Sex Crimes 101

South Florida Criminal Defense Attorney
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Florida Sex Crimes Defense Attorney

Serving Palm Beach County, Broward County & South Florida

Sex crimes are among the most serious offenses in Florida's criminal justice system, carrying severe penalties that can permanently alter the course of your life. Not only could a conviction result in significant prison time, but it can also lead to mandatory sex offender registration—a requirement that affects where you can live, where you can work, and how you interact with your community for years or even decades to come.

Being charged with a sex offense can be frightening and overwhelming, as you face an uncertain future while navigating an unfamiliar and often hostile criminal justice system. The constitutional presumption of innocence is frequently discarded in the court of public opinion, and the accused may feel like they bear the burden of proof even before trial begins.

At the Law Offices of Alan S. Bernstein P.A., we understand the sensitive nature of sex crime cases and are dedicated to fighting for the best possible outcome for our clients throughout Palm Beach County, Broward County, and South Florida. We will guide you through the complexities of the system, help you understand your legal options, and build a solid defense strategy tailored to your specific case.

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What Is a "Sex Crime"?

Under Florida law, a sex crime is any offense that involves sexually explicit conduct, unwanted sexual contact, sexual exploitation, or the use of psychological or physical manipulation to instigate forced sexual encounters. Florida statutes encompass a wide range of prohibited conduct, from violent offenses like sexual battery to non-contact crimes like possession of child pornography or online solicitation.

The Law Office of Alan S. Bernstein P.A. provides effective defenses for many types of sex crime charges under Florida law, including but not limited to:

• Sexual Battery (F.S. 794.011): Florida's most serious sexual offense, encompassing what is commonly called rape. This includes oral, anal, or vaginal penetration by or union with the sexual organ of another, or penetration with an object, without consent.

• Lewd or Lascivious Offenses (F.S. 800.04): Covers sexual activity with minors under 16, including lewd battery, molestation, conduct, and exhibition. These offenses do not require penetration—intentional touching in a lewd manner is sufficient.

• Child Pornography (F.S. 847.0137): It is illegal to possess, distribute, transmit, or produce any image, video, or other material depicting a person under 18 years of age engaged in sexual conduct.

• Online Solicitation of Minors (F.S. 847.0135): Using any electronic device to knowingly solicit, lure, or entice a child—or someone believed to be a child—for sexual activity. This statute also criminalizes soliciting a parent or guardian to facilitate a child's involvement in sexual conduct.

• Traveling to Meet a Minor (F.S. 847.0135): Arranging to meet and actually traveling to meet someone believed to be a minor for sexual purposes, even if no actual minor exists.

• Human Trafficking (F.S. 787.06): Transporting, soliciting, recruiting, harboring, or maintaining a person for the purpose of sexual exploitation or forced commercial sexual activity.

• Prostitution and Solicitation (F.S. 796.07): Engaging in, offering, or agreeing to engage in sexual conduct in exchange for money or other compensation, or soliciting another for such purposes.

• Indecent Exposure (F.S. 800.03): Exposing or exhibiting sexual organs in public or on private premises in a vulgar or indecent manner, or being naked in public except in authorized places.

• Voyeurism (F.S. 810.14): Secretly observing, photographing, or recording another person in a location where they have a reasonable expectation of privacy, for purposes of sexual gratification.

• Statutory Rape (F.S. 794.05): Having sexual intercourse with a person aged 16 or 17 when the offender is 24 years of age or older, regardless of apparent consent.

• Stalking and Cyberstalking (F.S. 784.048): Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person, causing substantial emotional distress.

How Are Sex Crimes Punished in Florida?

In Florida, sex crimes range from misdemeanors to capital felonies, with penalties varying dramatically based on the nature of the offense, the ages of those involved, and various aggravating factors. A person convicted of a sex crime could face anything from county jail time to life imprisonment—or even the death penalty in the most extreme cases involving young children.

