Fort Pierce Sex Crimes Lawyer

Few charges in the state and federal criminal codes can disrupt someone’s life faster than a sex offense. Because sex offenses tend to take place behind closed doors and away from the public eye, investigating a sex crime may involve interviewing multiple people. Even as the police narrow the scope of their investigation by eliminating people who had no involvement, the accusations may still linger. People who are later determined to be innocent may still be treated with skepticism and distrust in their professional lives and by their friends, family members, and neighbors. Michael Ohle represents individuals who have been charged or are under investigation for a sex offense. He understands that in a criminal investigation, the accused party has rights. He believes in protecting his clients’ rights and helping defendants in state and federal sex crimes cases achieve an equitable outcome.

Sex offenses in Fort Pierce

When most people think of sex crimes, rape and sexual assault are generally the first examples that come to mind. However, federal and state governments identify several offenses that legal professionals categorize as sex crimes. Other federal and state sex offenses include:

• child pornography
• human trafficking
• chat room charges
• lewd or lascivious offenses

Congress and state legislatures each have the authority to write their own sex crimes laws and define the terms within each law as they see fit. Therefore, commonly-used terms like “sex,” “rape,” and “sexual contact” can have different definitions depending on the governing jurisdiction.

Federal rape law

Federal criminal law does not use the word “rape.” The closest federal offense is aggravated sexual abuse. These federal laws apply only in places under federal jurisdiction, such as federal land and federal prisons. Most sex offense cases in Florida are prosecuted in state court. Under federal law, a person commits aggravated sexual abuse by knowingly causing another person to engage in a sexual act by doing any of the following:

• using force against the other person
• threatening or placing the other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping
• first rendering the other person unconscious

Administering to the other person by force or threat of force, or without the knowledge or permission of the other person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the other person to appraise or control conduct also meets the federal definition. Aggravated sexual abuse is punishable by any term of years up to life in prison.

Federal law further defines terms like “sexual act” and “serious bodily injury.” These definitions outline the elements federal prosecutors must prove to win a case in federal court. If you’ve been charged with a federal sex offense in Fort Pierce, you need an experienced federal defense lawyer who will fight for your rights and freedom.

Federal sexual assault law

In everyday speech, the terms “rape” and “sexual assault” are often used interchangeably. Federal law uses neither. The federal offense closest to sexual assault is sexual abuse. Under federal law, a person commits sexual abuse by knowingly causing another person to engage in a sexual act by threatening or placing that person in fear, other than the fear of death, serious bodily injury, or kidnapping that defines aggravated sexual abuse.

Federal law also defines sexual abuse as engaging in a sexual act with another person under any of the following circumstances:

• without the other person’s consent, including through coercion
• The other person is incapable of appraising the nature of the conduct

The other person is physically incapable of declining participation in, or communicating unwillingness to engage in, the sexual act.

Sexual abuse is also punishable by any term of years up to life in prison.

Illegal sexual contact under federal law

In some cases, a defendant’s actions may not meet the federal law definition of a “sexual act.” Prosecutors may charge defendants in those cases under the federal law that prohibits certain types of sexual contact. Those offenses appear to be almost identical to federal aggravated sexual abuse and sexual abuse laws on paper. However, the key difference is the manner in which the accused party may have made contact with the other person.

Federal law defines sexual contact as touching or causing someone else to touch parts of another person’s body that meets federal definition of a private or sexual area. The touching may occur over or under clothing, and the prosecution must prove the defendant’s intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

In contrast, federal law defines a “sexual act,” which is an element in all federal aggravated sexual abuse and sexual abuse cases, as any extent of penetration of the sex organs, mouth, or anus by any object, male sex organ, or other body part. The federal law definition of a sexual act also includes acts that involve contact between the mouth and sex organs or anus

Abusive sexual contact

According to federal law, abusive sexual contact occurs if someone knowingly engages in or causes sexual contact with another person under circumstances that would violate the federal aggravated sexual abuse or sexual abuse laws if the contact had been a sexual act. The penalty depends on which of those laws the conduct would otherwise have violated.

