A person who is classified as a sexual offender has many restrictions placed on their freedom, where they can live, where they can travel, and places they can go to. The failure of a sex offender to report to local authorities is a crime in Florida that may result in a lengthy prison sentence. If you have been accused, or arrested for failing to report as a sex offender, it is important that you contact an attorney immediately. Anthony Rickman at the Rickman Law firm represents sex offenders who have failed to report to local authorities.
Under Florida Law, a convicted sex offender is required to register with local authorities in the jurisdiction which they live, work and/or go to school. As a convicted sex offender you are required to report twice per year to your local sheriff’s office to advise them of your living location. Additionally, Florida Law requires you to report to your local Sheriff within 48 hours of you temporarily changing residence. A convicted sex offender must also report in person to the Department of Highway Safety and Motor Vehicles and must give a copy of a completed sexual offender registration form, in order to obtain a Florida identification card or driver’s license.
Failure to report as a sex offender is a third degree felony. If convicted of failure to report as a Sex Offender you face up to five years in Florida State Prison and/or five years probation. If you have been accused of failing to report as a sex offender contact us today for a free consultation
Lewd and lascivious battery (statutory rape) is a serious sex offense. As Florida Statute 800.04 states, the crime of lewd and lascivious battery is committed when a person 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.”
The penalty for lewd and lascivious battery convictions varies depending on the age of both the victim and the offender. If convicted of lewd and lascivious battery, a defendant faces a mandatory prison sentence and mandatory registration as a sex offender on the Florida Sex Offender Registry. Lewd and lascivious battery is a second-degree felony punishable by up to 15 years in prison and up to 15 years of probation. If the victim is under the age of 12, a conviction can result in a minimum prison sentence of 30 years. For defendants under the age of 18, lewd and lascivious battery is a third-degree felony punishable by up to five years in prison. Repeat offenders are committing a first-degree felony punishable by up to 30 years in prison.
Cases involving lewd and lascivious battery accusations are complex and offer limited defense strategies. For example, the victim’s voluntary consent is not a permissible defense strategy for lewd or lascivious battery cases, and neither is a lack of knowledge of the victim’s age, either by ignorance or misrepresentation by the victim. Lastly, the victim’s lack of chastity is not a permissible defense.
If you have been accused of a serious crime like lewd or lascivious battery, it’s important that you contact an attorney that is highly experienced in these types of cases. Anthony Rickman is a skilled, knowledgeable, and experienced criminal defense attorney who has successfully handled numerous cases and allegations of lewd or lascivious battery. Mr. Rickman has been able to present information, evidence, and arguments that have resulted in the state reducing charges or completely dropping charges of lewd and lascivious battery filed against his clients.. Don’t delay, contact Anthony Rickman today for a free consultation.
Sexual Battery (Rape) is a very serious offense in the State of Florida. A conviction for sexual battery could result in your incarceration in the Florida State Prison as well as the requirement that you register a sex offender for the rest of your life.
Sexual battery is defined non consensual 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. It is important to note that a person under the age of 18 in the state of Florida cannot lawfully consent to sexual contact.
The degree of change and penalties for a sexual barmy conviction vary based not he circumstances and allegations against a person.
Sexual Battery of a Victim Under 12
Capital sexual battery of a victim under 12 is the most serious of the sexual battery charges. As Florida law states, “a person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age” commits a capital felony punishable by life in prison, and the designation as a sexual predator.
Forcible Sexual Battery
Anyone threatening to use or actually using a deadly weapon, or who uses physical force likely to cause serious personal injury commits a life felony. Penalties include a fine, up to life in prison, or both.
Sexual Battery Victim Offender Younger than 18 Victim younger than 12
A minor who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of someone younger than 12 years old is guilty of a life felony. Penalties include a fine, up to life.
Sexual Battery Victim Offender Older than 18 Victim older than 12
It is a First Degree felony punishable buy up to 30 years in prison to commit sexual battery on someone older than 12 when specified circumstances exist.
Sexual Battery
When the offender does not use physical force or violence likely to cause serious personal injury commits a felony of the second degree. Penalties include a fine, up to five years in prison, or both.
