Articles Posted in Sex Crimes

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A conviction for a sex crime in Florida can change the course of a defendant’s life forever, bringing prison time, probation, and mandatory sex offender registration. When these cases reach the appellate level, the focus shifts to whether the trial was conducted fairly and whether the evidence truly supports the conviction. A recent decision issued in a Florida sex crime case demonstrates how Florida courts evaluate sufficiency-of-evidence challenges and underscores the high stakes in cases involving allegations of child exploitation. If you are accused of a sex offense, a St. Petersburg criminal defense attorney can help you challenge the State’s case and protect your future.

History of the Case

It is reported that the defendant lived with a domestic partner and their two minor children in the same household. Allegedly, the defendant surreptitiously recorded his fourteen-year-old daughter while she lay in bed, partially unclothed and engaged in sexual conduct. The recording, which lasted approximately seven minutes, contained zoomed-in images of the minor’s breasts.

It is alleged that the defendant showed the video to his partner, who urged him to delete it. Reportedly, the defendant did not delete the recording. Instead, his partner later brought the minor to the police station to file a report. The defendant was arrested and voluntarily turned over the recording to law enforcement authorities.

It is reported that the State charged the defendant with multiple offenses, including three counts of sexual activity with a child by a person in familial authority, one count of video voyeurism involving a child, and one count of possession of a sexual performance by a child. At trial, the defendant admitted to making the recording but argued that his intent was parental concern, claiming he suspected the child of inappropriate online sexual communications, and not sexual gratification. The trial court denied his motion for judgment of acquittal. The jury ultimately acquitted him of the other counts but found him guilty of possession of a sexual performance by a child. He was sentenced to 366 days in prison, followed by four years of sex offender probation.

Evidence in Sex Crime Cases

On appeal, the defendant contended that the State presented insufficient evidence to support his conviction. Specifically, he argued that section 827.071(5), Florida Statutes, required proof that he intended to arouse or gratify sexual desire, which he denied possessing.

The court explained that a trial court’s denial of a motion for judgment of acquittal is reviewed de novo, meaning the court reconsiders the record independently. The standard requires affirmance if, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the crime’s elements proven beyond a reasonable doubt.

The court then examined the statutory framework. Section 827.071(5), Florida Statutes, criminalizes the knowing possession, control, or intentional viewing of material known to include child pornography. “Child pornography” is defined as an image depicting a minor engaged in sexual conduct, and “sexual conduct” includes masturbation or contact with intimate body parts with the intent to arouse or gratify sexual desire.

Applying these provisions, the panel concluded that the video recording met the statutory definition of child pornography and that the jury was entitled to reject the defendant’s explanation of his intent. The court emphasized that whether the recording constituted prohibited sexual performance was properly a jury question. Because competent, substantial evidence supported the jury’s verdict, the conviction was affirmed. The panel cited prior Florida cases recognizing the legislature’s strong interest in preventing the exploitation of children, even in circumstances where a defendant claims nonsexual motives.

Speak to a St. Petersburg Criminal Defense Attorney About Your Case

Sexual offense cases involving minors are among the most serious charges prosecuted in Florida, and the consequences of conviction can include lengthy prison sentences and mandatory sex offender registration. These cases often hinge on the interpretation of statutory elements and the credibility of competing explanations for a defendant’s conduct. If you are facing charges of this nature, the experienced St. Petersburg sex crime defense attorneys at Hanlon Law can help you build a strong defense and ensure your constitutional rights are protected. Contact our Miami office today at 727-289-0222 or complete our online form to schedule a confidential consultation.

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In criminal trials, it is essential for judgments to align with the jury’s findings, ensuring defendants are sentenced according to the actual charges proven in court. If they do not, it may result in an unjust outcome and may be grounds for pursuing an appeal. This was demonstrated in a recent Florida ruling that illustrated how procedural missteps in the judicial process can result in severe sentencing errors. If you are facing criminal charges, working with an experienced St. Petersburg criminal defense attorney is critical to ensuring your rights are protected throughout the legal process.

Facts and Procedure of the Case

It is alleged that the defendant was charged with lewd molestation after reportedly touching the victim in a lewd or lascivious manner during a swimming pool incident at his home. The prosecution alleged the victim was under the age of 12 at the time, elevating the charge to a first-degree felony punishable by life imprisonment under section 800.04(5)(b) of Florida Statutes.

It is reported that during the trial, the victim consistently testified to being 12 years old at the time of the incident, making the appropriate charge of lewd or lascivious molestation on a victim aged 12 or older but less than 16. This charge constitutes a second-degree felony with a maximum sentence of 15 years under section 800.04(5)(c). The jury was instructed on and ultimately convicted the defendant of this lesser offense.

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People convicted of sex crimes will often be sentenced to supervised release after their incarceration. Typically, the court will impose standard conditions as terms of the release. In certain instances, they may impose additional parameters, such as financial restrictions, to prevent the defendant from engaging in further criminal activity. As illustrated in a recent Florida sex crime case, as long as such terms are reasonably related to the sentencing factors, they will likely be upheld. If you are charged with a sex crime, it’s essential to understand your rights, and it’s wise to reach out to a St. Petersburg sex crime defense lawyer to evaluate your case.