Federal sex abuse laws are highly nuanced. Therefore, having a knowledgeable and experienced Fort Pierce sex crimes defense lawyer on your case can make a critical difference in how federal prosecutors and the court handle your case.

Sexual battery charges in Fort Pierce

Florida’s sex offense laws do not specifically refer to sex crimes as “rape” or “sexual assault.” However, that does not mean that the state does not prosecute those offenses. Florida’s criminal code addresses crimes that would be prosecuted as rape under federal law in the state’s Sexual Battery statute.

State law defines sexual battery as oral, anal, or female genital penetration by or union with someone else’s sex organ. Anal and female genital penetration by any other object also meets the state law definition of sexual battery. The sexual battery statute excludes acts that are done for a bona fide medical purpose.

Lewd or lascivious laws in Florida

In addition to the state’s sexual battery statute, Florida’s lewd or lascivious laws mostly refer to sex crimes committed against minors who are under 16 years of age. The phrase “lewd or lascivious” refers to conduct that is sexually suggestive, indecent or offensive, or performed with lustful or wicked intent. Examples of lewd or lascivious laws include:

• lewd or lascivious battery
• lewd or lascivious molestation
• lewd or lascivious conduct
• lewd or lascivious exhibition

Even if you are unfamiliar with the terms “lewd” and “lascivious,” you are likely to recognize the key elements in Florida’s lewd or lascivious statutes. Alarmingly, being accused of some lewd or lascivious offenses can happen more easily than you might think.

State law outlines defenses that cannot be used to overcome a lewd or lascivious charge. Defendants are not permitted to argue ignorance of the victim’s age at the time of the offense. Therefore, even if the defendant did not know that the other party was a minor the defendant may still be convicted for a lewd or lascivious charge. Similarly, a Florida court may convict a defendant who had a bona fide belief that the victim was at least 18 years old or if the victim misrepresented his or her age to be 18 or older. Adults must take all necessary steps to verify the other person’s age before engaging in any sort of sexual activity, including conversation. Failure to do so may result in the adult going to prison for years and being required to register as a sex offender upon release. If there is any doubt regarding someone else’s age, it’s always best to avoid engaging with the person sexually or romantically. Victim’s lack of chastity and victim’s consent are two other prohibited defenses in lewd or lascivious sex crime cases.

Lewd or lascivious battery charge in Fort Pierce

Florida law identifies two definitions of lewd or lascivious battery. Under the most basic definition, a person may be convicted for lewd or lascivious battery if he or she engages in sexual activity with a person who is at least 12 years old but younger than 16. An individual may also be convicted in Florida for lewd or lascivious battery if he or she encourages, forces, or entices anyone who is younger than 16 to engage in any of the following:

• sadomasochistic abuse
• bestiality
• prostitution
• any other act that involves sexual activity

Lewd or lascivious molestation

Child molestation cases are prosecuted under the state’s lewd or lascivious molestation statute. State law defines lewd or lascivious molestation as intentionally touching in a lewd or lascivious manner the genitals, genital area, or other specified sexual or otherwise private areas on the victim’s body.

Lewd or lascivious conduct

Lewd or lascivious conduct occurs if someone intentionally touches a person who is under the age of 16 in a lewd or lascivious manner. Soliciting someone who is younger than 16 to commit a lewd or lascivious act also meets the definition of lewd or lascivious conduct. The key difference between lewd or lascivious molestation and lewd or lascivious conduct is the area in which the defendant touched the victim. Lewd or lascivious molestation specifies that the contact must have occurred on or near the genitals or the breasts or buttocks or on the clothing covering those areas. In contrast, a lewd or lascivious conduct charge only requires the prosecutor to establish that the contact occurred in a lewd or lascivious manner without regard to the area on the victim’s body in which the contact occurred.