Sexual battery is a serious crime that is often the result of a false accusation. There are occasions where a consensual sexual act is reported as rape although both parties consented and agreed to the sexual contact. A false accession of sexual battery could lead to many problems including the loss of your livelihood, reputation, and freedom. If you have been accused of sexual battery it is important to contact an aggressive experienced attorney to fight against these accusations. Contact Anthony Rickman today for a free consultation.
As defined by the Florida Department of Law Enforcement, child pornography means “any image depicting a minor engaged in sexual conduct,” including photographs, videos, and computer files, among other forms of content involving a person under the age of 18 engaged in any form of sexual conduct.
Florida Statute 827.071 defines sexual conduct as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.”
Children photographed either nude or partially nude in a manner that doesn’t fit the definition of “sexual conduct” is not illegal. This type of content is referred to as “child erotica.”
It is important to note that having only one photo on your computer that is deemed child pornography is a violation of the law. Also photos images or videos that have been deleted from your computer may be recovered and used against you in a criminal case. Possession, distribution, transmit or manufacturing child pornography is a serious felony offense in Florida and possibly in our Federal Court System. If you have been accused in State or Federal Court of a crime related to child pornography, don’t delay contact Anthony Rickman for a free consultation.
Convictions on charges of possession of child pornography when you are in possession of less than 10 images is a third degree felony which is punishable up to 5 years in prison as well as fines not exceeding $5,000. If you are convicted of having more than 10 images you could be charged with a second degree felony with possible sentence of up to 15 years in prison with fines of up to $10,000. Any person convicted of child pornography or related sex crimes charge like child molestation or statutory rape must also register in the Florida Sex Offender Database.
Child pornography charges may also be prosecuted in Federal Court. The production, possession, and distribution of child pornography is prohibited by federal law. In the Federal system, a first time offender charged with transmission of child pornography faces a minimum mandatory sentence of 5 years in prison. A person convicted of production of child pornography faces a mandatory fifteen years in prison.
Child pornography cases are complex, and you need an experienced and skilled attorney to represent you and fight the Governments accusations. There are several defenses a person may have when accused of possession of child pornography. These defensives include attacking if the image is pornography, attacking the unlawful search of your home or computer, determining if you were entrapped by the police, and attacking if it was you who actually possessed or viewed the images. If you have been arrested accused or investigated for an accusation off possession of child pornography. Don’t Delay contact Anthony Rickman at The Rickman Law Firm.
Being accused of a crime that is sexual in nature, is a troubling, embarrassing, and life changing experience. If you have been accused of a sexually related office it is important that you contact an experienced defense attorney immediately. Anthony Rickman, Esq. is skilled and experienced in repressing his clients in both State and Federal Court who have been charged with a sexual offense.
Based on the nature of the charge, a person accused of a sexually related offense will likely suffer consequences above and beyond just the criminal accusation. Often times allegations of sexual misconduct are fabricated, exaggerated, and motivated by other reasons. If you are accused of a sex crime it is important to act quickly and hire an attorney who has the knowledge, skill, and experience to fight against these accusations. Attorney Anthony Rickman is aggressive and diligent in fighting your charge and the accusation against you before you ever step foot in a courtroom. Often times he is able to get the state to drop the charges and allegations against you before it ever gets to court. If you are under investigation, or contacted by the police regarding an allegation that is sexual in nature. It is important to know your rights before making any statement to law enforcement. If you have been contacted by law enforcement, had a warrant executed on your residence, or accused of a sex offense, Contact Anthony Rickman for a free consultation.
Once a sexually related charge has been brought against you, it is important to hire an attorney who has the courtroom experience to fight against these accusations. Anthony Rickman has the experience, skill, and knowledge to represent you in all stages of your criminal case. In analyzing your case, Mr. Rickman will look at the nature of the accusation, and the credibility and reliability of the witness. Using his skills that were learned as a prosecutor and perfected as a defense attorney, Anthony will provide you with the top notch representation needed to poke holes in the stats case and achieve a favorable outcome.
Often in sex cases, law enforcement uses techniques that may be illegal or in violation of your rights. Through his experience and knowledge Mr. Rickman will be able to look at the conduct of law enforcement to determine if you were the victim of police entrapment, illegally searched, illegally detained, or illegally questioned. If your rights have been violated by the police who are conducting your investigation then your case may be dismissed. If you have been accused of a sex offense it is important that you contact Anthony Rickman for a Free Consultation.