You probably know most of the more common sex crimes in Florida. Things like rape and prostitution. However, those aren’t the only acts that our state considers sex crimes. There are a number of lesser-known sex crimes that not only still carry the lifelong, devastating consequences of being a sex offender, but sometimes are even committed unintentionally.
Before engaging in any kind of sexual act or activity, make sure that you are aware of the laws and know your rights. If you are facing a sex crime charge, consult with a qualified criminal defense attorney as soon as possible to make sure that your rights are protected and to avoid lifelong consequences.
Statutory Rape and Sexting with Minors
This is one of the more important points to cover. If you are 24 or over and engage in a sexual relationship with anyone aged 17 or younger, you may be subject to statutory rape charges. If you are 18-23 you may or may not be subject to charges, but it is still not advisable to engage in a sexual relationship with a minor. The problem is that a minor is considered unable to give consent under the law, so even an act committed willingly by the minor party is considered non-consensual.
On top of this, if you engage in sexting with minors and are sent explicit images of your partner, you may face child pornography charges. Child pornography is one of the most seriously prosecuted sex crimes and carries lifelong consequences. If you are facing any kind of charges for sexual acts with a minor, it is imperative to consult immediately with a Florida criminal defense attorney.
Indecent exposure involves revealing one’s sexual organs in circumstances in which a reasonable person would or should be aware that this act may be seen by others and is likely to be affronting. This is usually in a public place, or potentially through an open window of a private place such as one’s home. In Florida, indecent exposure is considered a Class 1 Misdemeanor and carries a sentence of up to one year in jail, 12 months of probation and a $1000 fine, and potentially sex offender registration.
To prosecute for indecent exposure, the prosecution must prove that the defendant had unlawful intent, that the exposure occurred, and that it occurred in a public place. Importantly, in Florida, acts such as public urination and beach nudity are usually not considered to be indecent exposure, as the prosecution would be unable to establish the defendant’s lascivious intent. However, these acts may still carry criminal charges, so should be avoided.
Intentional Distribution of Non-Consensual Porn
Revenge porn is a hot topic these days, and for good reason. Every day, sexually explicit images are being published online without the victim’s consent, causing emotional distress and defaming the victim.
Florida has updated its sex crime laws to reflect this. In Florida, it is a misdemeanor to publish a sexually explicit image or video of another person along with personal identifying information to a website with intention of causing the depicted person emotional distress.
If you are facing a revenge porn charge, consult with a Florida criminal defense attorney to develop the best possible defense. To make a case, the prosecution must be able to prove beyond a reasonable doubt that you intentionally distributed the image or video, and that your intent in doing so was to harm the victim.
About the Author:
Attorney David W. Olson is the founder of the Law Offices of David W. Olson in West Palm Beach. He has been practicing criminal law and successfully representing clients throughout the State of Florida for over 30 years. Throughout his legal career, Mr. Olson has been honored numerous times for both his dedication and excellence in criminal law. He proudly holds the Martindale-Hubbell AV Rating, as well as being recognized as a Top 100 Trial Lawyer (2013), in the Nation’s Top One Percent of attorneys (2015), and as a 10 Best Member of the American Institute of Criminal Law Attorneys (2015). He has even received commendations from members of congress and other public officials for the fantastic work that he’s done. Mr. Olson graduated from the University of Florida’s Fredric G. Levin College of Law in 1981 and has been a member of the Florida Bar since 1983.