What is a Sex Offender?
A sex offender is a person who’s committed sex crimes against another person, like sexual battery or sexual conduct with a minor.
Specifically, Florida views sex crimes through the lens of the umbrella term, forcible sex offenses. These crimes are labeled as such when a sexual act is directed against another person against that person’s will (or regardless of consent if the victim is incapable of giving it).
Victim age or their relationship to the offender do not matter in cases involving sex acts or forcible attempts. With this in mind, specific sex crimes are subdivided into several additional categories by the Florida penal code.
According to Florida Statute 794.011, sexual battery occurs when the perpetrator has sexual contact (oral, anal or vaginal) with a victim using their penis, vagina or object without consent. Sexual battery offenses vary and can include:
- Rape: Rape is synonymous with sexual battery in Florida and involves unconsenting sexual touching or intercourse with a victim.
- Statutory Rape: Statutory rape is sexual activity with a minor. Specifically, it is sexual battery with a victim younger than 12, where the victim is too young to consent.
- Aggravated Sexual Battery: Aggravated sexual battery is sexual activity with a victim under aggravated circumstances. These might include: coercion with the threat of personal injury, mental or physical incapacitation due to being drugged, mental defect, physical helplessness or incapacitation. An offender may also be charged if they hold a position of authority.
- Sexual Battery Likely to Cause Serious Bodily Injury: Some sex crimes are more likely to injury the victim. This is sexual battery in which the offender uses such severe physical force that it is likely to cause physical injury.
The biggest element in sexual assault is a lack of consent, but even consenting encounters can cross the line. If you’ve been accused of a sex crime, get in touch with a Kissimmee sex offender lawyer at Smith & Eulo Law Firm.
Lewd and Lascivious Acts
- Battery: Lewd and lascivious battery occurs when a perpetrator engages in sexual activity with a victim over 12 but younger than 16 or forces/entices anyone younger than 16 to engage in sexual activities.
- Molestation: Lewd and lascivious molestation occurs when a perpetrator intentionally touches the private body parts (clothed or unclothed breasts, genitals or buttocks) of a person under 16, or forces the victim to touch the perpetrator.
- Conduct: Lewd and lascivious conduct occurs when a perpetrator intentionally touches a minor under 16 in a lewd or lascivious manner or solicits them to commit a lewd or lascivious act.
- Exhibition: Exhibition occurs when a perpetrator Intentionally masturbates, exposes their genitals or commits any other sexual act that does not involve sexual contact with the victim, including sadomasochistic abuse, bestiality, or the simulation of any sexual act in front of a victim younger than 16.
If you’ve been accused of lewd and lascivious acts, it’s no laughing matter. These charges can follow you for the rest of your life, so don’t wait to hire an experienced Kissimmee sex offender lawyer.
Sex Offender Penalties
Sex offenders may face a wide variety of penalties for sexual battery and lewd and lascivious crimes, because so many factors impact the severity of each crime.
At a base level, sexual battery is a second degree felony, resulting in up to 15 years in prison, 15 years of probation and up to $10,000 in fines. But the punishment is more severe in cases involving aggravated sexual battery (first degree felony, up to 30 years in prison) or sexual battery against minors (life felony).
The same is true of lewd and lascivious crimes. For instance, lewd and lascivious battery carries a minimum of 7 years in prison or probation. However, depending on the victim’s age and additional behaviors (molestation, exhibition, etc.), sex offenders can face up to 15 years in prison for lewd and lascivious acts.
Accused of Sex Offenses in Kissimmee? Call Our Attorneys.
Sex offenses are some of the most severe crimes. If you’re found guilty, your reputation will forever be altered in the eyes of friends, neighbors, potential employers and the law. Don’t face these charges alone. Trust Smith & Eulo Law Firm’s Kissimmee criminal defense attorneys to defend your case and your good name. Schedule a free case evaluation and face the charges head on.