Defenses to a Statutory Rape Charge Unlike normal rape charges, consent is not a defense to statutory rape. Lewd and lascivious behavior section Kidnapping Luring or enticing a child Sexual battery Unlawful sexual activity with certain minors Procuring person under age of 18 for prostitution Selling or buying of minors into sex trafficking or prostitution Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person Sexual performance by a child Computer pornography Transmission of pornography by electronic device or equipment Transmission of material harmful to minors to a minor by electronic device or equipment Selling or buying of minors Sexual misconduct If the sex offender has been released from incarceration, then he or she is required to register in-person with the local sheriff's department within 48 hours of establishing residency in the state. This offense is a first degree felony if the victim was younger than 12 and the defendant was 18 or older. State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means. Anyone who has partied in Miami's clubs, where anything goes, would be surprised to learn that Florida is among the states that prohibits a range of consensual sexual activities.
For example, several states have laws prohibiting sodomy as "unorthodox" sexual activity. These laws equally punish and stigmatize those who made a one-time mistake, as in the case of an year-old who had consensual sex with his underage girlfriend. If the victim was 13, 14, or 15 and the defendant was 18 or older; or the victim was younger than 12 and the defendant was 17 or younger, penalties include at least four years and three months and up to 15 years in prison. That being the case, some would argue that tighter regulation and stricter laws would yield even better results. Lewd and lascivious molestation includes sexual touching even over clothing between a defendant and a minor. But for every person who raises a concern about the fairness and justness of current sex offender registration requirements, there are many more calling for the state to pass even harsher penalties. For more information on statutory rape and the history of this crime, see Statutory Rape. Prohibited Sexual Contact Unnatural and lascivious act section For example, State Attorney General Bill McCollum has expressed his concerns that some of the county ordinances restricting where convicted sex offenders may live have gone too far. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time , and will know how prosecutors and judges typically handle cases like yours. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Unlawful sexual activity with certain minors includes sexual penetration with an object or body part between a minor who is 16 or 17 and an adult who is at least 24 years old. Breach of peace section State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means. Name, age, date of birth Social Security number. Current law requires life-time registration for those who have been convicted of certain crimes. However, it does prevent him from being fined, imprisoned, or both. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. And for information about rape between spouses, see Florida Marital Rape Laws. Likewise, laws dictating where convicted child molesters may live and work have likely prevented numerous crimes against children. Reasonable mistake of age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. If the victim was younger than 16 and the defendant was 17 or younger, penalties include at least three and up to 15 years in prison. Those who break the law have committed statutory rape. When the defendant was younger than 18 years old at the time of the crime, penalties include two years and six months and up to five years in prison. Prostitution is another consensual sexual activity that is commonly outlawed. Lewd and lascivious battery includes sexual penetration between an adult and a minor who is 13, 14, or 15 years old.
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