Sex Crimes
There are three general categories for sex crimes: lewd or lascivious acts, sexual battery or rape, and unlawful sexual activity with minors. The severity of the crime depends on the offender’s age and the victim’s age. Penalties range from a life in prison and minimum mandatory sentences to sexual offender probation and registration. The State of Florida specifically prohibits ignorance of the victim’s age and the age of the accused for being used as defenses. Sex crimes are also strict liability crimes, which is designed to counteract the defenses of the child’s age, child’s consent, proximity in age, and ignorance of a child’s age. Please refer to table below discussing the nature of the three categories and the penalties associated with the crimes.
|
Charge |
Degree |
Penalty |
|
Lewd or lascivious battery (victim between 12 years of age and 16 years of age)(800.04(4)) |
F2-L8 |
Minimum Mandatory 34.5 months in prison Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious molestation (offender over the age of 18, victim under the age of 12) (800.04(5)) |
FL |
Up to life in prison 25 years minimum mandatory in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious molestation (offender over the age of 18, victim between the age 12 and 16) |
F2-L7 |
51 months minimum mandatory in prison Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious molestation (offender under the age of 18, victim under the age of 18) |
F2-L7 |
51 months minimum mandatory in prison Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious molestation (offender under the age of 18, victim between the ages of 12 and 16) |
F3-L6 |
36 months minimum mandatory in prison Up to 5 years in prison Up to $5,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious conduct (offender over the age of 18, victim under 16) (800.04(6)) |
F2-L6 |
Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious conduct (offender under the age of 18, victim under 16) |
F3-L5 |
24.5 months minimum mandatory in prison Up to 5 years in prison Up to $5,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious exhibition (offender over the age of 18, victim under 16) |
F2-L5 |
Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Lewd or lascivious exhibition (offender under the age of 18, victim under 16) |
F3-L4 |
Up to 5 years in prison Up to $5,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Sexual battery (794.011) |
F2-L8 |
94.5 months minimum mandatory in prison Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Aggravated sexual battery on victim over the age of 18 |
F1-L8 |
34.5 months minimum mandatory in prison Up to 30 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Aggravated sexual battery on victim between the ages of 12 and 18 |
F1-L9 |
108 months minimum mandatory in prison Up to 30 years in prison Up to $10,000.00 in fines |
|
Sexual battery on victim under 12 years of age (offender over the age of 18) |
FL-Capital Sexual Battery |
Life Up to $10,000.00 in prison Sex Offender Probation Sex Offender Registration |
|
Sexual battery on victim under 12 years of age (offender under the age of 18) |
FL-L9 |
108 months minimum mandatory in prison Up to life in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Sexual battery with a deadly weapon |
FL-L10 |
126 months minimum mandatory in prison Up to life in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Sexual battery likely to cause personal injury |
FL-L10 |
126 months minimum mandatory in prison Up to life in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
|
Unlawful sexual activity with a minor (offender over the age of 24, victim 16 or 17 years of age) (794.05) |
F2-L6 |
Up to 15 years in prison Up to $10,000.00 in fines Sex Offender Probation Sex Offender Registration |
There are some defenses available, such as lack of lewd intent and false allegations. Upon sentencing, several mitigating factors for downward departure are available such as treatment for the offender, victim’s roles in the incident, and youthful offender status. In addition, there is also a Romeo and Juliet exception available for the offender to petition the court to take him or her off the sexual offender registration. He or she must meet the following criteria: conviction for sexual battery or lewd or lascivious offense, consensual encounter with victim between the ages of 14 and 17, minor was no more than 4 years younger than the defendant at the time of the incident, and registration status solely due to conviction. This exception is described in more detail in Florida Statutes Section 943.04354, and is subject to the judge’s discretion.
The nature of sex crimes is very serious and complex. It can affect you for the rest of your life. If you are being accused of a sex crime, you need to seek the advice of a legal counsel as soon as possible. Contact Stewart Law Firm for your free consultation today at 850-689-4529.
