Pumphrey Law Blog

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, 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 …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, traveling to meet a minor for the purpose of sexual activity is a very serious criminal offense. Under Fla. Stat. Section 847.0135(4), traveling to meet a minor is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Though some cases involve an allegation that someone traveled to meet an actual minor for …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession and distribution of child pornography is an extremely serious felony. Possession of child pornography is classified as a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. If someone is charged with aggravated possession (depending on the material recovered), this is a second-degree felony, punishable by up to 15 years …

June 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, online solicitation of a minor or someone believed to be a minor (such as an undercover officer) for sexual activity is a very serious felony offense. Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. When someone is charged with online solicitation of …

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession of child pornography is a very serious felony offense. It is generally considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine per image or exhibit. However, some cases may involve charges of aggravated possession – a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. …

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

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 …

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

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. …