Florida has amended section 903.133 of the state code with a goal of protecting minors from sexual predators. According to the provisions of 903.132, any offender sentenced to felony convictions for the charges of sexual offenses against children will not be permitted to get bail while their appeal is under consideration.
The New Amendment is Effective from October 1st, 2020
Any crime that necessitates the addition of the offender’s name in the official state registry is now covered under this law. The law recognizes that offenders cannot be allowed to return to the community while any post-trial motion or appeal for their sentence is under consideration.
This rule applies to any sexual offender who has been found guilty of a first degree felony for violating laws including 782.04, 787.01, 794.01, 806.01, 19 893.13, or 893.135. It only applies in cases where the victim was under the age of 18 at the time of the crime.
Crimes Covered Under the New Amendment
At the time of the crime, if the offender is 18 years and above and the victim is a minor, courts will not be allowed to grant supersedeas bonds.
The crime need not have occurred in a person-to-person environment. Situations where the defendant attempted to solicit a minor over the internet without meeting previously in person are still covered under lewd and lascivious acts. This type of behavior is punishable in both federal and state courts.
Lewd and Lascivious Acts Incur Consecutive Sentences
Possible penalties for a first degree felony from this section of state code include prison and extensive fines. The term of incarceration ranges from 10 years to 30 years and the fine can be as high as $250,000.
Not only are the offender’s name and personal information details added to the state registry, but the accused will face trials in both federal and state courts. Whatever sentences are passed by the courts must be served consecutively, which effectively increases the total imprisonment term, often substantially. If the defendant wishes to appeal their sentence, they are permitted to do so, but cannot be released from prison during the appeal.
Florida Has Strict Penalties for Sexual Misconduct Against Minors
Similar to nationwide laws, Florida has harsh penalties for any sexual misconduct against minors. That includes any kind of unlawful contact including exhibition, sharing pornography, soliciting minors over the internet, false imprisonment, or any other lewd and lascivious acts. Florida also has the Statutory Rape law where a minor’s purported “consent” is considered irrelevant.