Blog
Florida Sex Crime Laws: Statutory Rape, Prostitution, Solicitation and Hiring a Lawyer
Contents
Florida Sex Crime Laws: Statutory Rape, Prostitution, Solicitation and Hiring a Lawyer
Sex crimes in Florida – including statutory rape, prostitution, and solicitation – carry serious penalties if convicted. Hiring an experienced criminal defense lawyer is crucial to build the strongest defense. This article provides an overview of key Florida sex crime laws, penalties, and defense strategies.
Statutory Rape Laws in Florida
Statutory rape occurs when an individual engages in sexual activity with a minor under Florida’s age of consent, which is 18 years old. It is a strict liability crime, meaning lack of knowledge of the minor’s age is not a valid defense
.Florida has several statutes that criminalize sex with minors:
- Lewd and Lascivious Battery involves sexual activity with a minor between 12-15 years old. This is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine
2
.
- Lewd and Lascivious Molestation involves touching in a lewd manner a minor under 16 years old. This is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine
3
.
- Unlawful Sexual Activity with Minors involves sexual activity with a minor between 16-17 years old. This is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine
4
.
Defenses for statutory rape charges may include
:
- Reasonable mistake of age – The defendant had an honest and reasonable belief the minor was over 18.
- Romeo and Juliet defense – The defendant and minor are within 4 years of age of each other.
- Entrapment – The minor lied about their age to trick the defendant.
Prostitution Laws in Florida
Under Florida statute 796.07, it is illegal to
:
- Engage in prostitution by offering to commit, or committing, sexual activity for hire
- Solicit another person to commit prostitution
- Purchase services from a prostitute
- Own, manage, or operate a house of prostitution or massage parlor for prostitution
Penalties depend on number of offenses:
- 1st offense: 2nd degree misdemeanor (up to 60 days jail, $500 fine)
- 2nd offense: 1st degree misdemeanor (up to 1 year jail, $1,000 fine)
- 3rd offense: 3rd degree felony (up to 5 years prison, $5,000 fine)
Defenses for prostitution charges include:
- Entrapment – The defendant was unfairly induced into committing a crime they otherwise wouldn’t.
- Misidentification – The defendant was mistakenly identified as the perpetrator.
- Fabrication – The allegations against the defendant were fabricated.
Solicitation of Prostitution Laws in Florida
Florida law prohibits soliciting, inducing, enticing, or procuring another to commit prostitution. This includes:
- Approaching someone suspected of being a prostitute and requesting sexual services
- Responding to an ad for prostitution services
- Using the internet to seek out prostitutes
Penalties are similar to prostitution:
- 1st offense: 1st degree misdemeanor
- 2nd offense: 3rd degree felony
Defenses for solicitation charges include:
- No actual agreement – The accused did not actually offer compensation for sexual activity.
- Misidentification – The defendant was mistaken for someone else.
- Entrapment – The defendant was unfairly induced into solicitation.
Hiring a Florida Sex Crimes Defense Lawyer
Being charged with a sex crime in Florida can have devastating consequences if convicted. Hiring an experienced criminal defense lawyer is critical to protect your rights and build the strongest defense to avoid these penalties.Key reasons to hire a lawyer include:
- Navigating complex laws – Sex crime laws are complex and a lawyer can identify the exact charges and penalties you face.
- Investigating the case – A lawyer will thoroughly examine all evidence and witness testimony to identify inconsistencies and weaknesses.
- Negotiating with prosecutors – Lawyers can negotiate with prosecutors to get charges reduced or dismissed.
- Trial experience – If a plea deal can’t be reached, a lawyer can defend you at trial.
- Protecting your rights – Lawyers ensure your legal and constitutional rights are upheld throughout the process.
When looking for a lawyer, make sure to choose someone with extensive experience handling Florida sex crime cases. Be wary of lawyers making unrealistic promises or guarantees. A qualified lawyer will be upfront about the challenges in your case while aggressively defending your rights.Facing sex crime charges in Florida can be frightening. But working with an experienced lawyer knowledgeable in Florida laws gives you the best chance at a positive outcome. Don’t hesitate to exercise your right to legal representation.
References
https://www.muscalaw.com/sex-crimes/statutory-rape/
https://www.husseinandwebber.com/crimes/sex-crimes/statutory-rape/
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0796/Sections/0796.07.htmlhttps://www.davidolsonlaw-firm.com/practice-areas/prostitution/https://www.husseinandwebber.com/crimes/sex-crimes/prostitution/http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0796/Sections/0796.07.htmlhttps://www.criminal-defense-dui.lawyer/fort-lauderdale-sex-crimes-lawyer/solicitation/https://iangoldsteinlaw.com/criminal-defense/sex-crimes/solicitation-prostitution/https://www.cohenandcohenlaw.com/practice-areas/sex-crimes/https://www.palmbeachdefense.com/sex-crimes-defense-attorney/