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Gainesville Sex Crimes Lawyer

Sex Offenses

Individuals in Florida are often charged with sexual offenses after a false accusation, they committed an offense without the intent to, or they were unaware their acts were illegal. No matter the reason, sexual offenses in Florida can result in serious repercussions, including social stigma, a criminal record, sex offender registration requirements, fines and/or a jail or prison sentence. A few of the most commonly prosecuted sexual offenses in Florida include, but are not limited to:

Gainesville Sex Crime Defense Lawyer

If you have been charged with any sex crime in Gainesville, or any of the surrounding areas in Florida, including Ocala, Alachua, and Lake City, contact the Galigani Law Firm. Dean Galigani is an experienced criminal defense attorney Board Certified in Criminal Trial Law by the Florida Bar, its only expert designation and a difficult distinction to reach. He also represents students during sex crime related college disciplinary hearings. Call the Galigani Law Firm today for a free consultation at (352) 375-0812 about your alleged sex crimes charge.


 

Florida Sex Crimes Information Center


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Sexual Offenses in Florida

Some of the most common sex crime charges in Florida are:

Sexual Battery – Fla. Stat. § 794.011 – A person can be charged with this offense if they commit any non-consensual oral, anal or vaginal penetration with their sexual organs or any other object to another person that is not for a medical purpose. This offense is also commonly known as rape and can result in a conviction for a felony of the first degree, life felony or capital felony, depending on the age of the victim, whether the victim had any disabilities, and whether a weapon was used during the commission of the offense.

Rape – Fla. Stat. § 794.011 – A person commits rape in Florida if they commit a sexual battery. Sexual battery is defined as any non-consensual oral, anal or vaginal penetration by the sexual organ of another person or any other object that is not for a medical purpose. This offense can result in a conviction for a felony of the first degree, life felony or capital felony, depending on the age of the victim, whether the victim had any disabilities, and whether a weapon was used during the commission of the offense.

Unlawful Sexual Activity with a Minor (Statutory Rape) – Fla. Stat. § 794.05 – A person can be charged with this offense if they are at least 24 years old and engage in sexual activity, or oral, anal or vaginal penetration, or union with the sexual organ of another, who is 16 or 17 years old. This offense is punishable as a felony of the second degree.

Exposure of Sexual Organs (Indecent Exposure) – Fla. Stat. § 800.03 – An individual can be charged with this offense if they expose their sexual organs in public in an indecent manner, or are naked in public. This offense is punishable as a misdemeanor of the first degree.

Lewd and Lascivious Acts (Lewd Conduct) – Fla. Stat. § 800.02 – An individual can be charged with this offense if they commit conduct with sexual connotations or they engage in crude and indecent behavior. A conviction for this offense can result in a misdemeanor of the second degree.

Sexual Performance by a Child (Child Pornography) – Fla. Stat. § 827.071 – An individual can be convicted of this offense if they knowingly use or promote a child less than 18 years old to engage in a sexual performance. This offense is generally punishable as a felony of the second degree.


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Penalties for Florida Sex Crimes

A conviction for a sex offense in Florida can result in the penalties listed below. However, these penalties are the statutory minimum penalties and can vary depending on the type of offense, the age of the victim, whether the victim had any disabilities, whether a weapon was used during the commission of the offense, and whether the alleged offender has previously been convicted of any offense.

  • A conviction for a misdemeanor of the second degree can result in a jail sentence up to 60 days and/or fines up to $500.
  • A sexual offense that is a misdemeanor of the first degree can lead to jail time up to one year and/or a fine up to $1,000.
  • A conviction for a felony of the third degree can result in a prison sentence not more than five years and/or a fine not exceeding 5,000.
  • A sexual offense that can result in a felony of the second degree can result in up to 15 years in prison and/or a fine up to $10,000.
  • A felony of the first-degree offense can lead to a prison sentence up to 30 years and/or a fine up to $10,000.
  • A life felony in Florida can result in a prison sentence from 30 years to not more than life in prison and/or a fine not exceeding $15,000.
  • A conviction for a capital felony in Florida can result in a death sentence.

If an individual is convicted of a sexual offense in Florida, they can also face the following collateral consequences:

  • Damage to their reputation
  • Job loss or inability to work in certain occupations or fields
  • Loss of relationships with friends and family
  • Requirements to register as a sex offender
  • Criminal record that could be permanent
  • Loss of certain educational opportunities
  • Inability to receive certain government funding or scholarships

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Sexual Offender Registration Requirements

Under the Florida Sexual Predators Act in Chapter 775 of the Florida Statutes, anyone who has been convicted of a sexual offense is required to register with the sheriff’s office for certain periods of time depending on the offense they have been convicted of.

A sexual predator is defined as an individual who has been convicted of a felony sexual offense where the victim is a minor.

If an individual has been convicted of indecent exposure, lewd conduct, child pornography or statutory rape, they are required to register with the sheriff’s department two times per year for the remainder of their life.

If an individual has been convicted of sexual battery or rape, they are required to register with the Florida sheriff’s department four times per year for life.


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Sex Crime Resources in Florida

Florida Statutes Online – This website contains all the rules and regulations pertaining to sexual offenses in Florida. This link is direct to Chapter 794, which pertains to sexual battery offenses, penalties and any statutory defenses to sexual battery.

The Association for the Treatment of Sexual Abusers – This national organization is dedicated to preventing sexual abuse through education, learning and shared research on public policies and community strategies.

FDLE Sexual Offender Reporting Requirements – The Florida Department of Law Enforcement’s (FDLE) website contains the reporting requirements for offenders who have been convicted of sexual offenses in Florida. The Gainesville office of the Florida Department of Law Enforcement (FDLE) can be contacted at:

Phone: (352) 373-0566

Gainesville Police Department (GPD) – This Florida governmental agency provides service to the community, protects citizens of the community and enforces laws of the state. This website permits users to access information about the GPD and police-related activity in the community, including crime prevention, online forms, and services, frequently asked questions and victim services. The Gainesville Police Department is located at:

413 NW 8th Ave
Gainesville, Florida 32601
Phone: (352) 955-1818

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Galigani Law Firm | Florida Sex Crimes Attorney

Contact the Galigani Law Firm today for a consultation about your sexual offense throughout Alachua County in Florida. Dean Galigani is an experienced attorney for criminal defense in Gainesville who will make every effort to help you achieve the best possible outcome for your particular situation. Contact the Galigani Law Firm at (352) 375-0812 for a consultation about your alleged sex crime throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.