Florida Has Harsh Penalties for Sex Crime Convictions
Sex crime sentencing laws in Jacksonville, FL are some of the strictest in the country. The repercussions for sexual battery, or rape, vary depending on the ages of both the perpetrator and the victim. A capital felony charge may result if the perpetrator is over 18 and the victim is under 12 years of age. A life felony charge with a potential life sentence could be imposed if the defendant is under 18 and plaintiff was under 12 years of age at the time of the attack or if the victim was over 12 but did not give consent because they were threatened with a deadly weapon or there was physical force which was likely to cause serious injury.
A person can be charged with the first-degree felony which is punishable by 30 years in prison if the sex crime involved any of the following:
- The victim was physically helpless to resist
- Coercion was used to make the victim submit by threatening to use force or violence
- Coercion was used to threaten the victim with retaliation against them or another person
- Administration of a narcotic or intoxicating substance which mentally or physically incapacitated the victim
- The victim was physically incapacitated
- The victim is mentally disabled
An unnatural and lascivious act can be a number of things that includes a sexually offensive act in front of another; this act is not explicitly defined by the statute. The charge is a 2nd-degree misdemeanor and may be punishable by up to 60 days in jail. It is a 1st-degree misdemeanor to expose one’s sexual organs and can carry a penalty of up to 1 year in jail. This charge includes exposing oneself in public, on someone else’s private property or on the person’s own property if it can be seen from the outside.
Finnell, McGuinness, Nezami & Andux PA serves clients in Jacksonville, St. Augustine, Green Cove Springs, Ponte Vedra, Duval County, St. Johns County, Clay County, Nassau County, Flagler County and the entire Northeast Florida area.