Lewd or lascivious exhibition

If you are familiar with indecent exposure laws, then you already have a foundational understanding of lewd or lascivious exhibition charges. Florida courts define lewd or lascivious exhibition as doing any of the following in the presence of anyone who is younger than 16:

• intentionally masturbating
• intentionally exposing genitals in a lewd or lascivious manner
• intentionally engaging in any other sexual act that does not involve actual physical or sexual contact with the victim

Making a sexual gesture or engaging in sexual activity in the presence of someone who is under 16 can result in the individual who engages in the activity being convicted on a sex offense charge. Therefore, it is important for adults to always be aware of who may be able to view what they are doing if they plan to engage in sexual activity or conduct that is otherwise not suitable for minors to see.

Lewd or lascivious offenses that do not involve minors

There are a few lewd or lascivious offenses in Florida that do not require the victim to be younger than 16. These crimes are more general in nature and prohibit indecent exposure in public or near the private premises of others.

Florida law defines the unlawful exposure of sex organs in three ways. An individual may be convicted if he or she exposes or exhibits his or her sexual organs in or on the private premises of another, or close enough to be seen from someone else’s private premises, in a vulgar or indecent manner. Being naked in public in a manner that is vulgar or indecent also meets the definition of unlawful exposure of sex organs under state law.

What is solicitation of a minor under Florida law?

Florida’s Lewd and Lascivious laws cover the general offense of child solicitation. An individual may be charged for lewd or lascivious conduct in a Florida court if he or she attempts to seduce, entice, or induce anyone who is younger than 16 years of age to engage in a lewd or lascivious act. State law loosely defines “lewd or lascivious” as wicked, lustful, unchaste, sensual, or licentious.” Lewd and lascivious laws are generally used to charge adults for engaging in sexual conduct in the presence of or directly with a minor. An adult may be convicted for lewd or lascivious conduct without regard to whether he or she actually makes physical contact with the minor.

In 1986, the Florida legislature enacted the Computer Pornography and Child Exploitation Prevention Act, which makes the use of online technology for child solicitation a felony offense. Florida law defines child solicitation as the use of communication to target a minor with the intent to engage in sexual conduct. Online solicitation includes:

• email communication
• text messaging
• direct messaging
• communicating through social media
• chatroom communication
• communication through any other electronic device

Individuals who are charged with solicitation often face other related charges. Traveling to Meet a Minor, Use of a Child in a Sexual Performance, and Transmission of Materials Harmful to a Minor are also felony charges that often appear in child solicitation cases.

Solicitation is a strict liability offense. Therefore, ignorance of the minor’s age and the minor’s consent are not valid defenses. The maximum penalty for one count of solicitation of a minor is five years in prison, five years of probation, and a fine of up to $5,000.

What does “traveling to meet a minor” mean in Florida?

Traveling to Meet a Minor is the act of traveling within the state of Florida with the intent to engage in sexual conduct with a minor. The statute also prohibits travel to and from Florida to engage in sexual conduct with a minor.

An individual may be convicted for traveling to meet a minor if he or she attempts to meet a minor or if he or she causes someone else to travel to meet a minor. Someone who faces charges for sex trafficking or prostitution may also be charged with traveling to meet a minor if he or she arranges sexual contact between a minor and someone else. A defendant who is accused of providing a minor for a sexual performance may also be charged with traveling to meet a minor if he or she transported the minor to the place where the crime took place, traveled to meet the minor at the location, or arranged transportation. If the victim is later confirmed to have been 18 or older at the time of travel or the making of travel arrangements, the defendant may still be convicted if he or she believed the victim was a minor. Florida’s lewd or lascivious solicitation law differs from other lewd and lascivious offenses that involve minors in that the victim must be under the age of 18. Other lewd or lascivious statutes are applicable to minors who are younger than 16. Traveling to meet a minor is a second degree felony, which has a maximum sentence of 15 years in prison, 15 years of probation, and a fine of up to $10,000.

What is lewd or lascivious computer solicitation?

