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

Under Florida Statute 794.011(1)(h), “Sexual Battery”, also referred to as rape, is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any object without their consent.

Aggravated Sexual Battery: Sexual Battery charges may be enhanced to Aggravated Sexual Battery when the basic elements for sexual battery are met and aggravated circumstances also exist. Those aggravated circumstances include (794.011(4)(e)) when the victim is helpless and can't resist, when the defendant takes advantage of a known mental problem the victim has, when the victim is threatened with force or violence or by retaliation against them or another person, when the victim is physically incapacitated or when the victim is unknowingly drug to the point of incapacitation. Aggravating circumstances also occur when the defendant is in a position of authority over the victim, such as a law enforcement officer or government agent.

Other Sexual Battery Statutes:

• Sexual Battery on a Child Under the Age of 12 (794.011(2)): oral, vaginal, or anal contact with a child under the age of 12, regardless of consent.
• Sexual Battery with a Deadly Weapon (794.011(3)): oral, anal, or vaginal contact with another person as a result of the use or threatened use of a deadly weapon, without consent.
• Sexual Battery Likely to Cause Serious Personal Injury (794.011(3)): oral, vaginal, or anal contact with another person as a result of using physical force that is likely to cause serious personal injury, without consent.

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.

• Sexual Battery (Rape) is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Aggravated Sexual Battery on a Person Aged 18 Years or Older is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.
• Aggravated Sexual Battery on a Person between the Age of 12 to 18 Years is considered a life felony, which is punishable by up to life imprisonment and up to $10,000 in fines.
• Sexual Battery on a Child Under 12, otherwise known as Capital Sexual Battery, by a person aged 18 years or older is considered a capital felony, which is punishable by a required lifetime prison sentence without the possibility of parole.
  • Sexual Battery on a Child Under 12 by a Person Under 18 is considered a life felony, which is punishable by up to life imprisonment and up to $10,000 in fines.
• Sexual Battery with a Deadly Weapon is considered a life felony, which is punishable by up to life imprisonment and up to $10,000 in fines.
• Sexual Battery Likely to Cause Serious Personal Injury is considered a life felony, which is punishable by up to life imprisonment and up to $10,000 in fines.

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, or the clothing covering them, 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.

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.

• Lewd or Lascivious Molestation by a person 18 or older on a Child Under 12 is considered a life felony, which is punishable by up to life imprisonment and up to $15,000 in fines.
• Lewd or Lascivious Molestation by a person 18 or older on a Child 12 or Older, but Under 16 is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Lewd or Lascivious Molestation by a person less than 18 years old on a Child Under 12 is considered a felony of the second degree up to 15 years imprisonment and up to $10,000 in fines.
• Lewd or Lascivious Molestation by a person less than 18 years old on a Child 12 or Older, but Under 16 is considered a felony of the third degree up to five years imprisonment and up to $5,000 in fines.

Lewd or Lascivious Conduct

Under Florida Statute 800.04(6), “Lewd or Lascivious Conduct” is defined as intentionally touching a person under the age of 16 in a lewd or lascivious manner; or soliciting a person under 16 years of age to commit a lewd or lascivious act.

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.

• Lewd or Lascivious Conduct by an offender 18 years of age or older is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Lewd or Lascivious Conduct by an offender less than 18 years of age is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

Lewd or Lascivious Exhibition

Under Florida Statute 800.04(7), “Lewd or Lascivious Exhibition” is defined as intentionally masturbating, exposing genitals in a lewd or lascivious manner, or committing any other sexual act that does not involve physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the stimulation of any act involving sexual activity.

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.

• Lewd or Lascivious Exhibition by an offender 18 years of age or older is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Lewd or Lascivious Exhibition by an offender less than 18 years of age is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

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.

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 up to five years imprisonment and up to $5,000 in fines.