Articles Posted in Sex Crimes

Under state and federal law, the courts must generally follow sentencing guidelines when issuing penalties for criminal offenses. In some instances, though, they can issue enhanced sentences that fall outside of the standard sentencing ranges, pursuant to the terms of the guidelines. For example, if a court determines that a defendant is a dangerous or repeat sex offender, it may find it necessary to impose greater penalties, as shown in a recent Florida ruling. If you are accused of committing a sex crime, it is in your best interest to speak with a Tampa sex crime defense lawyer about what defenses you may be able to assert.

Case Setting

It is reported that the defendant pled guilty to attempting to entice a minor and committing a felony crime involving a minor while being required to register as a sex offender. These charges arose from the defendant’s previous conviction in Florida for traveling to meet a minor after soliciting a guardian. The defendant had believed he was communicating with a stepparent of a minor child, discussing inappropriate matters, and sending explicit images.

Allegedly, however, the “stepparent” was an undercover law enforcement officer, and the defendant was arrested when they arranged to meet. At sentencing, the district court imposed a significant enhancement under the “repeat and dangerous sex offender against minors” provision due to the defendant’s prior Florida conviction. The court sentenced the defendant to 355 months of imprisonment, followed by a lifetime of supervised release. The defendant appealed, challenging the application of the sentencing enhancement and the overall reasonableness of the sentence. Continue Reading ›

The United States Constitution grants criminal defendants numerous rights to help ensure that they receive fair hearings. Among other things, the Constitution guarantees the right to a trial before a jury. As discussed in a recent Florida sex crime case, however, the right to a jury trial does not require a trial before a 12-person jury in most instances. If you are accused of committing a sex offense, you should talk to a Tampa sex crime defense lawyer about your possible defenses.

Factual and Procedural Background

It is alleged that the defendant was charged with three sex crimes for offenses that occurred between March and May 2020. Florida law provides for a six-person jury in non-capital cases. The trial court empaneled a six-person jury as the defendant’s charges did not qualify for a twelve-person jury because the death penalty was not applicable to the offenses at the time they were committed. During the trial, the court granted the defendant’s motion for judgment of acquittal on one count of capital sexual battery.

Reportedly, the jury then convicted the defendant of one count of battery, a lesser-included offense, one count of capital sexual battery, and one count of lewd or lascivious molestation. The trial court sentenced the defendant to life in prison without the possibility of parole for the capital sexual battery and molestation charges and to time served for the battery count. The defendant appealed, arguing that the use of a six-person jury violated his constitutional rights, claiming he was entitled to a 12-person jury under the Sixth and Fourteenth Amendments. Continue Reading ›

People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex offenses on bond, which allows them to participate more fully in their defense. If a person out on bond is charged with a second offense, their bond may be revoked, however. In a recent Florida ruling, the court discussed grounds for revoking and reinstating bond in a criminal action.  If you are faced with charges that you committed a sex crime, it is imperative to meet with a  Tampa sex crime defense lawyer to discuss what you can do to safeguard your liberties.

Factual and Procedural Background

It is alleged that the defendant faced numerous charges, including sexual battery upon a child under twelve, sexual activity with a child twelve to eighteen years old, lewd or lascivious conduct, and lewd or lascivious molestation. While out on bond for these charges, the defendant was arrested for domestic battery, leading to a second criminal case against him.

Reportedly, the court revoked the defendant’s bond in his first case due to the new offense. The State later dropped the domestic battery charge against the defendant, however, effectively ending the second case. The defendant then sought to reinstate his bond in his first case, arguing that since the second case against him was dismissed, there was no basis for bond revocation. The trial court denied the defendant’s request, after which he filed a petition for habeas corpus. Continue Reading ›

In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court improperly adds victim injury points, the resulting sentence may be illegal, and there may be grounds for vacating it, as demonstrated by a recent Florida opinion delivered in a sexual battery case. If you are charged with a crime of a sexual nature, it is important to understand your rights, and you should meet with a Tampa sex crime defense lawyer as soon as possible.

Facts and Procedure of the Case

It is alleged that the defendant filed a motion under Florida Rule of Criminal Procedure 3.800(a) to correct an allegedly illegal sentence. The defendant argued that his life sentences for two sexual battery offenses were illegal because victim injury points were improperly added. The offenses occurred in 1988, and under the law at that time, victim injury points could only be added once per victim per criminal episode.

