Aggravated Sexual Battery

There are several forms of Sexual Battery that can be committed in Florida.

Aggravated Sexual Battery is committed when a person has oral, anal, or vaginal contact with another person using their sexual organ or an object under an aggravating circumstance.

Under Florida Statute 794.011, the crime of Sexual Battery is committed when a person has non-consensual oral, anal, or vaginal contact with another person using their sexual organ or an object.

In addition to the standard crime of Sexual Battery, there are several enhanced forms that can be committed in Florida.

Aggravating Circumstances

• The victim is physically helpless to resist.
• The victim is coerced by threats of force or violence likely to cause serious injury.
• The victim is coerced by threats to retaliate and believes the offender can execute the threat.
• The victim is unknowingly drugged and incapacitated.
• The victim was taken advantage of due to a known mental defect.
• The victim is physically incapacitated.
• The offender is a law enforcement officer or a person in authority.

Lewd Or Lascivious Battery

In Florida, Lewd or Lascivious Battery criminalizes consensual sexual intercourse with a child older than 12 but younger than 16.

Under Florida Statute 800.04(4), this crime is committed when a person:

• Engages in sexual activity with a child older than 12 but younger than 16; or
• Encourages, forces, or entices a child in this age range to engage in sexual acts.

Strict Liability Crime

Lewd or Lascivious Battery is a strict liability crime, meaning ignorance of the child's age is not a defense.

Penalties For Lewd Or Lascivious Battery

This is a Second Degree Felony punishable by up to fifteen years in prison, fifteen years of sex offender probation, and a $10,000 fine.

Under Florida’s Criminal Punishment Code, it is a Level 8 offense, requiring a minimum sentence of 74 months in prison followed by at least two years of sex offender probation.

A person sentenced is ineligible for gain time and must serve their sentence day-for-day.

Civil Consequences

A person convicted will be designated a sexual offender and must comply with registration laws for life.

Romeo And Juliet Exception

Certain individuals may petition the court to avoid sex offender registry requirements, but strict criteria must be met.

Lewd Or Lascivious Molestation

Under Florida Statute 800.04(5), this crime is committed when a person intentionally touches the breasts, genitals, or buttocks of a child younger than 16 in a lewd manner, or entices the child to touch another person in such a way.

Definition Of “Lewd Or Lascivious”

Defined as wicked, lustful, unchaste, licentious, or sensual intent.

Strict Liability Crime

Ignorance of the child’s age or arguments of consent are not valid defenses.

Penalties For Lewd Or Lascivious Molestation

The penalties depend on whether the offender was an adult or minor, and whether the child was under 12.

Lewd Or Lascivious Conduct

This crime involves intentionally touching a child under 16 in a lewd manner, or soliciting the child to commit such an act.

Lewd Or Lascivious Exhibition

This criminalizes intentional sexual performance in the presence of a child under 16.

Voyeurism

Voyeurism involves secretly observing someone in a private setting for sexual purposes.

Penalties For Voyeurism

A first offense is a First Degree Misdemeanor punishable by up to 1 year jail, 1 year probation, and a $1,000 fine. Records cannot be sealed.

Failure To Register As A Sexual Offender

Defined under Florida Statute 943.0435(2) as knowingly failing to comply with registration laws.

Penalties

A Third Degree Felony punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine.

Unlawful Residency By A Sex Offender

Florida prohibits certain offenders from living within 1,000 feet of schools, daycares, parks, or places children frequent. Some counties impose stricter rules.

Are You Looking for a Sex Crime Attorney in Tampa?

If you need representation for any of these charges, McCulloch Law is here to fight for you. We provide professional and dedicated legal counsel for every client.