Factual Setting and Procedural Background

It is alleged that the defendant was convicted of a child pornography offense involving electronic devices. His criminal history also included prior offenses related to child pornography and various sex crimes. In light of his criminal past and the nature of his offenses, the district court imposed a special condition of supervised release that prohibited him from incurring new credit charges, opening additional lines of credit, or making major purchases without prior approval from his probation officer.

It is reported the court imposed these financial restrictions to support the defendant’s compliance with other conditions of his supervised release, particularly the prohibition on using electronic devices. The defendant challenged this condition, arguing that it was not reasonably related to the sentencing factors outlined in 18 U.S.C. § 3553(a) and involved a greater deprivation of liberty than was necessary. Continue reading →

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Sex crime convictions can devastate people’s lives. In order to convict a person of a sex crime, though, the State must produce evidence sufficient to establish each element of the charged offense. Notably, they must do so based on the statute at the time the alleged crime was committed, not when the trial is conducted, as discussed in a recent Florida sex crime case. If you are accused of a sex offense, it’s important to understand your rights, and it’s advisable to contact a St. Petersburg sex crime defense lawyer.

Factual Background and Procedural Setting

It is alleged that the State charged the defendant with sexual battery on a victim under 12 years of age. Testimony at trial revealed that the victim, who was nine and ten years old at the time, visited her sister’s apartment where the defendant lived. During these visits, the defendant inappropriately touched the victim multiple times. Initially, the victim could not remember if the defendant’s fingers went inside her, but after her memory was refreshed with her deposition, she confirmed that they did.

Reportedly, before closing arguments, the trial court and parties discussed the jury instructions. The State requested that the jury be instructed under the 2022 version of the sexual battery statute, which had expanded the definition of sexual battery to include penetration of the female genitals, not just the vaginal canal. The defendant objected to the use of these definitions, but the court overruled the objection. The jury convicted the defendant of both sexual battery and lewd or lascivious molestation, and he was sentenced to life imprisonment. He appealed. Continue reading →

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The Florida courts staunchly punish sex crimes, especially when they involve minors. While the sentencing guidelines dictate what constitutes an appropriate punishment, they allow for enhanced sentences, if necessary, based on the facts of the case. In a recent Florida sex crime case, the court discussed the interpretation of the sentencing guidelines, ultimately determining that the defendant’s sentence was appropriate. If you are faced with accusations that you committed a sex crime, it is advisable to meet with a St. Petersburg sex crime defense lawyer to determine your possible defenses.

Case Setting

It is reported that the defendant arranged for the transportation of a 17-year-old girl from Texas to New Jersey to facilitate her involvement in commercial sex acts. Between February and April 2021, the defendant and the victim traveled through multiple states. During this period, the defendant instructed the victim to advertise sex work online, rented motel rooms for her, communicated with her regarding her activities, and took a portion of her earnings. A Florida Sherriff’s office rescued the victim during an undercover operation and arrested the defendant.

It is alleged that a federal grand jury indicted the defendant on four counts: knowingly transporting a minor for commercial sex acts, knowingly persuading a minor to engage in prostitution, using interstate commerce to promote prostitution, and knowingly transporting a person for the purpose of prostitution. The defendant pleaded guilty to all four counts without a plea agreement. The Presentence Investigation Report recommended a five-level repeat-offender enhancement under the Sentencing Guidelines. Continue reading →

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In Florida, convictions for sex crimes typically result in substantial penalties. In some instances, a criminal defendant will try to seek a downward sentence by highlighting mitigating factors in their favor. The Florida courts are not required to reduce sentences due to such factors, though, as illustrated in a recent Florida case. If you are charged with sex offenses, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your options.

Factual and Procedural Background

It is alleged that the defendant was charged with numerous sex crimes involving minors, including creating, distributing, and possessing child pornography and transferring obscene materials to a minor. He entered guilty pleas to all of his charges without a plea agreement. Prior to sentencing, a presentence investigation report (PSI) was prepared describing his conduct. Specifically, it noted that he created videos of children being sexually abused, distributed them, and attempted to meet with up someone he thought was a thirteen year old child.

Reportedly, the advisory guidelines range the defendant’s charges was set at the statutory maximum of 960 months’ imprisonment, with a statutory minimum term of 180 months’ imprisonment. The defendant sought a downward variance from the guideline range to the statutory minimum, citing his difficult personal background marked by his mother’s alcoholism, mental health issues, and struggles with substance abuse. He argued that his mitigating circumstances warranted a lower sentence. Continue reading →

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Under Federal law, it is illegal for adults to engage in sexual activity with minors. As such, if an adult participates in a romantic relationship with a person under the age of 18, they may face serious criminal charges. As demonstrated in a recent opinion delivered in a Florida case in which the court discussed the evidence sufficient to sustain sex crime convictions, people may be found guilty regardless of whether they intended to commit the crime with which they are charged. If you are faced with accusations that you committed a sex crime, it is in your best interest to meet with a St. Petersburg sex crime defense lawyer regarding your case.

