Unlawful Sexual Activity with Minors in Kendall County, Florida – What to Know if You’re Facing Charges
Getting charged with unlawful sexual activity with a minor in Kendall County can be scary. You may be wondering, “What exactly does ‘unlawful sexual activity’ mean?” “What are the penalties?” “Will I have to register as a sex offender?” This article covers the basics of unlawful sex charges in Kendall so you can understand your situation better.
What Is “Unlawful Sexual Activity” in Kendall County?
Florida statute 794.05 defines unlawful sexual activity with certain minors. This law makes it illegal for a person age 24 or older to engage in sexual activity with a 16- or 17-year-old, even if it’s consensual. The charges can include:
- Lewd and lascivious battery (having sex)
- Lewd and lascivious molestation (touching in a sexual way)
- Contributing to the delinquency of a minor
It’s important to note that the law focuses on the age difference between the adult and minor. A 19-year-old having sex with a 16-year-old could potentially be charged, even if they’re dating. The adult doesn’t have to be much older than the minor to face charges.
Penalties for Unlawful Sexual Activity Charges
The penalties for unlawful sexual activity depend on the specific charges. Lewd and lascivious battery involving sexual penetration is a second-degree felony with up to 15 years in prison. Lewd molestation involving touching is a third-degree felony with up to 5 years in prison. Contributing to delinquency of a minor is a first-degree misdemeanor with up to 1 year in jail.
In addition to incarceration, these charges often come with:
- Probation or community control
- Mandatory sex offender registration
- Fines up to $10,000
- Restitution to the victim
- Sex offender conditions like mandatory counseling
Because the penalties are so severe, fighting the charges is usually in your best interest. An experienced lawyer can look for ways to get charges reduced or dismissed.
Legal Defenses Against Unlawful Sex Charges
Here are some potential defenses your Kendall lawyer may use:
- You didn’t know their age – If you truly believed the minor was 18 or older, this could be a valid defense. The prosecution has to prove you knew or should have known their age.
- No sexual activity occurred – If you didn’t have sexual contact with the alleged victim, then you aren’t guilty of unlawful sexual activity. Your lawyer can argue misidentification or false accusations.
- The sexual contact was accidental – Sometimes sexual touching can happen accidentally, like bumping into someone. Your lawyer can argue the contact wasn’t for sexual gratification.
- The minor lied about their age – If the minor deliberately deceived you about their age, your lawyer can argue you engaged in sexual activity based on that deception.
- You fall within the “Romeo and Juliet” exception – Florida has an exception for consensual sexual activity between a 16- or 17-year-old and a person less than four years older. So an 18-year-old with a 16-year-old wouldn’t necessarily be committing a crime.
Your lawyer will thoroughly investigate the facts of your case to determine the best defense strategy. Don’t hesitate to discuss all the details with them so they can protect your rights.
The Importance of a Skilled Kendall Sex Crimes Lawyer
Facing sex crime charges can feel overwhelming. But an experienced lawyer can guide you through the process and develop a strong defense. Be sure to work with a Kendall criminal defense attorney who regularly handles unlawful sex cases. Look for someone who is:
- Well-versed in Florida sex crime laws – They should know the complex statutes and case law inside and out.
- Willing to thoroughly investigate – They’ll interview witnesses, visit the crime scene, subpoena records, and dig into the accuser’s background. A solid defense requires in-depth investigation.
- Comfortable taking cases to trial – While plea bargains resolve many cases, your lawyer should be ready to take your case to trial if needed.
- Compassionate yet aggressive – The best attorneys show empathy while aggressively defending your rights. They know these charges can ruin lives and reputations.
The lawyer you choose can make all the difference. Don’t leave your future to chance – consult with a qualified Kendall sex crimes attorney right away.
Sex Offender Registration Requirements
The thought of registering as a sex offender is terrifying. But some unlawful sexual activity charges require registration, even for first-time offenses. Your lawyer can advise you on the registration requirements if convicted.
In Florida, the length of registration depends on the specific offense:
- 15 years for misdemeanor sex crimes
- 25 years for most felony sex crimes
- Life for serious felonies like lewd battery and molestation
You’ll need to keep your registration current by reporting in-person during your registration period. Failure to register properly leads to even more legal problems.
Many people charged with unlawful sexual activity are good people who made a stupid mistake. While charges like this are deeply serious, experienced lawyers can often negotiate reduced penalties, especially for first-time offenders. Don’t go through it alone. Schedule a free case evaluation with a Kendall criminal defense attorney today.