Lewd or lascivious computer solicitation occurs when an individual uses a computer or other electronic communication device to seduce, lure, entice, or induce a minor to engage in sexual conduct. To establish a charge of lewd or lascivious computer solicitation, Florida prosecutors must prove all of the following:

• The defendant knowingly used an electronic device or internet service
• The defendant’s communication was intended to solicit a sexual act

The defendant directed the solicitation at someone who was a minor at the time of the communication or who the defendant believed to be a minor

Defendants who are age 24 or older may be charged with written solicitation of a minor if the victim is 16 or 17 years of age. Written and computer solicitation of a minor are both third-degree felony offenses. If convicted, the defendant may be sentenced to up to five years in prison, five years on probation, and a fine of up to $5,000.

Fort Pierce child pornography cases

Child pornography is an offense that exploits minors sexually. It’s no surprise that federal and state agencies aggressively investigate and prosecute these cases. State and federal law define child pornography similarly: a depiction that includes a person who is younger than 18 engaging in sexual activity. Illegal sexual imagery that features children is not just limited to photos and videos secret groups exchange by meeting up or sending emails. A defendant may be convicted on a child pornography charge if he or she:

• exchanges sexual images by text message with someone who is younger than 18
• gives permission for a child to participate in a sexual performance
• knowingly sends pornography to a minor by using electronic means
• has actual or constructive possession of a device that has child pornography stored in its files

Prosecutors in Florida may charge defendants in child pornography cases under a variety of different laws. Some of the most common charges are:

• possession of child pornography
• promotion of child pornography
• use of a minor in a sexual performance
• transmission of materials harmful to a minor

The police often use sting investigations to track down criminal enterprises that produce and sell child pornography. During a sting operation, an undercover law enforcement officer poses as a minor child or as a party who is interested in buying, selling, or producing the illegal images. A child pornography defense attorney should be retained immediately after you’ve been charged with this serious crime in Fort Pierce.

Related

Federal child pornography charges

Fort Pierce lawyer for chat room charges

Chat rooms may have fallen out of popularity, but many niche groups still use them to help members connect with each other online. Unfortunately, there are also online spaces used by people who have an interest in child pornography. Law enforcement agencies leverage online spaces, including chat rooms, message boards, and platforms that allow people to form private groups. Although sting operations are effective when it comes to identifying potential child pornography cases, the police sometimes make mistakes.

The success of sting operations is based on the notion that people have no way of knowing who is actually on the other end of a conversation that takes place in a chat room. However, the same concept applies to potential defendants in child pornography cases. Prosecutors are required to prove the identity of the person who is on the other end of a chat room conversation with the undercover police officer. In some instances, the person on the other end may have been the victim of hacking and someone else is using his or her screen name. The person’s device may have been stolen and is being used by the person who stole it or another party who has acquired the stolen property. Sometimes, someone else may have simply borrowed the accused party’s computer and engaged in illegal activity while logged in.

Fort Pierce child pornography defense lawyer Michael Ohle can help you fight a false chat room charge. Call to discuss your case.

Human trafficking cases

South Florida ranks among the most active hubs of human trafficking activity in the United States. There are two general types of human trafficking: labor trafficking and sex trafficking. Both types happen in Fort Pierce and surrounding areas.

Labor trafficking occurs when someone uses force, fraud, or coercion to exploit another person. There are often elaborate labor trafficking schemes. The person who makes contact with the potential victim may pose as a recruiter or employer. Victims who are trafficked into the United States often respond to job ads or act upon the advice of someone else.

The trafficker promises entry into the US and a job opportunity upon arrival. However, when the victims arrive, they are transported to a location where they are forced to work and are not permitted to leave. Traffickers often confiscate the victim’s ID to make it more difficult for the trafficked person to travel freely. The working conditions may be violent, demeaning, restrictive, and the victims are not permitted to have access to their earnings.

Sex trafficking involves restricting a victim’s movements and forcing the victim to participate in sex work. Sex traffickers target victims through many different ways, including posing as talent managers, photographers, and agents, luring victims by posing as a potential romantic partner. The use of force to recruit trafficking victims has become less common although those types of cases do still occur.

