LAKE WORTH FL UNLAWFUL SEXUAL ACTIVITY WITH MINORS DEFENSE LAWYERS

WITH OFFICES IN BOCA RATON, FLORIDA

After a significant push to enhance the penalties associated with sexual offenses in Florida, State legislators recently passed Bill SB 526, which was signed into law by Governor Rick Scott on April 1, 2014 and is scheduled to take effect on October 1, 2014.

This law significantly increases punishments for those convicted of sex crimes, imposing lengthy mandatory-minimum sentences, increasing maximum penalties for a number of crimes, and disallowing the issuance of gain-time to incarcerated sex offenders.* Additionally, SB 526 requires all sex offenders who do not receive the maximum prison sentence to be monitored under life-long community supervision.

Clearly, Florida looks harshly upon those convicted of sex crimes, making it even more critical for individuals charged with these offenses to hire a formidable defense attorney. Arnesen Law is a group of talented legal professionals who frequently appear on behalf of clients facing charges for any number of sex crimes in South Florida, ranging from offenses for unlawful sexual activity with minors, to indecent exposure, to lewd and lascivious conduct.

With notoriously hard-working and passionate leader Jay Arnesen at the firm’s helm and a practice devoted solely to clients charged with criminal and DUI offenses, the lawyers at Arnesen Law have the skills and experience required to successfully represent their clients, as they formulate calculated defenses based on each individual’s case. Notably, the firm’s founding partner and former police officer, Jay Arnesen, utilizes his professional background to provide unique insight into the formulation of the State’s case, anticipating and targeting potential weaknesses.

With offices conveniently located in Boca Raton and Fort Lauderdale, Arnesen and his attorneys assist clients facing charges throughout South Florida, including Lake Worth, West Palm Beach, and Riviera Beach. Contact the offices of Arnersen Law anytime at 561-419-9630 for a free consultation about your case.

“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq.

*Gain time: deductions from sentences designed to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

Unlawful Sexual Activity with Minors – Florida Statutes Section 800.04

Crimes designated as constituting “Lewdness or Indecent Exposure” are detailed in a series of sections in Chapter 800 of the Florida Statutes. Section 04 of this chapter specifically addresses charges involving unlawful sexual activity with minors and is referred to as “Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less than 16 Years of Age.”

Violations of this section are further delineated into those involving “battery,” “molestation,” “conduct,” or “exhibition,” per the criteria listed in each subsection. The degree of these charges is contingent upon the current age of the defendant, as well as the following:

Lewd or Lascivious Battery

(a) A person commits lewd or lascivious battery by:

1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or

2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.

(b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree.

(c) A person commits a felony of the first degree if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of:

1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);
2. Section 787.01(3)(a)2. or 3.;
3. Section 787.02(3)(a)2. or 3.;
4. Chapter 794, excluding s. 794.011(10);
5. Section 825.1025;
6. Section 847.0135(5); or
7. This section.

Lewd or Lascivious Molestation

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony.

(c) 1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree.

(e) A person commits a felony of the first degree if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of:

1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5);

2. Section 787.01(3)(a)2. or 3.;

3. Section 787.02(3)(a)2. or 3.;

4. Chapter 794, excluding s. 794.011(10);

5. Section 825.1025;

6. Section 847.0135(5); or

7. This section.

Lewd or Lascivious Conduct

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act

commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree.

Lewd or Lascivious Exhibition

(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree.

*Exception: A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.

Unlawful Sexual Activity with Minors – Potential Penalties

Charges involving unlawful sexual activity with minors can vary significantly in terms of the level of severity of these crimes and, in turn, the punishments associated with a conviction. With penalties ranging from a 5-year term of incarceration to life-long imprisonment, a guilty verdict can spell different implications for each defendant accused of violating this section.

Life Felony Unlawful Sexual Activity with Minors: A fine of up to $15,000, in addition to the penalties listed below, which are determined based on the date of the alleged offense.

Committed prior to October 1, 1983: term of incarceration ranging from 30 years to life
Committed on or after October 1, 1983: term of incarceration ranging from 40 years to life
Committed on or after July 1, 1995: life-long term of incarceration

First Degree Felony Unlawful Sexual Activity with Minors: maximum sentence of life in prison, possibility of life-long parole, and fines not to exceed $10,000

Second Degree Felony Unlawful Sexual Activity with Minors: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000

Third Degree Felony Unlawful Sexual Activity with Minors: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000

Contact Our Palm Beach County Unlawful Sexual Activity with Minors Defense Lawyers for a Free Consultation

Regardless of the specific accusation associated with your charges for unlawful sexual activity with a minor, these cases should be taken very seriously, as they have the potential to alter the course of your life forever, in addition to permanently damaging your reputation. Attorney Jay Arnesen and his team understand the impact of these charges and can provide the defense you need to achieve a favorable result. Contact Arnesen Law anytime at 561-419-9630 for a free legal consultation about your case in South Florida.

LAKE WORTH FL UNLAWFUL SEXUAL ACTIVITY WITH MINORS DEFENSE LAWYERS

WITH OFFICES IN BOCA RATON, FLORIDA

Unlawful Sexual Activity with Minors – Florida Statutes Section 800.04

Unlawful Sexual Activity with Minors – Potential Penalties

Contact Our Palm Beach County Unlawful Sexual Activity with Minors Defense Lawyers for a Free Consultation

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