Offense Level

Maximum Penalty

Capital Felony

Death or life imprisonment without parole

Life Felony

Life imprisonment, potential parole, $15,000 fine

First-Degree Felony

Up to 30 years imprisonment, $10,000 fine

Second-Degree Felony

Up to 15 years imprisonment, $10,000 fine

Third-Degree Felony

Up to 5 years imprisonment, $5,000 fine

Many sex crimes also result in mandatory minimum sentences, meaning judges have limited discretion to impose lighter punishments. Additionally, repeat offenders and those who commit offenses against particularly vulnerable victims face significantly enhanced penalties.

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Will I Have to Register as a Sex Offender in Florida?

A conviction for most sex crimes in Florida triggers a mandatory requirement to register as a sex offender or sexual predator. Unlike some states that have adopted tiered registration systems, Florida maintains one of the strictest sex offender registration schemes in the nation.

Under Florida Statutes 943.0435 (Sex Offenders) and Florida Statutes 775.21 (Sexual Predators), individuals convicted of qualifying offenses must register with the sheriff's office in their county of residence. The specific requirements depend on whether you are classified as a sex offender or the more serious designation of sexual predator.

Registration Requirements Include:

• Providing personal information including name, address, photograph, fingerprints, and vehicle information

• Reporting any change of address, employment, or vehicle within 48 hours

• Re-registering twice per year (sex offenders) or four times per year (sexual predators)

• Complying with residency restrictions (must live at least 1,000 feet from schools, daycare centers, parks, and playgrounds)

• In many cases, registration is required for life

Important: You will not be required to register as a sex offender simply because you are accused of a sex crime—you must be convicted or plead guilty. An experienced defense attorney can fight to avoid an outcome that requires registration, potentially saving you from a lifetime of collateral consequences.

Collateral Consequences of Sex Offender Registration

Because sex offender registry information is available to the public and appears in background checks, registration creates devastating collateral consequences that extend far beyond the criminal sentence:

• Employment: Many employers refuse to hire registered sex offenders, and certain professions are legally off-limits

• Housing: Residency restrictions and landlord policies severely limit where you can live

• Education: Many colleges and universities deny admission to registered sex offenders

• Travel: Strict reporting requirements for domestic travel and potential bars on international travel

• Family relationships: May affect custody rights and ability to attend children's school events

• Community notification: The sheriff's office publishes offender information to the public

• Immigration: Non-citizens face potential deportation and bars on naturalization

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Child Sex Crime Charges in Florida

Allegations involving children carry the most severe consequences in Florida's criminal justice system. These cases are heavily laden with emotion and often receive significant media attention. Unfortunately, the accused frequently faces public condemnation before any evidence is presented at trial.

Common Contexts for False Accusations

It is crucial to understand that children are highly susceptible to suggestion and may be influenced to believe events occurred that never actually happened. False allegations commonly arise in:

• Child custody and divorce disputes

• Babysitting and childcare scenarios

• Daycare situations

• Teacher-student or coach-athlete relationships

• Familial relationships

• Situations involving neighbors and family friends

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Online Solicitation and Cyber Sex Crimes

The digital nature of cyber sex crime charges makes them particularly complex. Law enforcement agencies frequently monitor online activity for extended periods before making arrests, and federal agencies may become involved when allegations cross state lines.

Florida Statute 847.0135: Computer Solicitation

Under Florida Statute 847.0135, it is a serious felony to use any electronic device to communicate about sexual conduct with a child—or with someone you believe is a child. This distinction is critical because most of these cases arise from undercover sting operations where no actual minor exists.