The adult entertainment industry, including adult films and strip clubs are oftentimes used as vehicles for recruiting human trafficking victims. Sex trafficking may involve an element of victims being brought into the United States from other countries, though victims are often recruited locally. Similar to labor traffickers, sex traffickers commonly confiscate victims’ identification and keep the proceeds of the victim’s forced sex work for themselves.

Prostitution offenses in Fort Pierce

In the absence of the use of force or coercion, prostitution is a standalone offense. People who are accused of engaging in prostitution-related activity may be criminally charged for any of the following offenses:

• engaging in prostitution
• soliciting prostitution
• coercing, forcing, or compelling someone else to engage in prostitution
• renting space to be used for lewdness or prostitution

Not only can a prostitution charge be embarrassing and leave a record on criminal background checks, but your reputation may also sustain lasting damage. Michael Ohle will defend your rights and protect your reputation whether you are under investigation or if you have been formally charged.

Lawyer for sex crimes charges in Fort Pierce

If you have been falsely accused of a sex crime, don’t leave your future to chance. Consult an experienced, reputable defense lawyer who has a proven track record in winning sex crimes cases. Experienced Fort Pierce criminal defense attorney Michael Ohle wants to hear from you. Call today to receive a confidential case evaluation.

Florida Sex Crimes FAQs

What defenses are available in sex crime cases?

A sex offense charge is not an automatic ticket to prison. Although sex crimes are very serious, there are several defenses a defense attorney may successfully argue. The appropriateness of each strategy directly depends on the facts of the defendant’s case. Some of the most common sex crimes defenses are:

• mistaken identity
• entrapment
• consent
• unreliable digital evidence

Mistaken identity is more likely to occur in cases in which the victim was incapacitated, experiences memory loss, or is otherwise unable to identify the attacker. When the identity of the attacker is unknown, the police may identify multiple suspects and persons of interest. Consequently, people who legitimately have no involvement in the case may be accused of a sex offense.

Entrapment occurs when a law enforcement officer induces someone to engage in criminal activity against the other party’s intentions. Law enforcement agencies investigate most cyber sex crimes against minors by conducting sting operations. During a sting operation, an undercover law enforcement officer pretends to be a minor or a person who has an interest in participating in illegal sexual activity that involves a minor. For example, the undercover officer may pose as someone who is interested in purchasing child pornography or meeting a minor for a sexual purpose in exchange for money.

For some sex crimes, the alleged victim’s consent is a valid defense argument. In rape and sexual battery cases, the defendant may not be convicted if the victim consented to the sexual activity. In some cases, an alleged victim may falsely accuse the defendant of rape due to regret after engaging in consensual sexual activity. Some victims may fear someone else like a spouse or employer learning that the alleged victim engaged consensually in an otherwise impermissible sexual act. Importantly, consent is not a defense if the victim is younger than 16, or if the victim is 16 or 17 and the defendant is 24 or older. Lack of knowledge of the victim’s age is also not a defense in any sex crime case that involves a minor.

Digital technology comes with its advantages. However, there are some limitations to digital tech that can create challenges for prosecutors who charge defendants with computer sex crimes. The internet offers a layer of anonymity that can make it more difficult to identify the offender in a sex crimes that utilize computer or internet technology. VPNs (virtual private networks) can make it difficult to trace the IP address of someone who uses a chat room to connect with people who sell child pornography. The possibility of hackers accessing someone else’s device can raise questions about whether the accused party actually knowingly possessed illegal sexual images of minors.

What are the collateral consequences of a sex crime conviction

Jail and prison are the first consequences most people associate with a sex crime conviction. For defendants who are convicted on a sex offense charge, time behind bars is just the beginning. Similar to other states, Florida requires convicted sex offenders to be added to the state sex offender registry upon release from prison. State and federal sex offender registries are publicly searchable records that future employers, friends, associates, and neighbors can access. Being listed in the sex offender registry can immediately impact a person’s social and professional relationships.

