Child Pornography Crimes State and federal law prohibit people from possessing, creating, or distributing child pornography, and a wide range of conduct can result in child pornography charges. Broadly speaking, any material or data that depicts a minor engaging in sexually explicit conduct, or appearing to participate in such behavior, constitutes child pornography. Examples of federal child pornography crimes include sexual exploitation of children, sex trafficking of minors, and activities relating to material constituting child pornography, while Florida child pornography crimes include transmission of child pornography by an electronic device, using minors in the production of prohibited materials, and possession of child pornography. The sentences imposed on people convicted of child pornography crimes vary depending on the nature of the offense and other factors but often include significant jail time and substantial fines. If you are accused of a child pornography offense, it is in your best interest to speak to a Tampa attorney adept at handling sex crime cases. Internet Sex Crimes
The internet is a common method of communication, but certain uses of computers are unlawful and can result in criminal charges. For example, under Florida law, it is illegal to use a computer or other electronic device to knowingly attempt to lure or seduce a minor, or a person believed to be a minor, to engage in unlawful sexual activity or a lewd or lascivious act, for the purposes of creating child pornography or any other reason. Similarly, federal law prohibits adults from engaging in or attempting to engage in sexual conduct with minors via the internet. It is also illegal to use computers to attempt to engage in sex trafficking of children or adults or to create, distribute, or obtain child pornography. Many internet sex crimes include an element of intent, which means that the prosecution must establish that the defendant knowingly engaged or attempted to engage in unlawful conduct with a minor to establish guilt. If it cannot or is unable to prove any other element of the charged offense beyond a reasonable doubt, the defendant should not be convicted.
Lewd and Lascivious Acts Generally, lewd and lascivious acts involve enticing a minor under the age of sixteen to engage in sexual activity or actually engaging in such behavior. Purposely touching children in a lustful manner can result in a lewd and lascivious act charge as well, as can exposing one’s genitals or masturbating in the presence of a person under the age of sixteen. Ignorance of the victim’s age is not a defense, and neither is the assertion that they misrepresented their age. Other also constitute lewd and lascivious acts, like public nudity and lewd behavior in front of an employee. Many lewd and lascivious offenses are felonies that carry penalties of a minimum of five years in prison. As such, it is important for anyone charged with such an offense to seek legal counsel from a Tampa sex crime defense lawyer immediately.
Rape Rape is one of the most serious offenses a person can be accused of, and a conviction for rape can result in imprisonment, fines, and a lifelong requirement to register as a sex offender. Florida does not have a statute that deals solely with rape offenses; instead, rape is encompassed in the sexual battery law. Generally, proving rape requires the prosecution to demonstrate that the defendant sexually penetrated the alleged victim without their consent. As such, consent is a viable defense in many rape cases. Notably, however, a lack of consent is not an element of rape if the victim is under the age of twelve, as they are legally too young to consent. Additionally, consent must be knowing and voluntary, which means that if the victim was intoxicated or otherwise mentally incapacitated, their consent may be invalid. If you are charged with rape, a Tampa lawyer skilled at defending people charged with sex crimes can gather the evidence needed to help you argue that the prosecution’s claims are invalid.
Prostitution Under Florida law, it is unlawful for people that are not married to one another to engage in sexual activity for financial compensation. Notably, it is illegal to buy and sell sexual favors, which means that both the alleged prostitute and the person hiring them can face charges. It is also unlawful to traffic, sell, or agree to secure another person for sexual acts in exchange for money. The penalties imposed on people convicted of prostitution increase for each subsequent offense. Other offenses, like forcing another person to engage in prostitution and prostituting a child, can result in greater penalties. People convicted of prostitution crimes have to undergo testing for sexually transmitted diseases. In some instances, they must register as sex offenders, which can impact where they can live or work.
Choosing a Tampa Criminal Defense Attorney People convicted of sex crimes not only face legal penalties but will also most likely experience difficulties maintaining relationships or jobs, obtaining housing, or repairing their reputation. If you live in Tampa and are under investigation for a sex crime or have been charged with a sex offense, it is critical to retain an attorney as soon as possible. At Hanlon Law, our dedicated Tampa sex crime defense attorneys are committed to protecting our clients from the devastating consequences of criminal convictions. If you hire us, we will work tirelessly to formulate persuasive arguments designed to help you seek the best possible outcome in your case. We have an office in Tampa, where we regularly defend people charged with sex crimes. We also have offices in Clearwater, Sarasota, Bradenton, and St. Petersburg. You can contact us to set up a confidential and free consultation at our Tampa office by using our online form or calling 813.228.7095.