Florida’s sex crime laws are notoriously some of the most aggressive in the country. From sexual battery to computer pornography, the state is designed to prosecute these cases with a "conviction at all costs" mentality. Because our founding attorney, Drew McCulloch, is a former prosecutor who has tried over 100 cases to verdict, we know exactly how the State builds its playbook. We use that inside knowledge to dismantle their case before it even reaches a jury.

We have stood in living rooms and holding cells with good people who are facing this exact nightmare. We know that in Florida, being accused of a sex offense is unlike any other criminal charge. It carries a stigma that can destroy a reputation before a single piece of evidence is even presented in court.

(1) The Meaning: What Actually Counts as a "Sex Offense"?

In Florida, the term "sex offense" is a massive, sprawling legal net. It catches everything from violent physical assaults to a teenager making a mistake on a smartphone.

When clients come to our office in Tampa, they are often shocked by how broad the definition is. You don't have to be a predator lurking in the bushes to be charged. In fact, many of the cases we defend involve people who thought they were in consensual relationships or individuals who made a lapse in judgment online.

Legally, Florida statutes categorize these crimes based on a few core concepts.

I) The Question of Consent

Most sex crimes hinge on whether consent was given. But Florida law gets complicated here.

• Force or Threat: Obviously, if force is used, it is a crime.

• Incapacity: This is the gray area where many cases live. If a person is intoxicated by drugs or alcohol to the point where they don’t know what is happening, the law says they cannot consent. It doesn't matter if they said "yes" in the moment. If the state can prove they were incapacitated, you can be charged with sexual battery.

II) The Age Factor (Strict Liability)

This is a trap that destroys many young lives. In Florida, "consent" does not exist if the victim is under a certain age.

• If an adult (18+) engages in sexual activity with a minor (under 16), it is a felony.

• Even if the minor lied about their age.

• Even if the minor initiated the contact.

• Even if the minor’s parents approved.

The law calls this Strict Liability. Your intent doesn't matter. Your knowledge of their age doesn't matter. The only thing that matters is the birth date on the driver's license.

III) The Digital Frontier

We are seeing a massive spike in "non-contact" crimes.

• Computer Pornography: Possessing or sharing images of minors.

• Video Voyeurism: Secretly recording someone in a bathroom, changing room, or bedroom.

• Online Solicitation: Chatting with someone you believe is a minor (even if it’s actually a detective).

(2) The Charges: How Florida Punishes Sex Crimes

Florida is widely considered to be one of the toughest states in the nation when it comes to sex crimes. The state legislature has created a punishment system that is designed to send people to prison for a long time.

Sex offenses carry massive point values.

Capital Felony offenses include Sexual Battery involving a victim under 12 years old. These charges carry the most severe penalties, including life imprisonment or the death penalty. There is no maximum fine listed. Lifetime sex offender registration is required.

A 1st Degree Felony includes Sexual Battery involving a weapon or use of force. The maximum prison sentence can be up to 30 years or life imprisonment, along with a fine of up to $10,000. Lifetime registration is required.

A 2nd Degree Felony includes charges such as Lewd or Lascivious Molestation and Traveling to Meet a Minor. These offenses carry a maximum sentence of up to 15 years in prison and a fine of up to $10,000. Lifetime registration is required.

A 3rd Degree Felony includes offenses like Video Voyeurism, Computer Pornography, and Failure to Register. The maximum penalty is up to 5 years in prison and a fine of up to $5,000. Lifetime registration is required.

A Misdemeanor offense, such as Exposure of Sexual Organs for a first offense, can result in up to 1 year in jail and a fine of up to $1,000. Registration requirements vary depending on the specific case.

We analyze your charges based on the Florida Criminal Punishment Code. This is a scoresheet system. Every crime is assigned a point value. If your total points go over 44, a prison sentence is mandatory unless we can find a legal reason for the judge to depart from the guidelines.

(3) The Registry: The "Scarlet Letter"

If prison is the physical punishment, the Sex Offender Registry is the psychological one. It is a lifetime sentence of shame and bureaucracy.