Convicted sex offenders are required to follow a very restrictive set of rules. Almost immediately after release from jail or prison, state law requires the individual to notify the state of his or her residential address, employment, email addresses, and phone number. Moreover, state law requires the individual to immediately report updates to education level, employment, volunteer status, business ownership, and residential address. People convicted of certain sex offenses against a victim younger than 16 cannot reside within 1,000 feet of a school, daycare, park, or playground. Certain occupations are immediately off limits to sex offenders as they are prohibited from working with vulnerable populations such as children or the elderly.

Can someone be prosecuted in both state and federal court for the same alleged act?

Yes, someone can be prosecuted in state and federal court for the same alleged criminal act. The Constitution’s “double jeopardy” clause prohibits a single court system from re-trying a criminal defendant for the same charge after winning his or her case. However, because the state and federal courts operate within two separate systems, an individual may be charged for the same criminal offense separately in each system if the case is within the federal court’s jurisdiction.

Most crimes are state offenses. However, the same crime can also be a federal offense if the case involves at least one of the following factors:

• The defendant is accused of breaking a federal law
• The criminal activity occurred within the stream of interstate commerce
• The case involves a federal government employee or foreign official
• The activity took place on federal land

How long must someone remain on the sex offender registry, and can removal ever happen?

In Florida, sex offender registration generally lasts for life. Some registrants may petition the court for removal after 25 years, if they have not been arrested for any offense since release. That option is not available for certain convictions, including sexual battery. Convicted defendants who are required to be listed on the sex offender registry may also have their name removed if they receive a full pardon or post-conviction relief for the offense that requires registration.

Do “Romeo and Juliet” laws protect consensual teenage relationships?

Generally, Romeo and Juliet laws carve out an exception to sex crime laws for defendants who are in their late teens and early twenties who engage in sexual conduct with teens who are close in age. Florida’s Romeo and Juliet law does not exclude older teens and young adults from facing criminal charges for sexual conduct with teens who are close in age. Instead, the law lets qualifying defendants ask the court to remove the sex offender registration requirement in these types of sex crime cases.

Enacted in 2007, Florida’s Romeo and Juliet law is applicable in cases in which the younger party was at least 13 and younger than 18. Additionally, the case must also meet the following requirements:

• both parties consensually participated in the sexual conduct
• The accused party does not have any other conviction for a qualifying sex offense
• The accused party is no more than four years older than the younger party

Although both parties may have consented, the older party may still face criminal charges. Florida law recognizes an exception to criminal liability in cases in which the younger party is 16 or 17 and the older party is no older than 23.

What role does digital evidence play in online sex crime prosecutions?

Digital evidence is central to online sex crime prosecutions. Examples of digital evidence include:

• emails
• text messages
• digital files
• social media posts
• videos
• location data

Prosecutors use digital evidence to build a case against the defendant in criminal sex crime cases. Similar to physical evidence, law enforcement officers must obtain a warrant to seize digital files and data. Evidence that comes in a digital format must be authenticated as it is relatively easy to impersonate others online and spoof contact information and other details that may point to the identity of a person who may have engaged in criminal activity.

Are there mandatory minimum sentences for sex crimes in Florida or federal law?

Some state and federal sex crimes carry mandatory minimum sentences. Florida’s sexual battery statute sets penalties by felony degree rather than mandatory minimums. Depending on the victim’s age and the circumstances, sexual battery ranges from a second-degree felony, punishable by up to 15 years in prison, to a life felony. Sexual battery by an adult on a child younger than 12 is a capital felony. Separate Florida laws impose mandatory minimum sentences on repeat and dangerous sexual offenders.

There are several federal sex crimes that have mandatory minimum sentences. Under certain circumstances, child pornography offenses can have mandatory minimum sentences. The minimums range from five years for receiving or distributing child pornography up to 15 years for producing child pornography. Mandatory minimum sentencing may also apply if a repeat offender is convicted for a subsequent child pornography-related crime. Some sex abuse and aggravated sexual abuse cases may also have mandatory minimum sentences.

Related

Federal charges: Child pornography distribution