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Pumphrey Law Blog

Category: Sex Crimes

Can Prior Inconsistent Child Hearsay Alone Convict in FL?

June 18, 2025 Criminal Defense, Sex Crimes

In some cases, a child may testify at a criminal trial regarding an abuse allegation. However, the child may change the content of – or entirely repudiate – their hearsay (out of court) statements alleging the physical or sexual child abuse that led to the arrest of a defendant.  If child hearsay statements alleging the charged crimes are introduced in …

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Does Charging 2-Way Device & Traveling to Meet Minor Violate Double Jeopardy in FL?

June 18, 2025 Criminal Defense, Sex Crimes, Social Media

In Florida and all 50 U.S. states, someone arrested and charged with a crime has a constitutional protection against double jeopardy. Double jeopardy occurs when someone is either put on trial again despite being acquitted, or is charged with multiple crimes stemming from the same course of conduct, the elements of which entirely overlap. Blockburger v. United States, 284 U.S. …

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What is Attempted Sexual Battery in Florida?

June 9, 2025 Criminal Defense, Sex Crimes

In Florida, sexual battery is a very serious felony offense. Under Fla. Stat. Section 794.011, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for acts done for bona fide medical purposes,” without consent. However, attempting the …

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Does Lewd and Lascivious Molestation Require Physical Touching? A Major Florida Court Says Yes

June 9, 2025 Criminal Defense, Sex Crimes

If someone is charged with lewd or lascivious molestation via “enticing” a victim to touch them in an unlawful manner, does this require the victim to have actually touched that person, or does it simply require “enticing” them to do so? This article will explore a recent Florida court ruling that lewd or lascivious molestation requires actual physical touching of …

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Different Number of Jurors, Same Potential Punishment: Sexual Battery in Florida

June 6, 2025 Criminal Defense, Sex Crimes

In Florida, sexual battery is a very serious felony. Depending on the offense, sexual battery is punishable by the death penalty (under Florida law). An adult who commits a sexual battery upon a child under the age of 12 is eligible for the death penalty if: Within 45 days of a defendant’s arraignment, the State announces intent to seek the …

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Is Solicitation of a Minor That Was Actually An Undercover Officer a Crime in Florida?

May 30, 2025 Criminal Defense, Sex Crimes

If someone is arrested and charged with online solicitation of a minor in Florida under Fla. Stat. Section 847.0135(3), this is considered a very serious felony. It is punishable by up to 5 years in prison and a $5,000 fine.  But what if the alleged child victim is not a child at all – and the person solicited for sex …

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What is a Family Member or Custodian for Enhancement Purposes in Florida?

May 23, 2025 Criminal Defense, Sex Crimes

In Florida, some crimes are “enhanceable” offenses. Certain facts may allow the State to charge what would otherwise be a misdemeanor as a felony, or a felony as an even more serious felony.  One such fact that can lead to an enhanced charge, and an enhanced sentence, is the fact that an offender was a family member or custodian of …

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Traveling to Meet a Minor That Was An Undercover Officer: Is It Entrapment?

May 23, 2025 Criminal Defense, Sex Crimes

In Florida, individuals may be charged with soliciting a minor online for sex, and then traveling to meet that minor for a sexual purpose. Often, felony charges of traveling to meet a minor are brought after someone arrives at an agreed-upon location, only to find that the ostensible minor was actually a law enforcement officer coordinating a sting operation. A …

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Does Charging Online Solicitation and Traveling to Meet a Minor Violate Double Jeopardy in Florida?

May 19, 2025 Criminal Defense, Sex Crimes

If someone is charged with both online solicitation of a minor and traveling to meet a minor for sexual activity under Fla. Stat. Section 847.0135, a common observation is that the elements of the solicitation charge are entirely subsumed by the elements of the traveling charge. This raises the question – does charging someone with both offenses violate their protection …

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