Sex Offenses

Sex Offenses Criminal Defense in Estero, FL

There are a number of felony and misdemeanor crimes that involve sex as an element. Conviction of any one of these sex crimes can have significant consequences that last beyond a prison sentence. In many cases, a person convicted of a sex crime may be required to register as a sex offender for the rest of their lives.

Common Sex Crimes Under the Law

Most people associate the term “sex crime” with rape. Generally, rape is a felony with a long prison sentence. A rape conviction also often requires automatic lifetime registreation as a sex offender.

Rape is broadly defined as non-consensual sex with another person. In some cases, the victim is legally incapable of giving consent, such as due to a mental disability or intoxication. It also includes scenarios where the defendant engaged in force, violence, or duress of any kind. Note this does not necessarily mean physical violence. For example, if you threaten to hurt someone’s family unless they have sex with you, that is duress and thus rape, even if you never physically harmed anyone (outside of the sexual act itself).

Outside of rape, some other common sex crimes include:

• Indecent Exposure – This covers showing a person’s naked body or genitals–including a woman’s uncovered breasts–to someone else in any context where the viewer would be “offended or annoyed.” While this may not sound like a big deal, indecent exposure actually carries a 6-month jail term and requires registration as a sex offender.
• Lewd Conduct – This is effectively one step above indecent exposure, in that a person actually touches their genitals or breasts–or someone else’s genitals or breasts–for sexual gratification in the presence of members of the public who would be offended. This also carries a possible jail term of 6 months, although conviction does not carry a sex offender registration requirement.
• Possession of Child Pornography– It is against the law to knowingly possess, send, share, duplicate, or even advertise any “obscene” images of minors, i.e., those involving children who are naked or engaged in sexual acts. Depending on the specifics of the law, child pornography cases can be prosecuted either a felony or misdemeanor.
• Prostitution – While many acts of prostitution are consensual, it is still against the law. If you offer or accept money in exchange for sex, prosecutors can charge you with a misdemeanor punishable by up to 6 months in jail.

In addition, if you have a prior sex crimes conviction and are required to register as a sex offender, your failure to keep up with your registration requirements is itself a crime. If the original charge was a misdemeanor, then the failure to register is also a misdemeanor. Likewise, if your original sex crimes conviction was a felony, the failure to register is also a felony.

If you have additional questions or need representation in defending against a sex crimes charge, contact Estero today.