There are few criminal charges that police and prosecutors pursue as aggressively as sex crimes involving minors. Even seemingly minor transgressions are thoroughly investigated and fully prosecuted, if possible. In Sanford, for instance, cops were recently on the lookout for a man who allegedly made “vulgar sexual comments” to two girls walking home from school. After getting two separate calls about a young white male who had driven up to the girls and made lewd remarks. Police posted on Facebook about the incidents, describing the suspect and his vehicle and asking local residents to report any sightings.
Understanding Florida Sex Crime Laws
In a case like the one in Sanford involving vulgar sexual comments directed at minors, a suspect could face several charges, depending on the specific circumstances and evidence.
Lewd or Lascivious Conduct
Florida Statute §800.04(6) criminalizes lewd or lascivious conduct involving minors under 16 years old, including intentional touching or solicitation of lewd acts. The penalties for this offense vary based on the offender’s age. For those 18 and older, it’s a second-degree felony punishable by up to 15 years in prison, 15 years of sex offender probation, and a $10,000 fine, with a typical minimum sentence of 30 months in prison followed by at least two years of probation.
For offenders under 18, it’s classified as a third-degree felony, carrying a maximum sentence of 5 years in prison. These penalties can be more severe for individuals with prior convictions for certain specified offenses.
Harmful Communication to a Minor
Florida Statute 847.01385 criminalizes harmful communication to minors. This law could apply if the comments form a “pattern of communication” and include “explicit and detailed descriptions of sexual activity”. The offense is classified as a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
How an Orlando Criminal Defense Attorney Can Help
A sex crimes lawyer in Orlando can help you understand the specific charges you’re facing and the potential consequences. An experienced sex crimes lawyer might challenge:
- The subjective interpretation of “obscene” or “lewd” language
- Lack of evidence showing intent to solicit sexual activity
- Constitutional issues with free speech protections
- Credibility of witness accounts.
A good criminal defense attorney will work to protect your rights by investigating all aspects of the case, holding police accountable for procedural errors and challenging the evidence. They work to protect you against false accusations, intimidating police interviews, and overzealous prosecution.
If the evidence is overwhelming and prosecutors have a tight case, your attorney may be able to negotiate a plea deal to reduce the charges to misdemeanor harassment. A possible sentence of probation with counseling, depending on the defendant’s criminal history. The best chance of avoiding lifelong registration as a sex offender is to contact an experienced and aggressive criminal defense attorney as soon as possible.
Remember, being accused of a sex crime doesn’t mean you’re guilty. Everyone deserves a strong defense and fair treatment under the law. False accusations do occur, and misunderstandings can lead to unwarranted charges. A skilled sex crimes lawyer in Orlando will investigate all aspects of your case to uncover the truth and present the strongest possible defense.
If you’re facing sex offense charges in Orlando, time is of the essence. The sooner you involve a qualified attorney, the better your chances of a favorable outcome. Don’t let the fear and stigma associated with these charges prevent you from seeking the legal help you need. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm today and take the first step towards protecting your future. Call today.
