Pumphrey Law Blog

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In 1993, Florida’s 1st District Court of Appeal allowed admission of collateral crime evidence in a sexual battery by a person in familial or custodial authority prosecution – but was reversed by the Florida Supreme Court. A decade later, however, the Florida Supreme Court indicated that a new statute made the 1st DCA opinion applicable (again). Sexual Battery by a …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled a defendant who “cultivated a close relationship” with the victim was in a position of familial or custodial authority, despite the fact that he was not related to her by blood and did not live with her. CASE: Stricklen v. State, 504 So.2d 1248 (Fla. 1st DCA 1986) Charge(s): Sexual battery by a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 5th District Court of Appeal ruled that the older cousin of the victim was not in a position of familial or custodial authority as a matter of law, requiring reversal of his conviction. CASE: Johnson v. State, 682 So.2d 215 (Fla. 5th DCA 1996) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary A divided 5th District Court of Appeal found that the defendant was in a position of custodial authority to the child victim when he sexually battered her – but one judge did not agree. CASE: Collins v. State, 496 So.2d 997 (Fla. 5th DCA 1986) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal applied a four-step test and concluded that the juvenile defendant was subject to custodial interrogation – making law enforcement’s failure to read his Miranda rights reversible error. CASE: Lee v. State, 988 So.2d 52 (Fla. 1st DCA 2008) Charge(s): Lewd or Lascivious Battery Outcome: Defendant’s conviction REVERSED, as law enforcement failed to …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant’s Miranda rights were not violated in a possession of child pornography case when officers conducted a “knock and talk” at his home. However, one judge disagreed. CASE: Evans v. State, 911 So.2d 796 (Fla. 1st DCA 2005) Charge(s): Child Pornography Possession Outcome: Guilty plea AFFIRMED, as law enforcement did …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled that as a matter of law, a trial judge could not grant a “downward departure” sentence based on a fourteen-year-old victim “willingly participating” in alleged lewd or lascivious conduct. However, the Florida Supreme Court disagreed. Sexual Battery/Rape Charges in Florida Sexual battery by a person in a position of familial or custodial authority …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 5th District Court of Appeal ruled that the defendant was not objectively entrapped – and was not subjectively entrapped because despite an apparent lack of predisposition to commit the offenses, he was not induced to act unlawfully. CASE: Senger v. State, 200 So.3d 137 (Fla. 5th DCA 2016) Charge(s): Solicitation of a Minor, Traveling to Meet a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 2nd District Court of Appeal affirmed a downward departure sentence for a defendant convicted of having sex with a 16-year-old while in a position of familial or custodial authority – finding the minor was a “willing participant” (despite being unable to legally consent). In Florida, sexual battery by a person in a position of familial or custodial authority (Fla. …