Sex crimes

Florida Court Explains the Elements of Sexual Battery Offenses

October 11, 2022 | by Hanlon Law, PA

Under Florida law, certain acts that are sexual in nature constitute crimes. While many sex offenses require the state to establish a specific intent, others merely demand that the state show the defendant committed the acts that constitute the crime. Recently, a Florida court clarified that the crime of sexual battery is a general intent offense in a matter in which the defendant appealed his conviction. If you are accused of a sex crime, it is in your best interest to talk to a Sarasota sex crime defense attorney to discuss what evidence the state must offer to demonstrate your guilt.

The Facts of the Case

It is alleged that the defendant met a man at a bar, after which she agreed to go to his apartment. They then walked to a store where they encountered the defendant, who was the man’s roommate, the defendant’s brother, and another individual. Their accounts differed as to the nature of their interaction; the defendant stated the victim was flirtatious and repeatedly touched him while she denied speaking to or engaging in contact with him.

Reportedly, the victim returned to the man’s apartment and engaged in consensual intercourse with him, after which the defendant entered the bedroom and began engaging in intercourse with the victim. The victim testified that the defendant did not speak to her, and she did not know he was not the other man until after the act was complete. The defendant was subsequently charged with and convicted of sexual battery. He appealed, arguing that he believed the victim consented to the act and, therefore, he lacked the specific intent to commit the charged offense.

Crimes That Require a Sex Offender Registration in Florida

May 13, 2021 | by Hanlon Law, PA

Sex crimes are serious offenses that often carry weighty penalties. Additionally, many convictions not only result in fines and prison time but may also require a person to register as a sex offender. Being on the sex offender registry can greatly impair many aspects of a person’s life, and it is critical for anyone charged with a crime of a sexual nature to understand the consequences that come with a conviction or guilty plea. If you are accused of a sex crime, it is critical to speak to a knowledgeable Sarasota criminal defense attorney as soon as possible regarding your rights.

What is the Florida Sex Offender Registry?

Under Florida law, people convicted of certain crimes are required to report to their local sheriff’s office and provide identifying information, such as their name, birth date, social security number, race, sex, hair and eye color, tattoos, and other notable marks, and height and weight.

They also have to provide personal information such as their address, place of employment and occupation, contact information, and vehicle information. This information is used, in part, to create a profile for the individual on the public sex offender registry website, which anyone can access to look for offenders by name or to search certain areas to see if offenders live or work there. Continue Reading ›

Florida Court Explains Exceptions to Rule Against Hearsay in Sex Crime Cases

January 13, 2021 | by Hanlon Law, PA

In many cases in which a person is charged with a sex offense involving a child, the State will have little if any direct evidence that a crime was committed. As such, the prosecution will often seek to admit circumstantial evidence to prove the defendant’s guilt, which may include hearsay testimony. Under the Florida Rules of Evidence, hearsay is generally inadmissible, but there are exceptions, as discussed in a recent ruling in which a Florida court affirmed a defendant’s conviction for sexual battery of a minor. If you are accused of committing a sex crime against a minor, it is advisable to meet with an experienced Sarasota criminal defense attorney to discuss your options.

The Charges Against the Defendant

It is alleged that the defendant was charged with sexual battery on an individual under the age of twelve. The charge arose from the allegation that he assaulted his former girlfriend’s daughter over the course of four years when he lived with the girlfriend. Prior to trial, the State filed a notice that it intended to admit hearsay evidence in the form of a handwritten note in which the victim described her sexual abuse. Following a hearing, the trial court deemed the note admissible. The defendant was convicted as charged, after which he appealed, arguing, in part, that the court erred in publishing the note.

Hearsay Testimony in Florida Criminal Trials

On appeal, the court held that the admission of the victim’s note into evidence was proper under the Florida Statute Section 90.803(23), which establishes the standard for allowing hearsay statements of child sex abuse victims into evidence at criminal trials. Specifically, the Statute states that the statement must meet certain requirements with regards to reliability. First, it must come from a source that indicates trustworthiness. Second, the content, circumstances, and time of the statement must reflect that it provides adequate safeguards of reliability.

Florida Court Discusses the Requirement to Register as a Sex Offender

July 15, 2020 | by Hanlon Law, PA

In many cases in which a defendant is convicted of a crime of a sexual nature, the court will impose a sentence that includes a requirement that the defendant register as a sex offender. In some instances, though, a court has the discretion to remove a defendant’s requirement to register as a sex offender. The court can only exercise this discretion if certain factors are met, however, as shown in a recent case in which a Florida appellate court denied the defendant’s petition for the removal of the requirement to register as a sex offender. If you are charged with a crime of a sexual nature, it is in your best interest to speak to a dedicated Sarasota sex crime defense attorney to assess the circumstances surrounding your arrest and what defenses you may be able to assert to protect your rights.

Procedural History of the Case

It is alleged that the defendant was charged with traveling to meet a minor in violation of Florida law, and unlawful use of computer service in violation of Florida law, both of which were crimes of a sexual nature. He was adjudicated guilty and sentenced by the court. His sentence included a requirement that he register as a sex offender. As such, he filed a petition to remove the requirement. The sentencing court denied the defendant’s motion, after which he appealed.

