Dedicated DeLand Criminal Defense Attorney for Sex Crimes

If you have been charged with a sex crime in DeLand, Deltona, Daytona Beach, or another area in Volusia County, and are seeking aggressive, honest criminal defense representation, contact the Law Office of Leanna J. Smith today.

Sex Crimes in Florida

Sexual Battery (Rape)

Under Florida Statute 794.011, “Sexual Battery (Rape)” is defined as oral, anal, or vaginal contact with using a sexual organ or other object on another person without their consent.

Enhanced forms of sexual battery include aggravated sexual battery under aggravating circumstances, sexual battery on a child under the age of 12, sexual battery with a deadly weapon, and sexual battery likely to cause serious personal injury.

Penalty: the penalty for sexual battery is dependent upon both the age of the victim and the offender, in addition to any aggravating circumstances. When convicted of sexual battery, a person must serve the entirety of their prison sentence, and are ineligible for gain time.

Those convicted of sexual battery are designated as a sexual offender or sexual predator for their entire lives without the eligibility to petition themselves for removal from state or federal registration laws, and are lawfully required to comply with all sexual offender and predator registration laws.

Lewd or Lascivious Molestation

Under Florida Statute 800.04(5), “Lewd or Lascivious Molestation” is defined as intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks of a child under 16 years of age; or encouraging, enticing, or forcing a child under 16 years of age to so touch another person in a lewd or lascivious manner.

The term Lewd or Lascivious is defined as wicked, lustful, unchaste, licentious, or sensual intent.

Penalty: the penalty for lewd or lascivious molestation is dependent upon whether the offender was an adult or minor, in addition to whether the victim was under the age of 12.

Those convicted of lewd or lascivious molestation must serve sex offender probation, and will be declared as a sexual offender, resulting in lawful compliance with all state and federal sexual offender registration laws for the remainder of their lives.

Lewd or Lascivious Conduct

Under Florida Statute 800.04(6), “Lewd or Lascivious Conduct” is defined as intentionally touching a child under the age of 16 in a lewd or lascivious act.

The term Lewd or Lascivious is defined as wicked, lustful, unchaste, licentious, or sensual intent.

Penalty: the penalty for lewd or lascivious conduct is dependent upon whether the offender was a minor or an adult when the act was committed.

Those convicted of lewd or lascivious conduct must serve sex offender probation, and will be declared as a sexual offender, resulting in lawful compliance with all state and federal sexual offender registration laws for the remainder of their lives.

Lewd or Lascivious Exhibition

Under Florida Statute 800.04(7), “Lewd or Lascivious Exhibition” is defined as intentionally masturbating, exposing genitals, or committing any other sexual act, including the simulation of sexual activity that does not involve physical or sexual contact, in the presence of a child under the age of 16.

The term Lewd or Lascivious is defined as wicked, lustful, unchaste, licentious, or sensual intent.

Penalty: the penalty for lewd or lascivious exhibition is dependent upon whether the offender was a minor or an adult when the act was committed.

Failure to Register as a Sexual Offender in Florida

Under Florida Statute 943.0435(2), “Failure to Register as a Sexual Offender” is defined as when a sexual offender or predator knowingly fails to comply with Florida’s sexual offender or predator registration policies.

Sexual Offenders or Predator Registration Requirements:

Penalty: failure to register as a sexual offender in the state of Florida is considered a felony of the third degree, which is punishable by a minimum of 21 months imprisonment, or up to five years imprisonment, five years of probation, and up to $5,000 in fines.

Under Florida’s Criminal Punishment Code, judges are often required to impose higher minimum prison sentences than 21 months due to the fact that the sexual offender or predator has already been convicted of a sexual offense.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against charges for sex crimes in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
Criminal Defense