In this two-part article, an aggravated assault attorney in Tampa will discuss several of the most common sexual abuse crimes that individuals are prosecuted for. In the first section, we discussed Florida’s age of consent law and the penalty for statutory rape. In this section, we will focus on other criminal charges that can stem from a sex crime. Depending on the circumstances of the case, the severity of any of these crimes can greatly vary.
Florida Statute 847.0135 establishes child pornography laws and the varying penalty for this crime. As the law defines, if a perpetrator utilized a computer to “seduce, solicit, lure, or entice a person” believed to be a minor, the perpetrator will be issued a third degree felony that can result in up to 5 years in prison. However, if the perpetrator also traveled “any distance to attempt to engage” in sexual conduct with a minor, the penalty increases to a second degree felony with up to 15 years in prison.
Florida Statute 800.04 defines that any intentional touching (clothed or not) of a person less than 16 years of age in a lewd way, or any form of obscene sexual conduct towards a minor, is a federal crime that has three degrees of penalties dependent on the crime and the age of the perpetrator and the victim. These crimes can greatly vary but include everything from molestation to masturbation or exposing oneself to other sexual activities directed at a minor. The penalty can range anywhere from a third degree felony with a five-year prison sentence to a life sentence if the victim is under the age of 12.
Florida Statute 794.011 defines that sexual battery is when an individual either touches or engages in a sexual activity with a person that is restrained or held helplessly against their will. Broader terms for sexual battery include “rape” and “sexual assault” and the charge and penalty varies depending on the nature of the crime. For example, if a person that is sexually abused is mentally or physically incapacitated, under the age of 12, or if a deadly weapon was used in the attack, the penalty can magnify to align with the severity of the crime. In Florida, a sexual battery conviction can range from a third degree felony conviction to a capital felony conviction with life in prison or a death sentence.
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.