§847.0135(3)(a)

§847.0135(3)(b)

Contact with child or person believed to be a child

Contact with parent, guardian, or custodian (or person believed to be one)

Soliciting the child directly for sexual conduct

Soliciting the adult to allow or facilitate child's involvement

Second-degree felony — up to 15 years

Second-degree felony — up to 15 years

How Sting Operations Work

Law enforcement agencies throughout Palm Beach County, Broward County, and South Florida regularly conduct undercover sting operations targeting sex crimes:

• Officers post adult-themed advertisements on dating apps, social media, or escort websites

• After initial contact, the "adult" introduces the mention of a minor

• Investigators continue the conversation to build evidence of criminal intent

• Arrests occur when the target travels to meet or continues soliciting

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Common Legal Defenses to Sex Crime Charges

A legal defense in the context of sex crimes refers to arguments or strategies presented by the accused to counter the charges brought against them. These defenses aim to challenge the prosecution's case and create reasonable doubt regarding the defendant's guilt. Building an effective defense requires thorough investigation, technical expertise, and strategic legal action.

Common legal defenses in Florida sex crime cases include:

• Consent: If the sexual activity was consensual between adults, it may be a complete defense. However, consent is never a defense when the alleged victim is a minor or was incapacitated.

• Mistaken Identity: The defense may argue that the accused was misidentified or wrongly accused. This could involve presenting evidence—including alibi witnesses or forensic analysis—that someone else committed the alleged crime.

• False Accusations: The defense may assert that the accuser made false allegations due to personal motives, revenge, custody disputes, or other reasons. Crime victims are fallible human beings who may hold grudges, believe faulty memories, or be susceptible to suggestion.

• Lack of Evidence: If there is insufficient evidence to prove the elements of the alleged sex crime beyond a reasonable doubt, the defense will argue for acquittal.

• Entrapment (F.S. 777.201): This defense applies when a police agent enticed or persuaded someone to commit a crime they were not predisposed to commit. It is particularly relevant in sting operations where law enforcement may have used repeated coaxing, suggestive language, or manipulation.

• Lack of Intent: Florida law requires proof of intent to engage in unlawful sexual conduct. Fantasy conversations, roleplay discussions, sarcasm, or mere curiosity may not meet the legal standard for criminal intent.

• Fourth Amendment Violations: If evidence was obtained unlawfully—such as through an illegal search or seizure, or without proper warrants—the defense may challenge the admissibility of that evidence.

• Police Misconduct: Allegations of coercion, violation of Miranda rights, improper evidence handling, or other misconduct may provide grounds for dismissal or suppression of evidence.

• Statute of Limitations: For some offenses, the defense may argue that prosecution is barred because the alleged crime occurred outside the applicable time limit. However, note that for victims under 16, Florida has no statute of limitations for sexual battery.

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Steps to Take If You Are Accused of a Sex Crime

If you are being accused of a sex crime in Florida, it is essential to take the situation seriously and proceed carefully. The following steps can help protect your rights and your future:

1. Contact a Criminal Defense Attorney Immediately: Seek legal advice from a qualified criminal defense attorney as soon as possible. An attorney can help you understand your rights, provide guidance on how to handle the situation, and develop a defense strategy tailored to your case.

2. Invoke Your Right to Remain Silent: You have the right to remain silent under the Fifth Amendment. Anything you say can be used against you in court. Exercise this right and avoid making statements to law enforcement without your attorney present.

3. Do Not Consent to Searches Without a Warrant: You have the right to refuse searches without a warrant. If law enforcement wants to search your property, ask if they have a warrant. If they do not, you can refuse the search.

4. Preserve All Evidence and Communications: Document any relevant information that may support your defense. If there were any communications between you and the accuser, preserve records such as text messages, emails, or social media interactions.

5. Do Not Delete Anything: Do not delete messages, photos, or any digital content. Destroying evidence can result in additional criminal charges and will harm your defense.

6. Maintain Privacy: Avoid discussing the case with anyone other than your attorney. Do not post about it on social media, as such information can be used against you.

7. Do Not Contact the Accuser: Any contact with the alleged victim can be construed as witness tampering or intimidation, leading to additional charges and bail revocation.

8. Attend All Court Hearings: If charges are filed, attend all court hearings as required. Failing to appear can result in a warrant for your arrest and additional penalties.

9. Understand the Charges: Work with your attorney to fully understand the specific charges against you. Different sex crimes carry different elements and penalties.

