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Pumphrey Law Blog

Category: Sex Crimes

Major Florida Court Reverses Child Sex Crime Conviction Over Biased Juror

October 30, 2025 Criminal Defense, Sex Crimes

In Florida, jury selection is a crucial part of criminal trials. This process, known as voir dire, can have a significant influence on the outcome of a case. That’s because during voir dire, attorneys can draw out answers from potential jurors identifying the biases they hold – which may impact their ability to render a fair (impartial) verdict based on …

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Major Florida Court Reverses Sexual Battery Conviction Over Biased Juror

October 23, 2025 Criminal Defense, Sex Crimes

In Florida, jury selection is a critical part of any criminal case. This occurs during a process called voir dire, in which attorneys for both sides (prosecution and defense) participate. During voir dire (French for “to speak truth”), jurors are asked questions that may be relevant to their ability to be an impartial (fair) fact-finder in the case. This is …

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12-Person Juries in Capital Murder vs. Capital Sexual Battery Cases: Inconsistency in Florida Law?

October 23, 2025 Criminal Defense, Sex Crimes, Violent Crimes

In Florida, only six people (not twelve) are required for the impanelment of a jury in most criminal cases. This has been state law for decades, and it was upheld in the U.S. Supreme Court’s 1970 decision, Williams v. Florida, 399 U.S. 78 (1970). The exception to this is in capital cases. If someone is charged with a capital felony …

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Major Florida Court Says Jury Must Decide Entrapment in Traveling to Meet a Minor Case

October 23, 2025 Criminal Defense, Sex Crimes

A decision from a major Florida court reverses a trial judge’s finding of entrapment in a traveling to meet a minor case. The court ruled it was an issue for the jury to decide. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious offense. It is a second-degree felony, punishable by up to 15 years …

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Major Florida Court Discusses Entrapment in Traveling to Meet a Minor Case

October 23, 2025 Criminal Defense, Sex Crimes

In DeMare v. State, Florida’s 2nd District Court of Appeal discussed the defense of entrapment in traveling to meet a minor cases stemming from police sting operations. If someone is charged with traveling to meet a minor and online solicitation of a minor in Florida (Fla. Stat. 847.0135), there are various defenses that may be pursued. One of these is …

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Major Florida Court Reverses Solicitation of a Minor Conviction on Double Jeopardy Grounds

October 23, 2025 Criminal Defense, Sex Crimes

A major Florida court has reversed a defendant’s conviction for solicitation of a minor on the grounds that it violated his Fifth Amendment protection against double jeopardy. In Florida, someone may be charged with online solicitation of a minor (Fla. Stat. 847.0135(3)) and traveling to meet a minor for sexual activity (Fla. Stat. 847.0135(4)). Both of these offenses are part …

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Major Florida Court Issues New Ruling on 12-Person Juries in Capital Sexual Battery Cases

October 9, 2025 Criminal Defense, Sex Crimes

Florida’s 4th District Court of Appeal shows friendliness to the idea of a twelve-person jury even in cases where death is not a possible penalty. If you’re facing criminal charges in Florida, you may assume a jury of twelve will decide your fate. But in most cases, that’s not true, and a recent major court ruling highlights why this issue …

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New Florida Law Creates Harsh Minimum Sentences for Repeat Sex Offenders

October 9, 2025 Criminal Defense, Sex Crimes

A new Florida law, HB 1455, creates harsh new mandatory minimum sentences for sex offenders who commit certain additional sex offenses after they are released from custody. In Florida, the criminal penalties for sex offenses are very serious. But for those convicted of re-offending, the potential prison time they face is now significantly increased. This is due to a new …

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FAQs About Lewd or Lascivious Conduct in Florida

October 9, 2025 Criminal Defense, Sex Crimes

Lewd or lascivious conduct is a serious felony in Florida that involves unlawful sexual touching or sexual solicitation of a minor under the age of 16. In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) is a very serious offense. However, it is often confused with other lewd or lascivious crimes, and many do not know about it all. This …

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