Sex Offender vs Sexual Predator – Definitions and Differences

October 3, 2023 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

When a defendant is convicted of a sex crime, they may be required to register with the Florida Sexual Offender Registry. The Registry provides identifying information about the convicted person to the public. For example, it includes the individual’s name, address, place of employment, and any other imperative information. While on the registry, there are specific requirements that must be followed.

An important aspect of the Registry is determining whether the convicted person is classified as a sexual offender or sexual predator. Despite common misconception, the two terms are not interchangeable. There are important distinctions between each classification, which is important to understand for any person facing criminal prosecution for a sex crime in Florida.

What is a Sexual Offender?

A sex offender is an individual who either:

1. Has been convicted of a qualifying sexual offense in Florida or another jurisdiction. Qualifying convictions include, but are not limited to:
   1. Sexual misconduct;
   2. Kidnapping of a minor victim;
   3. False imprisonment of a minor victim;
   4. Luring or enticing a child;
   5. Human trafficking;
   6. Sexual battery;
   7. Possession of Child Pornography;
   8. Transmission of child pornography;
2. Has been released from or is currently serving parole, probation, or incarceration for a qualifying sex offense on or after October 1, 1997;
3. Has established or maintained a residence in Florida and has a requirement to register or would have to register as a sexual offender in another jurisdiction; or
4. Was adjudicated delinquent on or after July 1, 2007, for one of the following offenses (if they were 14 or older at the time of the offense):
   1. Sexual battery;
   2. Lewd and lascivious battery with a victim under 12 or sexual activity by force or coercion;
   3. Lewd and lascivious molestation with a victim under 12, where the court finds molestation involving unclothed genitals;
   4. Lewd and lascivious molestation with a victim between 12 and 16, where the court finds the use of force or coercion and unclothed genitals; or
   5. A violation of a similar law of another jurisdiction.

What is a Sexual Predator?

A sexual predator is defined under Florida Statute Section 775.21(3)(a) as repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children.

To be classified as a sexual predator, it implies that the individual has been convicted of a sexually violent offense, has a written court order designating the individual as a sexual predator, or an individual who was civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act. A sexual predator is considered a substantial risk to the community.

Examples of sex crimes that can lead to a sexual predator designation include, but are not limited to:

• Sexual battery against a minor;
• Kidnapping a minor to commit a sexual offense; or
• Trafficking minors for sexual purposes.

Requirements for Sex Offenders & Predators in Florida

In addition to the convicted individual’s personal information, they must also provide FDLE with the following to be published as public information:

• Height and weight;
• Hair and eye color;
• Tattoos or identifying marks;
• Fingerprints;
• Palm prints;
• Personal photograph;
• Occupation and place of employment;
• Vehicle information;
• All home and cell phone telephone numbers;
• All electronic mail addresses, internet identifiers, and each corresponding homepage or software name;
• Conviction information;
• Passport information;
• Immigration status/documentation; and
• Professional license information.

All sexual offenders are required to complete a registration form at their county sheriff’s office twice a year. Sexual predators, or certain qualifying sexual offenders, must report four times a year. All sexual offenders and sexual predators must maintain their registration for life. The only exceptions provided are if the registered sex offender has received a full pardon or post-conviction relief for their qualifying offense, or if the convicted person was lawfully released from sanctions, confinement, or supervision for at least 25 years and have not been arrested for any offense since. In the second instance, the convicted person must petition the court for the purpose of removing their registration requirement, which they may either grant or deny.

Designations as a sexual offender or sexual predator can carry other restrictions and obligations, such as paying out of pocket for supervision or the inability to live in proximity to or work at a place where children frequent (schools, parks, daycares, etc.).

If you have any questions regarding the registration requirements or restriction as a sexual offender or sexual predator in Florida, contact a Tallahassee criminal defense attorney. 

Recent Example Cases

The following provides two recent Florida cases, with one defendant registered as a sexual predator and one who is not:

• August 25, 2023 – The Pasco Sheriff’s Office (PSO) published a Community Alert regarding the arrest of a man for sexual battery involving a minor. According to the report, Matthew Galhouse, 40, was arrested after a victim reported illegal activity to PSO on August 17. The victim claimed that Galhouse began sending messages and spending more time with them around the end of May 2023. He began to provide the victim with private softball lessons. Galhouse was never employed with a Pasco County school but worked as an assistant coach for the Lady Hawks softball team since 2018. Galhouse has been charged with the following offenses:
  • Sexual battery with a victim between 12 and 18;
  • Sexual activity with a minor (Defendant over 24 and Victim between 16 and 17);
  • Promoting sexual activity with a victim 16 or younger;
  • Traveling to meet a minor; and
  •  
• August 17, 2023 – Detectives with Hillsborough County Sheriff’s Office and the U.S. Marshal’s Task Force arrested a man classified as a sexual predator. During their in-depth investigation, police found that Randy Akers, 60, sexually battered two children dating back as far as 2002. The ages of the child victims were between 4 and 5, and 8-years old. Akers was also involved in a motorcycle club called Baggerz & Tailz, which police believe could be responsible for the victimization of more children. Akers has been charged with the following offenses:
  • Sexual battery with a victim under 12 (x7);
  • Sexual battery with Familial or Custodial Authority (x5); and
  • Lewd and lascivious molestation with victim under 12 (x5).

Important: In May 2023, Gov. Ron DeSantis signed HB 1297 into law, which would impose the death penalty to defendants accused of sexual battery against a minor under the age of 12. Florida Statute Section 794.011 will be amended to read the following:

“A person 18 years of age or older who commits sexual battery, or in an attempt to commit sexual battery, injures the sexual organs of, a person less than 12 years of age commits a capital felony…In all capital cases under this section, the procedure set forth in s. 921.1425 shall be followed in order to determine a sentence of death or life imprisonment.”

With the bill going into effect October 1, 2023, it creates a much more dire need for a criminal defense in alleged sex crimes. Contact Pumphrey Law Firm if you or someone you know is being prosecuted in Florida.

Protect Your Future by Contacting a Sex Crimes Defense Attorney

While the classification of a sexual offender versus a sexual predator may be distinct, they both imply that the individual was convicted of a sex crime. Sex crime convictions have some of the harshest consequences, mainly due to the required registration under the Florida Sex Offender Registry. There may be certain restrictions in place that prevent you from living a normal life. To avoid the harsh penalties and a sex crimes conviction, consider hiring an experienced sex crimes defense attorney.

The attorneys at Pumphrey Law Firm understand Florida’s nuanced laws and can help you strategize a strong defense plan to fight the charges against you. Contact our office today and receive a free consultation when you call (850) 681-7777 or leave us a message online.

Written by Karissa Key

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