10. Cooperate Fully with Your Attorney: Work closely with your defense attorney, providing them with all relevant information. Be open and honest so that your attorney can best represent your interests

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Remember that each case is unique, and the appropriate steps may vary based on the circumstances. Legal defenses and strategies should be tailored to the specific details of your situation. Seeking professional legal advice early in the process is crucial to protecting your rights and building a strong defense.

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The Importance of Early Legal Representation

Sex crime investigations move quickly. Search warrants, chat extractions, and forensic downloads occur early in the process—often before the defense has any opportunity to review the evidence. Securing experienced legal representation immediately provides critical advantages:

• Immediate review of all electronic evidence

• Consultation with forensic experts to locate missing or exculpatory data

• Identification of entrapment or constitutional violations early in the process

• Protection from unnecessary media exposure

• Strategic communication with law enforcement through counsel

• Potential to reduce charges or prevent formal charges entirely

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Statute of Limitations

For most sex offenses in Florida, victims have eight years to report sexual assaults. However, for victims under 16 years of age, there is no statute of limitations. This means accusations stemming from decades-old events can be prosecuted. Such cases present unique challenges: DNA samples may be compromised, memories fade, witnesses become unavailable, and exculpatory evidence may be permanently lost.

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Frequently Asked Questions

Can I be charged even if no real child was involved?

Yes. Florida law allows prosecution even when the person you communicated with was an undercover officer posing as a minor. The critical issue is whether you believed you were communicating with a child. However, intent can be challenged, and entrapment arguments may apply when police tactics cross legal boundaries.

What if I never intended to actually meet anyone in person?

Intent is crucial in these cases. Many people accused of online solicitation were involved in fantasy conversations or roleplay that never crossed into actual planning. The prosecution must prove beyond a reasonable doubt that you intended to cause an actual act of unlawful sexual conduct.

Is entrapment a valid defense in Florida?

Yes—when law enforcement induced you to commit a crime you were not predisposed to commit. Entrapment applies when officers repeatedly pressure, coax, or mislead a person into illegal conduct that would not have occurred otherwise. The defendant must prove entrapment by a preponderance of the evidence.

Will I have to register as a sex offender if convicted?

Many sex offenses in Florida require mandatory registration as a sexual offender or sexual predator. Registration requirements are separate from imprisonment and probation, lasting for life in many cases. The specific requirements depend on the offense of conviction.

Can the alleged victim's age be used as a defense?

Under Florida Statute 794.021, the victim's age cannot be used as a defense. Neither misrepresentation of age by the victim nor your honest belief about the victim's age provides a legal defense to charges where age is an element of the offense.

What are the potential consequences of being convicted of a sex crime?

Being convicted of a sex crime in Florida can result in severe penalties including lengthy prison sentences, substantial fines, mandatory sex offender registration, residency restrictions, loss of professional licenses, immigration consequences, and a permanent criminal record that cannot be expunged or sealed.

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Serving Palm Beach County, Broward County & Throughout South Florida

Alan S. Bernstein P.A. provides aggressive sex crimes defense representation throughout South Florida, including but not limited to:

Palm Beach County: West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Belle Glade, Loxahatchee, Palm Beach Gardens, Wellington, and Royal Palm Beach

Broward County: Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Deerfield Beach, Coral Springs, Plantation, Sunrise, Davie, Miramar, and Hallandale Beach

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Get the Legal Defense You Need

When you are charged with a sex crime in South Florida, the state must prove your guilt beyond a reasonable doubt. Although the prosecutor might have evidence against you, pleading guilty is not your only option. An experienced defense attorney will examine every aspect of your case, challenge the prosecution's evidence, and fight to protect your rights, your freedom, and your future.

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Contact Alan S. Bernstein P.A. today for a confidential consultation.

We are available 24/7 to discuss your case and begin building your defense.

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Disclaimer:

The information in this document is for general informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on the specific facts and circumstances involved. Past results do not guarantee future outcomes. If you are facing criminal charges, contact a qualified attorney immediately.