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Transmission of Harmful Material to a Minor
Defined as:
  1. Knowingly sending an image, information or data that you knew or believed to believed would be harmful to minors; TO 
  2. An individual you either (1) knew; OR (2) believed was a minor; AND
  3. The image, information or data was sent via electronic mail.
Penalties:
  • Transmitting Harmful Material to a Minor is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. 
- Section 847.0138(2) of the Florida Statutes
Traveling to Meet a Minor
Defined:
  1. Knowingly traveling to, or from, or within Florida;
  2. For the purpose of engaging in any illegal act described in chapter 794, 800, or 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed to be a child after using a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission; TO
    • Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure or entice a child or person believed to be a child, to engage in any illegal act described in chapter 794, 800, or 827, or to otherwise engage in other unlawful sexual conduct with a child; OR
    • Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian or custodian or a child to consent to the participation of such child in any act described in chapter 794, 800, or 827, or to otherwise engage in any sexual conduct.
​Penalties:
  • Traveling to Meet a Minor is a felony of the second degree, punishable by up to 15 years prison & no more than a $10,000 fine. 
- Section 847.0135(4) of the Florida Statutes
Lewd or Lascivious Molestation
Defined:
  • A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to do so to the perpetrator, commits lewd or lascivious molestation. Section 800.04(5)(a) of the Florida Statutes.
Penalties Based on Age:
  • Any offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony. Any offender convicted may be punished by either:
    • Life in prison; OR​
    • A split sentence of at least 25 years in prison, followed by probation or community control for the remainder of the offender's natural life. Section 775.082(3)(a)(4) of the Florida Statutes. 
  • Any offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age commits a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine. Section 800.04(5)(c)(1) of the Florida Statutes.
  • Any offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine. Section 800.04(5)(c)(2). of the Florida Statutes.
  • Any offender less than 18 years of age who commits a lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. Section 800.04(5)(d) of the Florida Statutes.
Lewd or Lascivious Battery 
Defined:
  • ​A person who either (1) engages in sexual activity with a person 12 years of age or older but less than 16 years of age; OR (2) encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits Lewd Or Lascivious Battery.​
Penalties:
  • Lewd or Lascivious Battery is a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine. 
- Section 800.04(4) of the Florida Statutes
Ignorance of Victim's Age is Not a  Defense:
  • The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense. 
- Section 800.04(2)(3) of the Florida Statutes
Victim's Consent or Lack of Chastity are Not a Defense:
  • Section 800.04(2) of the Florida Statutes.
Sexual Battery
Defined as:
  • Oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object. 
  • Without the victim's consent.
- Section 794.011(1)(j) of the Florida Statutes
Consent Defined:
  • Intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.
- Section 794.011(1)(a) of the Florida Statutes
Penalties Vary Depending on Age:
  • If a person 18 years of age or older commits sexual battery upon (or in an attempt to commit sexual battery injures the sexual organs of) a person less than 12 years of age, the crime is a capital felony punishable by life in prison or even death. Section 794.011(2)(a) of the Florida Statutes.
  • If a person less than 18 years of age commits sexual battery upon (or in an attempt to commit sexual battery injures the sexual organs of) a person less than 12 years of age, the crime is a life felony, punishable by up to life in prison. Section 794.011(2)(b) of the Florida Statutes.
  • If a person 18 years of age or older commits sexual battery upon another person 18 years of age or older without that person's consent, the crime is a felony of the first degree, punishable by up to 30 years in prison and no more than a $10,000 fine. Section 794.011(4)(b) of the Florida Statutes.
  • If a person younger than 18 years of age commits a sexual battery upon a person 12 years of age or older without that person's consent, the crime is a felony of the first degree, punishable by up to 30 years in prison and no more than a $10,000 fine. Section 794.011(4)(c). of the Florida Statutes. 
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • Convictions for any of these sexual offenses will have dire consequences. You could face significant fines, probation, jail or prison time. Convictions for some of these crimes will also require you to register as a sex offender. 
  • If you have been charged with any of these sexual offenses call (813) 787-4849 now for a free case consultation. 
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