Sex Crimes

While the laws prohibiting criminal sexual behavior were written to protect victims and to punish those who prey on them, the enforcement of these laws is often problematic.  A forensically compromised investigation that can leave key questions unknown or unknowable.  Defendants can be “over charged” with a crime when the evidence supports only a less serious crime or.  And of course, objectively false accusations happen; resulting in cases where the only true victim is the accused.

The State of Florida does not treat kindly those it deems sexual offenders. From a lengthy prison sentence to an involuntary civil commitment and even a registration requirement upon release, consequences of a conviction for a felony sex crime are many and severe.

Tampa Sex Crimes Defense Lawyer

If you are charged with or are under investigation for a sex crime in Tampa, FL, Hillsborough County, or the greater Tampa Bay area, know that attorney Joel Elsea at the Elsea Law Firm, P.A. is ready. We will work together to develop an effective defense for your unique situation. Having the right Tampa sex crime defense attorney in your corner could make the difference in your case.

Florida Sexual Offenses

Sexual Battery

Florida Statute § 794.011 defines sexual battery, a category of offenses commonly referred to as rape.   Sexual battery is a felony, but the classification of felony depends on the circumstances. For instance, rape against someone 12 years or older would be a first-degree felony. Sexual battery using a deadly weapon can result in a lifetime imprisonment while a rape charge against someone under the age of 12 is considered a capital offense.

Exposure of Sexual Organs

• Florida Statute § 800.03
• Indecent and public exposure of one’s sexual organs
• First-degree misdemeanor

Lewd and Lascivious Act

• Indecent, sexual behavior (Florida Statute §800.02)
• Second-Degree Misdemeanor

Sex Crimes on Children

Statutory Rape in Florida

• Florida Statute § 794.06
• Ages to remember for potential adult/child are 16 and 23 (legal), or 15 and 24 (illegal).
• Second-Degree Felony if the “age matrix” of the people involved violates the staute.
• Even minors can be prosecuted for sexual misconduct against other minors if the victim is 15 or younger, e.g. Florida Statute 800.04(5)

Sexual Performance by a Child

• Florida Statute § 827.071
• Using or encouraging a minor to engage in sexual activity
• Second-Degree Felony

Luring or Enticing a Child

• Florida Statute § 787.025
• Defined as when an adult (18 years or older) entices someone 12 or younger into a building.
• First-Degree Misdemeanor
  • Becomes a third-degree felony if the defendant is a convicted sex offender

Possession of Child Pornography

• Florida Statute § 827.071
• Second-Degree Felony

Penalties for Sex Crimes in Florida

Misdemeanor Sex Crime Sentences

• First-Degree Misdemeanor
  • 1 year in jail
  • Up to $1000 in fines
• Second-Degree Misdemeanor
  • 60 days in jail
  • Up to $500 in fines

Felony Sex Crime Sentences

• First-Degree Felony
  • 30 years or life in prison
  • Up to $10,000 in fines
• Second-Degree Felony
  • 15 years in prison
  • Up to $10,000 in fines
• Third-Degree Felony
  • 5 years in prison
  • Fines up to $5000
• Life Felony
  • Life in prison
  • Up to $15,000 in fines
• Capital Felony
  • Death Sentence
  • Life sentence in Prison without possibility of parole

Sex Crime Defense Attorney in Tampa, Florida

Being charged with a sex crime in Florida is one of the more serious charges a person can face. The defendant faces significant incarceration time if convicted, as well as tremendous fallout from simply being charged. An experienced criminal defense attorney can help you review the facts of the case and work to protect your rights.  Contact the Elsea Law Firm today for your free consultation with a Tampa Criminal Defense Attorney.