Removal of the Requirement to Register as a Sex Offender

Under Florida law, if certain requirements are met, a court has the discretion to consider removing a requirement imposed on a defendant convicted of a sex crime. Specifically, the requirement can be waived if a defendant is convicted of sexual performance of a child, lascivious or lewd offenses that were committed in the presence of a person under the age of sixteen, and engaging in specific computer transmissions that are prohibited by law.

Court Discusses Illegal Sentences in a Florida Sex Crime Case

June 13, 2020 | by Hanlon Law, PA

In some instances in which a defendant is charged with a sex crime, the State’s evidence is compelling, and it is prudent for the defendant to enter a plea of nolo contendere to avoid receiving the maximum penalties permitted. Even if a defendant does not defend against criminal charges, however, any sentence issued must nonetheless be within the statutory limitations, and if they are not, may be vacated as illegal sentences, as discussed in a recent Florida case. If you are charged with a sex crime, it is advisable to contact an experienced Sarasota sex crime defense attorney regarding your options and potential penalties.

Factual and Procedural History of the Case

It is alleged that the defendant was charged with attempted sexual battery and attempted lascivious or lewd molestation, both of which were allegedly committed against a person less than twelve years old. The defendant entered a plea of nolo contendere, after which the court imposed concurrent sentences of twenty years imprisonment, followed by probation for life. The defendant appealed, arguing that the sentences were illegal because they exceeded the maximum penalties set forth by law for second-degree felonies. The trial court denied the motion, and the defendant appealed the denial.

Grounds for Vacating a Sentence in Florida

Under the Florida Rules of Civil Procedure, a court may correct an illegal sentence if the defendant affirmatively alleges that the court records, on their face, establish an entitlement to the relief requested. In the subject case, the court noted that sexual battery on a person under twelve years old is a first-degree felony that is punishable by up to thirty years in prison. Thus, the court found that the sentence of twenty years imprisonment followed by lifelong probation exceeded the statutory maximum and, as such, was illegal.

Florida Court Discusses Waiver of Statute of Limitations Argument

March 14, 2020 | by Hanlon Law, PA

Criminal matters typically involve an evaluation of what strategy is most likely to result in a successful outcome, whether it is asserting an affirmative defense, seeking a deal on a lesser charge, or some other plan. In some instances, if a criminal defendant chooses one plan of action, it may preclude him or her from asserting other defenses. For example, the issue of whether a defendant that argues the statute of limitations bars criminal charges is entitled to a jury instruction of a lesser included offense on the same charges was recently addressed by a Florida appellate court, in a case in which the defendant was charged with sexual battery. If you are faced with charges of sexual battery or any other sex crime, it is critical to meet with an experienced Sarasota sex crime attorney to discuss what plan of action is most appropriate in your case.

Procedural History of the Case

Reportedly, the defendant was charged with armed sexual battery. Before the trial, he moved to have the charge dismissed, arguing that it was not filed within the statute of limitations. The court denied the defendant’s motion, and the case proceeded to trial. Following the prosecution’s case in chief, the defendant waived his right to argue the statute of limitations so that the jury could be instructed on the lesser included offense of sexual battery. The State argued that the defendant could not waive the right, and the court agreed, declining to instruct the jury regarding the sexual battery. The defendant was convicted of armed sexual battery, after which he appealed, arguing the court erred in refusing to instruct the jury on the lesser included offense.

Right to a Jury Instruction Regarding a Lesser Included Offense

On appeal, the court stated that under Florida law, a criminal defendant cannot have a charge dismissed pursuant to the statute of limitations and then latter waive the statute of limitations argument as to lesser included offenses arising out of the dismissed charge. In other words, if the defendant gets charges dismissed based on the statute of limitations, he or she cannot then waive the statute of limitations as to other crimes arising out of the same criminal transaction.

Florida Court Discusses Impermissible Sentencing Considerations

December 16, 2019 | by Hanlon Law, PA

It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. If the defendant is ultimately convicted of the crimes with which he or she is charged if the information in the affidavit differs from the evidence presented at trial, the court cannot consider the information in the affidavit in determining an appropriate sentence. If the judge does consider unsubstantiated allegations in sentencing a defendant, it may be considered a violation of the defendant’s constitutional rights and is grounds for vacating the sentence. This was shown in a recent Florida appellate court case in which the defendant was convicted of various sex crimes. If you are charged with a sex crime in Sarasota, it is prudent to speak with a capable Sarasota sex crime attorney to assess your available defenses.

Procedural Background of the Case

Reportedly, the defendant was charged with lewd and lascivious battery of a child and with using a child in a sexual performance. A jury trial was held, during which the State introduced evidence that the defendant was involved in a sexual encounter with the victim, who was underage, and that he made a video recording of the encounter. The jury convicted the defendant of both charges.

