Nineteen year old Timothy Quinlan, a registered sexual offender, has been charged with lewd and lascivious battery and exhibition after allegedly attempting to have sex with a minor in Bradenton. Quinlan allegedly met the victim at a yard sale and had dinner at the victim’s home that night. Quinlan, admitted to police that he exposed himself to the victim. Quinlan also said he told a witness he “tried to have intercourse with the victim”. Since 2010, Quinlan has been registered as a juvenile sexual offender with the Florida Department of Law Enforcement for lewd and lascivious molestation of a child younger than 12. In this case, Quinlan is charged with two counts of lewd and lascivious battery and one count of lewd and lascivious exhibition with a victim between 12 and 15 years old.
Lewd or Lascivious Battery, which is more commonly known as statutory rape, criminalizes consensual sexual intercourse with a child older than 12, but younger than 16. Lewd and Lascivious is important to the nature of the charge and is defined as a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
If this is one’s first charge of Lewd and Lascivious Battery in Jacksonville, one may be exposed to a minimum seven and one-half year prison sentence and may also be exposed to up a fifteen year maximum prison sentence.
Lewd or lascivious exhibition is slightly different from Lewd or Lascivious Battery because of the essential element of touching. In order to be charged with Lewd or Lascivious exhibition, one must commit one of the following sexual acts in the presence of a child younger than 16 without actually touching the child:
- The simulation of any act involving sexual activity
- Intentional exposure of the genitals in a lewd or lascivious manner
- Intentional masturbation;
- Sexual bestiality;
- Sadomasochistic abuse,
- Intentional commission of any other sexual act not involving actual physical or sexual contact with the victim
If one is over the age of 18 when charged with Lewd or Lascivious Exhibition, one is exposed to a second degree felony; however, if one is under the age of 18, one is exposed to a third degree felony.
Under certain circumstances, the court can deviate from the minimum prison sentence required under Florida’s sentencing guidelines if it can be shown:
- One will be sentenced as a youthful offender before one’s 21st birthday,
- One needs specialized treatment for a mental disorder (unrelated to substance abuse or addiction) and is willing to comply with that treatment, OR
- The alleged victim was an initiator, willing participant, aggressor, or provoker of the incident
Those charged with sexual battery charges are required to register with the Florida sex offender registry. This can be damaging to many of Jacksonville’s citizens’ careers, particularly for those juveniles charged with such crimes. Many of these charges are the result of two love-struck teenagers who were caught by their parents and reported to police. Then, typically the male would be charged and placed on the sex offender registry, severely hindering these first and possibly only-time offender’s future of a decent career.
To combat this problem, In 2007, the Florida legislature enacted the “Romeo and Juliet” law. This law allows those previously convicted of a Lewd or Lascivious offense or Sexual Battery to petition the court for removal from the sex offender registry, assuming they meet a strict set of eligibility requirements. the ultimate decision of whether one’s case meets these requirements is up to the individual judge. This law requires specific facts in one’s case that:
- One engaged in a consensual sexual encounter with a 14, 15, 16, or 17 year old minor;
- One was no more than 4 years older than the alleged victim at the time of the sexual encounter
- One was subsequently convicted of sexual battery or other Lewd or Lascivious Offenses
- One was required to register as a sexual offender (or predator) solely because of the conviction, AND
- One does not have any other convictions for a Lewd or Lascivious Offense, Sexual Battery, or Lewd or Lascivious Exhibition using a Computer.
One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Registered sex offender charged with battery, exhibition in Bradenton, Bradenton Herald