentionally masturbates intentionally exposes
the genitals in a lewd or lascivious manner or
intentionally commits any other sexual act that
does not involve actual physical or sexual
contact with the victim, including, but not
limited to, 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
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A person who
intentionally masturbates intentionally exposes
the genitals in a lewd or lascivious manner or
intentionally commits any other sexual act that
does not involve actual physical or sexual
contact with the victim, including, but not
limited to, 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
commits this offense
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Defenses to Lewd and Lascivious Acts
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The victim's consent IS NOT A DEFENSE if the
victim is a minor
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Ignorance of the victim's age, the victim's
misrepresentation of his or her age, or even the
defendants true belief that the victim was old
enough to consent cannot be raised as the
defenses if charged with a lewd and lascivious
act crime
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Unlawful Sex with Minors
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In Florida, what most people refer to as
"statutory rape is charged as an "unlawful
sexual activity with certain minors" offense
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The statute covering this offense is specifically
aimed at situations where someone over the age of
24 engages in consensual sex with someone who is
16 or 17 years old
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Unlawful sexual activity with certain minors is
charged as a second degree felony
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Romeo and Juliet Law
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In 2007, Florida enacted a Romeo and Juliet
law Florida Statute 943.04354
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The law provides a potential exemption from being
required to register as a sex offender if
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The law provides a potential exemption from being
required to register as a sex offender if
The victim must have been between 14 and 17
years old
The perpetrator must not have been more than four
years older than the victim
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The law provides a potential exemption from being
required to register as a sex offender if
The victim must have been a willing participant
in the sexual activity
The instant offense must be the only reason why
the individual is required to register as a sex
offender
Court must approve petition to remove
registration requirement
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Sex Offender Registry
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In Florida, individuals convicted of a long list
of sex offenses are required to register with the
Florida Department of Law Enforcement as a sex
offender
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Anyone who has been adjudicated a sexual
predator must also register
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