Child molestation is a very serious charge in the state of Florida. Penalties can include prison time and lifetime registrations in both the Florida state Sex Offender Registry and the National Sex Offender Registry. Even if you are not guilty or convicted, the claim alone will most likely ruin your reputation.
What Constitutes Child Molestation in Florida?
Florida’s Criminal Statutes states that a person who intentionally touches the genital area, breasts, or buttocks, or the clothing covering up those areas, of a child who is less than 16 years of age, or entices or forces a child under 16 years of age to touch the perpetrator in these areas, commits an act of lewd or lascivious molestation.
According to Florida Statute § 800.04(5), child molestation involves indecent or sexual activities committed between an adult and a child under 16.
In Florida, criminal offenses involving alleged acts of child molestation can be criminally charged under multiple offenses, such as:
Lewd or lascivious battery
Lewd or lascivious conduct
Lewd or lascivious exhibition
Lewd or lascivious molestation
The Penalties of Child Molestation in Florida
It is important to understand that child molestation and sexual crimes involving a child under who is the age of 16 are “strict liability crimes.” In strict liability criminal offenses, a defendant cannot argue that he or she did know the child’s actual age or that the child consented to the sexual act.
Florida Criminal Statutes state that a person who deliberately touches in a lustful or lascivious way the breasts, genital area, buttocks, genitals, or the clothes that are covering up those areas, of a child less than 16 years of age, or entices or forces a child under 16 years of age to touch the perpetrator, perpetrates the crime of lewd or lascivious molestation.
The crime of lewd molestation of a minor child is a “life felony,” second-degree Felony, or a third-degree felony. The degree of charge depends on the age of the minor child and the perpetrator’s age:
- Life Felony: lewd molestation of a minor child under 12 by an adult over 18 years of age;
- Second-Degree Felony: lewd molestation of a minor child under 12 by a person under 18 or of a minor child between the ages of 12 and 16 by an adult over 18 years of age;
- Third-Degree Felony: lewd molestation of a minor child between 12 and 16 by an adult under 18 years of age.
If the defendant is convicted of committing Lewd and Lascivious Battery in the second degree, a judge is obligated to sentence the defendant to a minimum prison sentence of 34½ months and may also sentence the defendant to any combination of the following punishments: up to 15 years of sex offender probation, up to 15 years in prison, or up to $10,000 in fines.
Another particularly serious result of being convicted of lewd and lascivious battery is being labeled a sex offender for life.
Penalties for Child Molestation Charges in Florida
Crimes involving the sexual abuse of minor children are typically charged as felony offenses. To determine the degree of the offense, law enforcement and prosecutors use the following guidelines. The victim’s age and alleged offender’s age will typically determine the severity of the penalties that could be handed down to the defendant:
- If the victim’s age is 12 years of age or older but less than 16 years of age, and the offender under the age of 18, the crime is a third-degree felony, which is punishable by a minimum of 3 years in prison and a maximum prison sentence of 15 years.
- If the victim’s age is less than 12 years of age, and the offender’s age is less than 18 years of age, the crime is a second-degree felony, which is punishable by a minimum prison sentence of 4 ¼ years and a maximum prison sentence of 15 years.
- If the victim’s age is 12 years of age or older but less than 16 years of age and the offender’s age is 18 years or older, the crime is a second-degree felony, which is punished with a minimum prison sentence of 4 ¼ years, and a maximum prison sentence of 15 years.
- If the victim’s age is less than 12 years of age, and the offender’s age is 18 years of age or older, the crime is a life felony, which is punishable by a minimum prison sentence of 25 years in prison plus probation or community control for the remainder of the person’s natural life, and a maximum sentence of life in prison.
Child Molestation Defenses in Florida
An experienced child molestation defense attorney will conclude whether the state’s evidence against you could be dismissed or suppressed if your arrest involved:
- Forensic investigation errors,
- Miranda rights Violations,
- Right to counsel was denied, or
- The contact was incidental, or there was no lewd intent, and you did not deliberately touch the child for purposes of arousal or sexual gratification.