Factual and Procedural Background

It is alleged that the victim ran away from home when she was 16 years old and began trading sex for money. She met the defendant when she was 17, and shortly thereafter, they began a romantic relationship. They traveled together, and during one of their trips, the defendant took a picture of them engaging in sexual relations. The defendant also, essentially, began acting as the victim’s pimp.

It is reported that the defendant became jealous that the victim had sexual relations with other people, and the situation became violent. The victim called the police on the defendant, who was arrested and charged with numerous crimes, including producing child pornography and sex trafficking a minor. The jury found the defendant guilty of all the charges, and he appealed. Continue reading →

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In Florida criminal matters, defendants typically only have one chance to demonstrate set forth evidence in support of their innocence or point out flaws in the prosecution’s arguments. There are exceptions, though, such as when new evidence is discovered after a conviction that would have changed the outcome of the case. Recently, a Florida court discussed what constitutes newly discovered evidence for the purposes of vacating a criminal conviction in a case in which the jury convicted the defendant of sex crimes. If you are charged with a sex offense, it is smart to speak to a St. Petersburg sex crime defense attorney to evaluate your possible defenses.

History of the Case

It is alleged that in 2001, a jury convicted the defendant of charges related to lewd and lascivious acts with a child. Subsequently, in 2014, the defendant filed his first postconviction motion, alleging that his trial counsel had misadvised him to reject a plea offer from the State. The postconviction court denied relief, and this decision was affirmed on appeal.

Reportedly, in 2020, the defendant filed a second postconviction motion, alleging newly discovered evidence of ineffective assistance of counsel based on an affidavit from the judge who presided over the defendant’s 2001 trial. In the affidavit, the judge claimed that he had heard a plea offer in open court that was not conveyed to the defendant. The post-conviction court granted the defendant’s motion without holding an evidentiary hearing, concluding that the defendant did not receive a fair trial. The state then appealed. Continue reading →

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Prior convictions can have a detrimental impact on a defendant’s punishment scoresheet. As such, if there are grounds for calling a prior conviction into question, they should be asserted, as it could ultimately result in a reduced sentence. In a recent opinion delivered in a sex crime case, a Florida court discussed the procedure for evaluating whether a prior conviction should be considered valid for the purposes of sentencing. If you are charged with a sex offense, it is smart to speak to a St. Petersburg sex crime defense attorney to assess what defenses you may be able to assert.

The Case Background

It is alleged that the defendant was charged with two counts of sexual battery on a mentally defective victim, one count of lewd and lascivious behavior, and one count of unlawful sexual activity with a minor. He was convicted and sentenced.  Following his sentencing, he filed a motion to correct a sentencing error in which he contested three prior convictions that contributed to his scoresheet. Among these convictions were two counts of burglary of an unoccupied conveyance, a conviction for lewd or lascivious molestation on a person under 12 years of age, and a grand theft auto conviction. The trial court failed to issue a ruling on the motion within the mandated 60-day period, though, and it was deemed denied pursuant to Florida law. The defendant appealed.

Contesting Prior Convictions in Florida Criminal Matters

On appeal, the court explained that in cases where a defendant contests the veracity of their prior convictions, the State is required to provide competent evidence corroborating these convictions. Unfortunately, in this instance, the trial court did not demand such evidence despite the defendant’s assertions that his prior convictions were improper. As such, the court determined that an evidentiary hearing was warranted to assess the contested prior convictions. The goal of the hearing is to ascertain whether the appellant’s scoresheet requires correction based on the accuracy of the prior convictions. Continue reading →

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Generally, the state cannot rely on a criminal defendant’s prior conviction to establish guilt for a current charge. The state can introduce evidence of previous convictions and other bad acts for other reasons, however, as long as it does not violate an evidentiary rule. Recently, a Florida court affirmed that evidence of a defendant’s prior conviction was relevant and, therefore, admissible in a matter in which it upheld the defendant’s conviction for possessing child pornography. If you are charged with possessing illegal materials of a sexual nature, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your rights.

The Facts of the Case

It is reported that the government charged the defendant with possession of child pornography in violation of federal law. During his trial, the government introduced evidence of the defendant’s conviction for possessing child pornography in 1995. The defendant subsequently appealed his conviction and sentence, arguing that the trial court erred in admitting such evidence.

Evidence Admissible in Criminal Trials

The trial court ruling was affirmed on appeal. The court explained that under the Federal Rules of Evidence, a court can exclude relevant evidence if its risk of causing unfair prejudice greatly overshadows its probative value. The court’s discretion to preclude evidence under the Federal Rules of Evidence is narrowly drawn, and preclusion is an extreme remedy that should be used sparingly. Continue reading →