Reportedly, the defendant contended that he received victim injury points for three offenses, but there were only at most two criminal episodes involving a single victim. Removing 40 penetration points for one sexual battery would reduce his permissible guidelines sentencing range from life to 40 years in prison. The trial court denied the defendant’s motion and he appealed. Continue Reading ›

The Florida and United States Constitutions protect criminal defendants from being convicted more than once for a single offense. Protections against double jeopardy do not prevent multiple convictions for a single sex crime that impacts multiple victims, though, as a Florida court recently clarified. If you are charged with committing an illegal sex act, it is smart to talk to a Tampa sex crime defense attorney about your rights.

History of the Case

It is alleged that the defendant was charged with two counts of lewd or lascivious exhibition in the presence of a correctional facility employee. The evidence presented during the trial established that the defendant intentionally engaged in lewd behavior within his cell and that he was visible to two mental health staff members of the correctional facility. The jury convicted the defendant, after which he appealed.

Double Jeopardy for Multiple Sex Crime Convictions

On appeal, the defendant contended that his convictions violated the prohibition against double jeopardy, asserting that the relevant statute, which criminalized intentional lewd acts in the presence of employees at a county detention facility, did not allow for multiple convictions for a single lewd act performed in the presence of multiple employees. Continue Reading ›

It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the prosecution is generally precluded from introducing evidence of the defendant’s prior bad acts to demonstrate their guilt for their current charges. There are exceptions to the general rule, however, that will allow the courts to introduce evidence of child molestation and evidence of other crimes in sex crime cases, as discussed in a recent Florida opinion. If you are charged with a sex-related offense, it is prudent to meet with a Tampa sex crime defense lawyer about what defenses you may be able to set forth.

Procedural and Factual Background

It is reported that the defendant was charged with child pornography offenses. The defendant’s criminal history includes prior convictions, notably in 1998 for Criminal Sexual Conduct in the Fourth Degree in Michigan, a misdemeanor involving unlawful sexual contact, and Failure to Register as a Sex Offender in Michigan in 2000. Furthermore, in 2003, the defendant was indicted for and later convicted of possessing child pornography. Prior to his trial, he filed a Motion in Limine to preclude the introduction of evidence regarding his prior convictions, including his child pornography conviction, which the Government opposed.

Admissibility of Evidence Regarding Prior Crimes

The court ultimately denied the defendant’s motion. Prior to doing so, it considered whether the evidence of the defendant’s 2004 conviction for possession of child pornography was admissible. The Government argued that this evidence could be introduced under Federal Rule of Evidence 414 (permitting evidence of child molestation) and Federal Rule of Evidence 404(b) (allowing evidence of other crimes or acts for specific purposes). Rule 414 defines “child molestation” to include any acts prohibited by 18 U.S.C. Chapter 110, which includes possession and distribution of child pornography. Continue Reading ›

In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in question were consensual. If a defendant is prohibited from testifying regarding such activity, then it may inhibit their ability to present a defense, as discussed in a recent Florida case.  If you are charged with a sex offense, it is in your best interest to meet with a Tampa sex crime defense attorney to discuss what arguments you may be able to assert in your defense.

Factual and Procedural Background

It is reported that the defendant was charged with sexual battery and trespass. The charges stemmed from an incident where the defendant allegedly entered the victim’s residence during the night, sexually assaulted her, and then left. The victim initially believed it was her boyfriend but later realized it was not. DNA evidence linked the defendant to the crime.

Allegedly, at trial, the defendant attempted to assert the defense that the sexual encounter was consensual. He claimed that he had previously engaged in consensual sexual activity with the victim on two occasions in exchange for drugs. However, the trial court prohibited him from testifying about these prior encounters. The jury convicted the defendant, and he was sentenced to ten years in prison. He appealed, arguing the trial court erred in barring him from testifying regarding prior consensual sexual activity with the alleged victim. Continue Reading ›

Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may waive the right to do so. Some offenses can be prosecuted at any time, however, as explained in a recent Florida ruling issued in a sexual battery case. If you are charged with sexual battery or any other sex crime, it is important to understand your rights, and you should meet with a Tampa sex crime defense lawyer promptly.

History of the Case

It is reported that in January 2010, a 15-year-old girl reported to the police that a man with the same name as the defendant gave her alcohol and then raped her. She was transported to a medical facility where a vaginal swab was obtained using a sexual assault kit. Approximately three months later, Florida law enforcement determined that DNA obtained from the vaginal swab belonged to the appellant. He was arrested in March 2019 and charged with sexual battery. He was convicted, after which he moved to vacate his conviction on the grounds that the statute of limitations expired on the sexual battery offense. The court denied his motion, and he appealed.