A defense used in a child molestation case involves exposing false allegations. The following are examples:
- A social worker or child care worker asked guiding questions during an investigation, leading to a false allegation.
- You were falsely accused by someone who is trying to punish you.
- You were falsely accused by someone seeking to extort a monetary settlement from you.
- The alleged victim was pressured or coached or by law enforcement officials, healthcare professionals or prosecuting attorneys or to report molestation even though none transpired.
- An ex-spouse falsely accused you in the middle of a custody proceeding or contentious divorce.
- You were falsely accused by another person who misrepresented an innocent touch.
Defenses to Child Molestation Charges in Florida
Consent by the victim, lack of chastity on the part of the victim, or the defendant’s ignorance of the victim’s age is not permit-table defenses for child molestation cases. Tragically, some people are wrongly accused of this crime, and they have no choice but to defend themself to the fullest extent of their capabilities. Therefore, the most common defense strategy in child molestation cases is to attack the allegations. Most of the time, false allegations occur due to jealously, mental illness of the accuser, or the manipulation of a minor child through an angry parent. That is why it is critical for our Child Molestation Defense Lawyers to thoroughly investigate all motives that exist from the accuser or those influencing the accuser into making a false allegation of child molestation.
Defenses Prohibited in Child Molestation Cases in Florida
Florida Statutes § 800.04(2) and § 800.04(3) state the following criminal defenses are prohibited in lewd or lascivious molestation cases:
- The alleged victim gave consent. A defendant may not claim that actions were justified simply because the minor child gave the perpetrator permission.
- The belief or ignorance of the alleged victim’s age. Neither your ignorance nor your belief in the alleged victim’s misrepresentation of their age can be used as a defense.
- The alleged victim’s absence of chastity. A victim’s past sexual experience cannot be raised, even if the alleged victim is a sex worker.
Penalties if convicted in Child Molestation Cases
If convicted of child molestation in the state of Florida, a person can expect to spend a long time in prison, from a minimum of 25 years up to a maximum life sentence. The Florida child molestation laws are in place to protect children ages 16 and under from being exploited by adults who prey on children for their own deviant sexual needs and wants. Even once those convicted are released from prison, they continue to face extreme and lasting consequences.
Things that could happen if convicted:
- Your name will be permanently added to the National Sex Offender Registry.
- You will never be permitted to work unsupervised with children.
- You will no longer have the right to live and travel wherever you want. Your movements will forever be restricted.
- Most employers will not hire a convicted child molester, or anyone who is convicted of a sex crime against children. If they do, you cannot under any circumstance work with or around children.
- You may be required to stay within a certain amount of feet away from children, and this could even include your own children.
Florida Child Exploitation crimes
These types of crimes are highly emotional. Individuals charged with these crime usually experience things other individuals with criminal charges. People are quick to judge them. This is even before the court has past judgment. I explain to people there is almost a presumption of guilt. Prosecutors are pressured to give them defendant the highest possible offers because they don’t want them be perceived as weak on these types of crimes. This environment is nothing like any other type of case that’s why its important that you hire an attorney that has experience in these types of cases.
Child Exploitation Crimes in Florida
There are several crimes against children which fall into the child exploitation category. These are crimes which are done against children for the purposes of gratifying oneself.
Child exploitation crimes may include the following:
- Child pornography
- Child trafficking
- Child sex trafficking
- Child prostitution
- Dangerous labor
- Online inducement of children for sexual acts
- Distribution of child pornography
- Child sex tourism
- And more
Severe and Life Changing Penalties for child exploitation crimes in Florida
The penalties that child exploitation criminals face in the state of Florida are extremely severe, and include fines of up to $10,000 and the possibility of life in prison. The following are some examples of what you could be facing if you have been charged or convicted of this crime. Sex trafficking of a minor is a felony, and you could face:
- Up to 30 years in prison and
- $10,000 in fines
Using a minor for prostitution is a felony and you could face:
- Up to 15 years in prison and
- Fines of up to $10,000
Child computer pornography is a felony, and you could face:
- Up to 5 years in prison and
- Fines of up to $5,000