4 Things You Should Know About Cybersex Crimes
With the introduction and growth of the internet, there has also been an increase in the capabilities of cybersex. Cybersex crimes are a relatively new addition to criminal legal proceedings and trials. In the Florida legislature, cybersex crimes are tried harshly and can have very serious repercussions on your reputation and life if you have been falsely accused.
To help your case if you were wrongly accused of committing a cybersex crime, you need to equip yourself with the most up-to-date legal information and defense team. If you have been accused of committing a cybersex crime, you should immediately contact Rickman Law Firm for legal counsel and assistance from the premier Tampa sex crime defense attorneys.
1. What Constitutes a Cybersex Crime?
A Tampa criminal lawyer with The Rickman Law Firm is an expert on sexual assault legislation, case proceedings, and consequences, and will be the go-to source of knowledge concerning your accusation. They can help you understand the charges against you and the legal implications thereof. In cases of sexual assault, legal proceedings are extremely complex, and navigating the legal process without an expert criminal defense lawyer will only hurt your case.
Once provided with both your and the prosecuting party’s evidence, or after hiring an investigator to gather evidence, your lawyer will begin a thorough, meticulous examination of how the evidence is related to the allegation.
Some of the evidence that could be gathered and reported includes, but is not limited to:
- Any materials and documents obtained from the defendant seized by the prosecution
- Any evidence gathered via the means of electronic surveillance, including but not limited to wiretapping and electronic device recordings
- Personal background from witnesses, alibis, and informants, including all persons known to the prosecutor that could have any relevant information to the charged offense allegation
- Personal statements from witnesses, alibis, and informants, including all persons known to the prosecutor that could have any relevant information to the charged offense allegation
- Personal statements, oral or recorded, from the defendant
- Any evidence of material that could be tested for DNA samples
During a sex crimes case, the evidence-gathering process will include a step where, within 15 days of filing the Notice of Discovery, the prosecuting party is required to disclose the evidence gathered for you and your lawyer to inspect, test, and record. This part of the process is imperative in that there could be the discovery of exculpatory evidence or evidence that negates the guilt and proves the innocence of the defendant; it could result in case dismissal given that the exculpatory evidence is substantial and abundant.
2. What Are the Possible Consequences of Cybersex Crime Charges?
In the state of Florida, sexual assault – or sexual battery – is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.” Additionally, consent legally cannot be provided by any person under 18 years of age.
Sexual assault charges are considered severe in the state of Florida. The best criminal lawyer in Tampa will sit you down to discuss and explain the nature of the charges against you so that you are aware of your legal positioning, including the influence of evidence on the current and potential status of your accusation. This explanation should also inherently include the potential penalties and punishments for your accusation.
In the state of Florida, the severity of the punishments for a sexual assault accusation varies with the age of the plaintiff or the prosecution:
- If the defendant is 18 years of age or older and the plaintiff is younger than 12 years of age, they are guilty of capital felony, including a life sentence.
- If the defendant is 18 years of age or older and the plaintiff is 12 years of age old but younger than 18 years of age, they are guilty of a life felony, punishable by a lifetime sentence, addition to the sex offender registry, and a $10,000 fine
- If the defendant is 18 years of age or older and the plaintiff is 18 years of age or older and did not provide consent, they are guilty of a first-degree felony, punishable by up to 30 years in prison, addition to the sex offender registry, and a $10,000 fine
- If the defendant is younger than 18 years of age and the plaintiff is 12 years of age or older, they are guilty of a first-degree felony, punishable by up to 30 years in prison, and a $10,000 fine
3. What Happens When a Minor Is Involved?
When a minor is involved in a cybersex crime, charges, and relative punishments are far more severe. Consulting with a Tampa felony defense attorney can help you be able to reduce the charges, or even drop the charge.
One example of the variance in charge and punishment if a minor is involved is child pornography. If you are convicted of the production, possession, or distribution of child pornography, you will be charged with steep statutory penalties. However, the charge is changed to sexual extortion if the other party is above 18 years of age.
If a minor is charged with a cybersex crime, such as underage sexting, then they will also be tried, however initially with a first-degree misdemeanor, as provided in s. 775.082 or s. 775.083.
4. What Should I Do If I Am Accused of a Cybersex Crime?
If you are accused of a cybersex crime, you must take immediate action and contact a legal professional. The Rickman Law Firm’s highly-experienced attorneys are ready to fight for your justice. With the skill and specific legal knowledge of our expert attorneys, you will have a better chance of dropping fines, lessening sentences, or even getting your cybersex crime charge dropped.
For the best legal consultation, contact Rickman Law Firm. Our office is open 24 hours a day, 7 days a week for people in need of consultation, protection, and justice. Call us at 813-999-0502 or fill out our consultation form and one of our expert Tampa sex crime defense attorneys will quickly be in contact with you.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.