Pumphrey Law Blog

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious exhibition is a very serious criminal offense. Under Fla. Stat. Section 800.04(7), lewd or lascivious exhibition is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine) if the defendant is an adult, and a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious battery (Fla. Stat. Section 800.04(4)) is a very serious felony that is distinct from sexual battery. Lewd and lascivious battery is “statutory rape,” criminalizing sexual activity between an adult defendant and a 12 to 15 year old minor that does not involve the sort of force or coercion associated with sexual battery charges (Fla. Stat. …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. Section 800.04(6)) is a very serious felony offense. Lewd or lascivious conduct occurs when someone engages in deliberate, nonpenetrative touching of a victim under the age of 16 with a sexual intent or solicits a child under 16 to engage in lewd or lascivious conduct.  If someone is charged with lewd or …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, improper exhibition of a firearm (Fla. Stat. Section 790.10) is a serious offense. As a first-degree misdemeanor, it is punishable by up to 1 year in jail and a $1,000 fine. Misdemeanor improper exhibition applies to any dangerous weapon including a sword, knife, dirk, or electric device such as a taser. This blog will explore defenses to improper …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, unlawful use of a two-way communications device is a serious felony offense (Fla. Stat. 934.215). As a “derivative offense,” unlawful use is charged alongside one or more felonies that the two-way communications device was allegedly used to facilitate.  Even if the underlying felony is not completed, someone may nevertheless be charged with unlawful use of a two-way communications …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery by someone in familial or custodial authority on a minor is an extremely serious felony offense (Florida Statutes Section 794.011(8)(b)). If a family member or someone in custodial authority commits sexual battery on a minor under the age of 12, this is a capital felony punishable by the death penalty under Florida law. If the minor …

July 11, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) is a very serious felony offense that is charged when a victim is less than 16 years of age. Though lewd or lascivious molestation is always a felony in Florida, the severity of the criminal penalties depends on the age of the victim and the defendant: If the victim is …

July 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, criminal mischief is a serious offense. Under Fla. Stat. Section 806.13, criminal mischief occurs when a person willfully or maliciously injures or damages any real or personal property by any means. Examples of criminal mischief may include: Painting graffiti onto a public building Throwing a brick through someone’s window Damaging a historical monument Criminal mischief is punishable as …

July 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida, online solicitation of a minor (someone under the age of 18) is a very serious offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. However, if someone misrepresents their age in the process of soliciting a minor online, this is considered a second-degree felony – punishable …