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Sex Offense Legal Definitions

RAPE MEANS SEXUAL BATTERY :

The actual legal definition is complex, but can generally be described as engaging in non-consensual sexual activity with another. Statutory Rape involves sexual activity with an underage person because a minor cannot legally consent to sexual conduct. Rape may or may not involve a weapon or force. Sexual Battery may involve a victim who is incapable, mentally retarded or drugged or intoxicated. A victim does not have to resist with force nor is serious bodily injury required. A conviction results in often jail, loss of gain time, probation and lifelong Sexual Offender Registration.

SEXUAL EXPLOITATION OF THE ELDERLY OR DISABLED:

Means lewd or lascivious offenses committed on or in the presence of an elderly or disabled person. The prohibited acts include "sexual activity" lewd and lascivious battery or molestation and exhibition. Prosecutions under this law usually involve offenses involving disabled or mentally retarded victims.

LEWD AND LASCIVIOUS BEHAVIOR:

Another obscure and seldom used Florida Statute makes it a crime for an unmarried man and woman to engage in open and gross lewdness and lascivious behavior. Prosecutions under this Statute are almost non-existent. The exposure of the genitals has to be intentional as opposed to accidental and it has to be done in a lewd and lascivious manner.

PROSTITUTION / SOLICITATION:

Means giving or receiving of the body for sexual activity for hire. It is against the law to offer to engage in prostitution, lewdness or assignation. Most crimes prosecuted under this Statute involve "police stings" where undercover officers pose as "hookers" or "johns" and solicit in person or on the Internet for sex. Entrapment often is a viable defense against this charge.

VOYEURISM:

Means secretly observing a person with lewd, lascivious or indecent intent when that person is located in a structure, conveyance and such location provides a reasonable expectation of privacy. Prosecutions usually involve secret cameras in dressing rooms, up-skirt shots with cell phones on escalators or landlords secretly viewing tenants. It is a separate and more serious crime to secretly record a conversation.

LEWD AND LASCIVIOUS MOLESTATION:

Means intentionally touching the breasts, genitals, genital area, or the clothing covering them of a person less than sixteen years of age. The penalties for this crime vary depending on the age of the victim and the age of the offender.

LEWD AND LASCIVIOUS CONDUCT:

Means touching a person under sixteen in a lewd and lascivious manner or soliciting a person under sixteen years of age to commit such an act.

LEWD AND LASCIVIOUS EXHIBITION/INDECENT EXPOSURE:

Means masturbating or intentionally exposing ones genitals in a lewd or lascivious manner or committing other sexual acts in the presence of a person less than sixteen years of age. The penalty depends on the age of the victim and the age of the offender.

CONSENT:

Means intelligent, knowing, and voluntarily consent and does not include coerced submission. Consent does not mean that the victim has to offer physical resistance. An underage minor or a person that is incapacitated person cannot give consent.

MENTALLY INCAPACITATED:

Means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent. This term commonly comes up in the context of a date rape allegation where the woman alleges she was drugged or in other instances where the person consumes too much alcohol or has regrets after engaging in sexual activity.

PHYSICALLY INCAPACITATED:

Means bodily impaired or handicapped and substantially limited in the ability to give valid consent.

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Aiken, O'Halloran Fort Myers Criminal Defense Lawyer Florida

The attorneys at Aiken, O'Halloran & Associates handle criminal defense matters, from serious litigation to simple wildlife violations. Contact the firm in Ft. Myers, Florida at 888-894-4954 and 239-603-6314 or visit http://www.aikenandohalloran.com

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