Orlando Misdemeanor Sex Crime Attorneys

Whether a charge is for indecent exposure, possession of child pornography, solicitation of prostitution, or sexual assault, the penalties for committing a sex crime in Orlando can be severe, making it especially important for those who have been accused of these types of offenses to have a thorough understanding of the elements of these crimes.

Indecent Exposure in Orlando

While most people associate sex crimes with offenses like assault or rape, there are a number of less serious offenses that also qualify as sex crimes. Indecent exposure, for example, is a misdemeanor sex crime that involves publicly displaying one’s sexual organs. Like other sex offenses, there are a number of things that prosecutors must demonstrate, including that the defendant showed his or her sexual organs and:
  • Was either in a public place or one another person’s private property
  • Intended to and did expose him or herself in an offensive manner
Of these elements, intent is key. This is because if a prosecutor cannot prove that a person actually meant to show his or her sexual organs in a lewd manner, that individual cannot be convicted. To qualify as lewd, an act must be sensual and must offend someone else who witnessed it. For example, a person who accidentally exposes him or herself in public will not have the intent required to obtain a conviction. Furthermore, even if the element of intent is satisfied, a person cannot be convicted unless he or she was in public or on another person’s private property Finally, if a person is not in public, prosecutors will need to find a witness who was offended by the act before a person can be charged.

Defendants who are convicted of this offense face up to a year in prison, although if a prosecutor alleges aggravating circumstances, the crime could be charged as a felony.

Orlando Sexting Lawyers

Another lesser known offense that qualifies as a sex crime is “sexting,” which is criminalized under Fla. Stat. 847.0141. According to this statute, minors are prohibited from using a computer or electronic device to send a photo or video to another minor if that image depicts nudity and is harmful to those under the age of 18 years old. Nudity is defined under Orlando law as showing the genitals, buttocks (if they are covered by a less than opaque material), pubic area, or female breast below the nipple. Additionally, prosecutors must also demonstrate that the image is harmful to minors, which includes any depiction of nudity or sexual conduct that appeals to a sexual interest, is patently offensive, and is without serious literary, artistic, or scientific value.

In fact, minors can even be charged with sexting just for having this type of image in their possession. However, if they can prove that they did not solicit the image, took steps to report it, and didn’t send or show it to anyone else, the individual could escape prosecution. Generally, multiple photos and videos are charged as a single offense, as long as they were sent within the same 24 hour period.

In an effort to help rehabilitate teens who are accused of this offense, Orlando’s Legislature has stated that the first violation of the sexting law will be considered a noncriminal violation, requiring community service, a small fine, and participation in a cyber-safety program. However, second violations are charged as first degree misdemeanors, while subsequent convictions are considered third degree felonies.

Finally, in the event that a minor is arrested for sending pictures that depict both nudity and sexual conduct, the charges could be enhanced to possession of child pornography. If the photos were taken without the subject’s consent and were sent as a means of harassment, the accused could also face stalking charges.

Voyeurism Law in Orlando

Under Fla. Stat. 810.145, video voyeurism is strictly prohibited. This offense involves:
  • Intentionally using a camera or other recording device to secretly view a person, without his or her consent
  • Viewing a victim while he or she was undressing or privately exposing the body
  • Viewing a victim for entertainment, arousal, or profit
The severity of the penalties faced by a defendant who is convicted of video voyeurism depends on the age of the offender. Someone who is under the age of 19 years old, for example, will be charged with a first degree misdemeanor, while those who are over this age can be charged with a third degree felony. However, the penalties can be enhanced if a defendant recorded someone under the age of 16 years old, or committed the offense against a student at a school. Although defenses are available to those who have been accused of these offenses, defendants are not permitted to argue that they did not know the age of the victim.
Newsweek Super Lawyers BBB Avvo The National Trials Lawyers