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Pumphrey Law Blog

Category: Sex Crimes

Defenses to Lewd or Lascivious Conduct in Florida

July 18, 2025 Criminal Defense, Sex Crimes

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 …

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Defenses to Sexual Battery By a Person in Familial or Custodial Authority in Florida

July 11, 2025 Criminal Defense, Sex Crimes

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 …

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Defenses to Lewd or Lascivious Molestation in Florida

July 11, 2025 Criminal Defense, Sex Crimes

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 …

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Defenses to Online Solicitation of a Minor in Florida

July 9, 2025 Criminal Defense, Sex Crimes, Social Media

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 …

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Defenses to Traveling to Meet a Minor in Florida

July 8, 2025 Criminal Defense, Sex Crimes

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 …

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Florida Child Pornography Charges and Remote Access Trojans: Wrongful Conviction?

July 8, 2025 Criminal Defense, Sex Crimes

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 …

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What Does It Mean to Solicit a Minor Online in Florida?

June 30, 2025 Criminal Defense, Sex Crimes

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 …

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Child Pornography Charges in Florida: Can Malware Set Someone Up?

June 25, 2025 Criminal Defense, Sex Crimes

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. …

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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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