We tell our clients that avoiding the registry is often our number one priority. Once you are on it, getting off is nearly impossible.

I) What Registration Looks Like

It isn't just a list. It is a lifestyle. Under Florida Statute § 943.0435, being a registered sex offender means:

• Public Exposure: Your photo, home address, car description, and physical traits are posted on the Florida Department of Law Enforcement (FDLE) website. Your boss, your neighbor, or even your date can find it in seconds.

• Reporting Requirements: You must show up to the Sheriff’s office in person. Often this is twice a year, or four times a year if you are designated a "Sexual Predator."

• The 48-Hour Leash: You cannot move freely. If you change your address, change your job, change your car, or even change your email address, you have 48 hours to report it in person. If you are late even by an hour, you can be arrested for "Failure to Register," which is a third-degree felony.

II) Where You Can Live (Residency Restrictions)

This is the part that makes life unlivable for many. Most cities and counties in Florida have ordinances that ban sex offenders from living within 1,000 to 2,500 feet of "safe zones."

• Schools

• Daycares

• Public Parks

• Playgrounds

• Bus Stops

In a crowded city like Tampa or Orlando, these zones overlap. It creates a map where almost nowhere is legal to live. We have seen clients forced to live in motels or rural areas miles away from their families just to comply with the law.

(4) How McCulloch Law Fights For You

When you hire McCulloch Law, we go to war for your reputation. Drew McCulloch creates a defense strategy that attacks the state’s case from every angle.

I) The Pre-Filing Intervention

Most people wait until they are formally charged to hire a lawyer. That is a mistake. The window between your arrest and the moment the state attorney officially files charges is typically 21 to 30 days. We act fast. We contact the prosecutor immediately.

• We tell your story. Police reports are one-sided. We present the context. Maybe the "victim" has a motive to lie (custody battle, bad breakup). Maybe the text messages show the encounter was consensual.

• The Goal: We try to convince the prosecutor to drop the case or file lesser charges before the ink is even dry. If we can get a "Sexual Battery" downgraded to a "Battery," we might save you from the registry entirely.

II) Attacking the Science

In sex crimes, the "evidence" is often more fragile than it looks.

• DNA: It proves contact, not consent. Just because your DNA was found doesn't mean a crime occurred if the act was consensual.

• SANE Exams (Rape Kits): We hire independent medical experts to review the nurse's findings. Often, the physical signs of "force" can be explained by other causes.

• Digital Forensics: In computer cases, we ask, "Who else had access to that computer?" Was it a virus? Was it a pop-up? The state has to prove you downloaded it, not just that it was on your hard drive.

III) Depositions and Credibility

Florida allows us to depose witnesses before trial. This means we get to question the accuser under oath.

We find the cracks in the story.

• Did they change their timeline?

• Did they brag about the encounter to friends afterwards?

• Are they trying to get a visa or financial gain?

We expose the truth that the police ignored.

(5) The "Jimmy Ryce" Act: The Hidden Danger

There is one more thing you must know. Florida has a civil commitment law called the Jimmy Ryce Act.

If you are convicted of a violent sex crime, the state can evaluate you before your prison sentence ends. If they decide you are a "Sexually Violent Predator" who is likely to re-offend, they can transfer you from prison to a civil commitment center.

• You are not free.

• You stay there indefinitely until you are "cured."

• For many, this is effectively a life sentence.

We keep the Jimmy Ryce Act in mind from day one. We structure plea deals and defenses specifically to avoid the triggers that lead to civil commitment.

(6) Why You Need a Human Approach

We understand the shame. We know you are afraid to tell your spouse, your parents, or your friends. We know you feel like everyone is looking at you differently.

We don't judge you.

Our office is a safe harbor. When you walk through our doors, you are not a "suspect" or an "offender." You are our client. You are a person with rights. And you are a person who deserves a vigorous, aggressive defense.

We have handled hundreds of these cases. We know the prosecutors. We know the judges. We know which arguments work and which ones don't.

Contact McCulloch Law today. Let us look at the evidence. Let us find the inconsistencies. Let us stand between you and the state of Florida.