It is alleged that during the sentencing hearing, the judge stated she was sentencing the defendant based on the circumstances surrounding the offense. The judge then proceeded to recite facts that were in the affidavit in support of the defendant’s arrest, which were different than the evidence produced at trial. The defendant’s attorney called the judge’s attention to the fact that there was no evidence of record to support the circumstances the judge relied upon in crafting her sentence. The judge agreed but issued the sentence of fifteen years imprisonment followed by fifteen years of sex offender probation regardless. The defendant appealed.

Florida Court Discusses a Defendant’s Rights at a Probation Revocation Hearing

October 15, 2019 | by Hanlon Law, PA

In many cases, a defendant who is convicted of a crime will be sentenced to probation. If a defendant violates the terms of the probation, however, the court may revoke the probation and sentence to the defendant to a term of imprisonment. Recently, a Florida appellate court discussed a defendant’s rights in probation revocation hearings in a case in which the defendant’s probation was revoked due to an alleged sexual assault. If you live in Sarasota and are faced with charges of sexual assault or any other crime, it is prudent to meet with a dedicated Sarasota sex crime defense attorney regarding your case.

Factual and Procedural Background

It is reported that the defendant was charged with aggravated child abuse. He entered into a plea agreement with the State and was sentenced to probation for 36 months. Subsequently, the State alleged that the defendant violated his probation by committing two acts of sexual assault. The violation report listed the offenses as the sexual battery on a victim under twelve by a person eighteen years or older. A trial was held regarding the alleged charges.

Allegedly, at the end of the trial, prior to the jury’s decision, an evidentiary hearing was held on the alleged probation violation. The court revoked the defendant’s probation without allowing the defendant to speak and sentenced the defendant to five years of imprisonment. The defendant was subsequently found not guilty of sexual assault crimes. The jury submitted a note to the judge stated that they believed the defendant committed an illegal act, but the evidence was insufficient to prove the crime charged.

Florida Court Discusses Child Hearsay Exception in Sex Crime Cases

September 16, 2019 | by Hanlon Law, PA

In Florida, if a person is charged with molestation of a minor child, the State is permitted to admit the child’s out of court statements if there is other corroborating evidence to support the statements, under the child hearsay exception. If the statements are not corroborated, however, they will be insufficient to support a conviction. The District Court of Appeal of Florida, Third District, recently discussed the standards for admitting child hearsay in a case in which the defendant was charged with sex crimes against a child. If you live in Sarasota and a charged with a sex crime involving a minor it is essential to engage a skilled Sarasota sex crime defense attorney to discuss what evidence the State is permitted to use against you at trial.

Facts of the Case

It is reported that the defendant lived in the same house as his alleged victim, who was his eight-year-old niece. The victim reported to school administrators that the defendant touched her privates and threatened to kill her if she told anyone. She underwent a physical examination which revealed no injuries. A forensic interview was conducted of the victim, during which she stated that when she was in the defendant’s room, the defendant had placed his finger inside her privates, after which she bled. She also stated the defendant touched her outside of her clothes the day before in the living room.

It is alleged that the defendant was charged with sexual battery and lewd and lascivious molestation of a child under the age of twelve. During the trial, the victim’s out of court statements were admitted under the child hearsay exception. The victim also testified at trial but stated she did not recall the incident she talked about in her forensic interview where the defendant touched her over her clothes. Additionally, the victim testified regarding another incident that was not previously reported. The defendant was convicted on both counts, after which he appealed.

Florida Court Discusses When Juveniles Are Required to Register as Sex Offenders

August 12, 2019 | by Hanlon Law, PA

Juvenile residents of Florida may be charged with sex crimes, and although they are generally treated with more leniency than adult defendants, they may still face significant penalties if they are convicted. For example, if a juvenile defendant is convicted of a sex crime, in certain cases, he or she may be required to register as a sex offender. The District Court of Appeal of Florida, Fourth District, recently explained the grounds for imposing a sex offender registration requirement on a juvenile, in a case in which the defendant allegedly violated the terms of his probation following a conviction for a sex crime. If you are a minor living in Sarasota and are charged with a sex crime it is imperative to meet with a knowledgeable Sarasota sex crime defense attorney regarding the potential penalties you face and what defenses are available to help you avoid a conviction.

Factual and Procedural Background

It is reported that the defendant was deemed delinquent for violating the terms of his probation, following a conviction for the lascivious or lewd molestation of a victim who was less than twelve years old. During the violation of probation hearing the court imposed a sex offender registration requirement on the defendant. The defendant subsequently appealed, arguing that the court erred in imposing the requirement. Specifically, he argued that the registration requirement was based on factual findings that were not made by the original sentencing judge and were therefore improper.

Sex Offender Registration Requirement

Under the Florida statute pertaining to the registration of sex offenders, a person will be deemed a sex offender if he or she has been adjudicated delinquent for committing one of the enumerated sex crimes if he or she was fourteen years old or older at the time of the offense. One of the crimes that require a person to register as a sex offender is lascivious or lewd molestation, if the court finds the molestation involved unclothed genitalia.