Miami Sex Crimes Lawyer

Few convictions carry the stigma or continuing embarrassment that come with a sex crime conviction. Not only are nearly all such cases felonies, which carry significant jail time, but they also require the convicted party to register as a sex offender – a designation which then follows him or her for life. With that designation come a number of obstacles, including countless restrictions on where the offender may live and where he or she may go. Even the charge itself can be terribly destructive whether it sticks or not – people hear the term “sex crime” and reflexively assume the accused must be a predator of some sort. For these reasons, it is essential to contact an experienced Miami sex crimes lawyer early on if you are charged with a sex crime of any kind.

The following is a brief overview of the various sex crime charges and their associated penalties:

Sexual Assault - Sexual Battery

Sexual Assault or Sexual Battery, commonly known as rape, means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. Capital Sexual Assault (where the victim is under the age of 12) is punishable by life in prison. Most other types of sexual assault are punishable by anywhere from 15 years to life in prison depending on the age of the defendant and victim. 

Lewd and Lascivious Crimes

There is a second level to sex crimes that do not carry the same fines and penalties that sexual battery does. These are known as lewd and lascivious crimes, and they include:

  • Lewd and Lascivious Battery: This occurs when a person engages in sexual activity with a person 12 years of age or older but less than 16 years of age; OR encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.  This is a felony of the second degree, punishable by up to 15 years in prison.
  • Lewd & Lascivious Molestation: This occurs when a person intentionally touches in a lewd or lascivious manner the genitals, breasts, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to touch the perpetrator. These crimes can be punishable by life in prison if the offender is over 18 years of age and victim is under 12.
  • Lewd & Lascivious Conduct:  This occurs where a person intentionally touches a person under the age of 16 in a lewd or lascivious manner; OR solicits a person under 16 years of age to commit such an act. These are 2nd degree felonies when the offender is 18 years of age or older and 3rd degree felonies when the offender is under 18.
  • Lewd & Lascivious Exhibition:  This occurs where a person intentionally masturbates, intentionally exposes the genitals in a lewd of lascivious manner; or intentionally commits any other sexual act that does not involve actual physical or sexual conduct with the victim AND is committed in the presence of a victim who is less than 16 years of age. If the offender is over 18 years of age, it is a 2nd degree felony and a 3rd degree felony if the offender is under 18.

Protect Yourself

All it takes to charge someone with a sex crime is an accusation, and that accusation may or may not be truthful. If you believe you are the target of such an investigation or if you have been charged with any sex-related crime, it is in your best interest to call an effective lawyer to discuss your case. Miami sex crimes attorney Antonio G. Jimenez has been waging and winning battles on behalf of clients for many years in this area of the law, and his experience as a prosecutor means he is singly prepared to aggressively defend your good name. He offers a unique and authoritative perspective on the dire consequences of these crimes. Contact Attorney Antonio G. Jimenez today for a personal consultation of your case.