September 18, 2008

Did you know adultery is a crime in Florida?

If you live in Florida, you may be breaking laws and not even know it.

It is a crime to live openly in adultery. If one of the parties involved is married and the other party is not, the police could make an arrest and the crime is a second degree misdemeanor. That means it is punishable for up to 60 days in jail.

It is also a crime to "sexually" associate with someone you are not married to. This crime is also a second degree misdemeanor.

If you have any questions about sex charges in Jacksonville, call our Jacksonville Sex Crimes Attorneys at (904) 634-0900.

September 9, 2008

Jacksonville Beach Man Arrested for Sexual Battery

This week, a Jacksonville Beach man, Billy Ray West, was arrested for having sex with a 16 year-old boy. The police claim he confessed to the crime and that they have two witnesses that saw the act.

Mr. West will likely be charged with sexual battery on a person 12 years of age or older. This is a first degree felony punishable for up to 30 years in prison.

Sexual battery is defined as oral, vaginal, or anal penetration by, or just touching, the sexual organ of another person. The crime also includes touching or penetrating the sexual organ of another person with an object.

If you have any questions sex charges, please contact our Jacksonville Sex Crime Attorneys at (904) 634-0900.

August 30, 2008

Homeless Man Arrested for Offering Two Pennies for Sex

A homeless man in Florida was arrested for offering an undercover detective 2 cents for sex. The Lee County Sheriff's Office conducted a prostitution sting in Bonita Springs on August 21st.

In Florida, it is a crime to solicit or induce someone to commit prostitution. Prostitution means offering your body for sexual activity for compensation. The Florida prosecutor will have to prove the homeless man actually intended to pay 2 cents for sex.

If you have any questions about any sex charges, please call our Jacksonville Sex Crime Attorneys at (904) 634-0900.

July 27, 2008

Other States Use Florida as a Model for Sex Offense Laws

Many states, such as Massachusetts, have passed stricter sex offense laws. According the the Worcester Telegram, Massachusetts has passed a law similar to Florida's "Jessica's Law". The new law makes offenders serve a minimum 10 years in prison if they are convicted of aggravated sexual battery on a child and serve a minimum of 15 years in prison if you are a teacher of guidance counselor and you commit a sexual assault on a child.

Jessica's law was passed in Florida in 2005 and made a 25 year minimum mandatory sentence for people convicted of lewd and lascivious molestation of a child. That means if convicted of this charge, the absolute least amount of time served in prison would be 25 years and the maximum would be life in prison. This Florida law also increased the mandatory requirements for sex predator/offender probation.

July 15, 2008

Florida Sex Offender Probation Requirements

In Jacksonville and all of Florida, if you plea to a sex offense, you will probably be placed on "Sex Offender Probation". Of all criminal probation in Florida, sex offender probation is the most restrictive by far. There are several conditions of probation:

1. You will have a mandatory curfew from 10:00 p.m. to 6:00 a.m.

2. If the alleged victim is under 18, you have to live at least 1000 feet away from a school, daycare, playground, park, or any other location children tend to gather.

3. You must complete sex offender treatment, which is a comprehensive series of tests and therapy. You have to pay for this treatment and it can be quite an expense.

4. You will not be allowed to have contact with the alleged victim or any person under the age of 18 if the alleged victim was under 18.

5. You have to get a risk assessment completed. After the assessment, an opinion will be given as to the risk posed to children.

6. You will not be allowed to work anywhere children regularly gather, including zoos, schools, malls, theme parks, etc.

7. You are not allowed to view or possess any pornographic material in any way.

8. You must give a sample of your DNA to the Florida Department of Law Enforcement.

9. You have to pay for any and all medical and psychological services used by the alleged victim.

10. During your Florida probation, you are subject to a warrantless search of your body, home and car by the probation officer.

11. At least once a year, you have to submit to a polygraph (lie detector) test. You also have to pay for this.

12. You have to keep a driving log and cannot drive alone without the permission of your probation officer.

13. You cannot have a post office box without the permission of your probation officer.

14. You have to submit to an HIV test and pay for it.

This is just probation. There is also substantial jail or prison time associated with all sex crimes. As you can see, sex offense accusations in Florida are taken very seriously by the police and the state attorney's office.

If you or anyone you love is accused of sex charges, their rights have to be protected. Call our experienced Jacksonville Criminal Defense Lawyers for a free consultation at (904) 634-0900.

July 13, 2008

Florida Counties Want to Increase Restrictions on Sex Predators

Many counties in Florida want put further restrictions on where sex offenders and sex predators can live. Under Florida law, sex offenders and predators cannot live within 1,000 feet of school, public library, daycare center, playground or anywhere children regularly gather.

Counties can increase penalties on state crimes, but cannot decrease them. Florida counties such, as St. Lucie County, want to increase the distance sex predators can live away from places where children congregate from 1,000 feet to 2,500 feet. Jacksonville and all of Duval County already has such an ordinance.

If you have any questions about criminal charges, please contact our Jacksonville Sex Offense Criminal Defense Attorneys at (904) 634-0900.

June 26, 2008

Accused Sex Criminals Cannot be Executed

In a 5-4 decision Wednesday, the United States Supreme Court held that capital punishment can only be applied to murderers. The Court cited the Eighth Amendment to the Constitution and found that "evolving standards of decency that mark the progress of a maturing society" must be considered. The Supreme Court has also eliminated the death penalty for mentally retarded people, people who were under the age of 18 at the time of the murder, and for people who did not have a proper defense at trial.

There were 6 states that allowed the death penalty for rape. They are Florida, Louisiana, Montana, Oklahoma, South Carolina, and Texas. Treason, aggravated kidnapping, drug trafficking, aircraft hijacking, and espionage are also other crimes eligible for execution. None of these crimes has been prosecuted as a death penalty case.

This ruling will effect the all cities in the State of Florida, including Jacksonville. There are currently 388 people on death row in Florida for murder. 32 come from Duval County. Since 1976, 64 people have been executed in the State of Florida.

If you have any questions about criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

June 19, 2008

Jacksonville Misdemeanor Indecent Exposure Charges

The crime of Indecent Exposure in Florida requires that you expose your sexual organs in a public place, on the private property of another, or so near it that you could be seen from the private property of another in a vulgar or indecent manner. A person merely urinating in a public place does not violate this law. A person may also not violate this law if they are not in a state of arousal while exhibiting their sexual organs and if their actions are not otherwise indecent, lewd, or obscene. However, if the person coupled his exposure with other inappropriate conduct, such as yelling curse words at the alleged victim, he may not have to be aroused.

If you have any questions about your criminal case, contact our Jacksonville Criminal Defense Attorneys today at (904) 634-0900.