Florida Criminal Attorney Blog

The Polk County Sheriff’s Office arrested a Lake Wales couple after a three month investigation was concluded Friday that allegedly confirmed the pair was filming and distributing porn from their home. A Polk County judge deemed the pornographic videos as obscene material under Florida law.

The couple was charged with a slew of misdemeanors including, six counts each of wholesale promotion of obscene material, distribution of obscene material ad selling obscene material. The woman was charged with felony wholesale promotion of obscene material.

The investigation began after investigators allegedly received tips the 55-year-old woman was making and distributing porn from her home. The investigator supposedly paid the membership fee of $19.95 to gain access to the woman’s web site where videos of her having sex with women and men were available to view. Some of the woman’s clothing worn in the films was available to purchase on the site as well.

A police report indicates that the woman posted on Twitter about some of her sexual escapades.
The woman’s 58-year-old husband allegedly told police he filmed the videos and over the past four months had made around $2,800.

The woman was set to be released from the Polk County Jail Saturday night after posting $7,500 bond. Her husband remained in jail.

Obscenity, under Florida law, refers to uninhibited sexual activity that is visible to the public, accessible and offensive in nature. Art generally does not fall under the obscene category unless it can be classified as pornography. To prove obscenity, three areas must be proved; the work in question is explicitly sexual, the average person would find the material in question offensive using community standards and the material contains no scientific, literary or artistic value other than explicit sexual content.

Obscenity charges are usually misdemeanors, but can be charged as a felony in some cases especially when the material displays a minor or is provided to a child. Judges will typically impose hefty fines or order the individual charged with counseling, but jail time, community service and property forfeiture can also be consequences of an obscenity charge.

Continue reading "Lakeland, Florida Pornography Defense Attorney :: Lake Wales Couple Arrested for Promoting and Distributing Porn from Their Home" »

A 17-year-old male was arrested Wednesday by Pasco County police for involuntary sexual battery on a teenage girl. The alleged rape occurred at Fivay High School in Hudson, Florida.

The girl told police that the teenage male sent her a text in November to meet him near a boy’s restroom in the high school. The girl said the male pulled her into a boy’s bathroom stall and raped her.

According to BayNews9, the teenager denied any sexual contact with the girl and provided saliva samples for DNA testing to investigators. Testing revealed that his DNA was on the pants the girl was wearing the day of the alleged rape.

The teenager later told police that he lied about not having sexual relations with the girl, but said he did not have sex with her in the alleged time or place of the reported incident.

The teen’s name has not been released as he is not being tried as an adult.

Florida has very strict penalties for teens convicted of sex offenses. Many times sexual offenses allegedly committed by a juvenile are denied bond because of the serious nature the juvenile court system upholds. Juvenile cases are handled quite differently than adult criminal cases; the biggest difference being that juveniles are not given due process. Juvenile cases are heard by a judge who determines the punishments without a jury.

The laws in Florida regarding sex crimes vary by the degree of the crime committed. Penalties for a misdemeanor sex crime could entail jail time of less than a year or probation, a fine, and community service. Penalties for a felony offense, such as sexual battery, can include a lengthy prison term and lifetime registration as a sex offender. The most serious penalty for committing a sex crime as a juvenile is the possibility of registering as a sex offender for life. Any Juvenile 14 years of age or older found guilty of committing, attempting, soliciting or conspiring to commit sexual battery, lewd and lascivious battery and lewd and lascivious molestation are required to register within the Florida database.

Continue reading "Hudson, Florida Juvenile Criminal Defense Lawyer :: Pasco County Teenager Charged with Rape at Fivay High School" »

The Sumter County Sherriff’s Office has arrested 22 men and women across the state of Florida during an undercover internet sex sting where detectives posed as children online.

A Sherriff’s Office spokesman said the undercover operation was similar to the popular series “To Catch A Predator” on Dateline NBC.

Investigators said suspects showed up at meeting locations they thought were with minors carrying condoms in tow. The condoms and other evidence are on exhibit today at the Sheriff's Office headquarters. Suspects have been identified as residents of Tampa, Kissimmee, Ocala and elsewhere.

More details of the takedowns will be released by the Sumter County Sherriff’s Office later today.

While the details of specific charges are unknown as of yet, many times these undercover sex stings that involve solicitation of a minor, travelling to meet a minor for sexual purposes and the possession and/or distribution of child pornography. Child pornography can play a factor in these stings when local law enforcement use pornographic material featuring a minor as a way to entice individuals to the location of the undercover sting. Law enforcement usually establishes an online presence where communication takes place in a private or public conversation, such as a chatroom, where pictures are often exchanged and agreements for sexual encounters are arranged.

The Florida Attorney General’s Office has increased its efforts to investigate sexual solicitation of minors, making it a top priority to protect children from adult threats via the Internet. Florida ranks fourth in the country for child pornography on the Internet. Due to this high rank, the Attorney General’s Office created the Child Predator Cybercrime Unit to shield minors and explore cases involving child pornography and sexual solicitation and exploitation of minors in Florida. Florida also endorsed the Cybercrimes Against Children Act in 2007 which amplified criminal punishments for behavior such as possession of child pornography and soliciting children over the Internet.

Continue reading "Sumter County, Florida Sex Crimes Defense Lawyers :: 22 Suspects Arrested in Bushnell, FL Undercover Internet Craigslist Sex Sting" »

The Sumter County Sherriff’s Office has arrested 22 men and women across the state of Florida during an undercover internet sex sting where detectives posed as children online.

A Sherriff’s Office spokesman said the undercover operation was similar to the popular series “To Catch A Predator” on Dateline NBC.

Investigators said suspects showed up at meeting locations they thought were with minors carrying condoms in tow. The condoms and other evidence are on exhibit today at the Sheriff's Office headquarters. Suspects have been identified as residents of Tampa, Kissimmee, Ocala and elsewhere.

More details of the takedowns will be released by the Sumter County Sherriff’s Office later today.

While the details of specific charges are unknown as of yet, many times these undercover sex stings that involve solicitation of a minor, travelling to meet a minor for sexual purposes and the possession and/or distribution of child pornography. Child pornography can play a factor in these stings when local law enforcement use pornographic material featuring a minor as a way to entice individuals to the location of the undercover sting. Law enforcement usually establishes an online presence where communication takes place in a private or public conversation, such as a chatroom, where pictures are often exchanged and agreements for sexual encounters are arranged.

The Florida Attorney General’s Office has increased its efforts to investigate sexual solicitation of minors, making it a top priority to protect children from adult threats via the Internet. Florida ranks fourth in the country for child pornography on the Internet. Due to this high rank, the Attorney General’s Office created the Child Predator Cybercrime Unit to shield minors and explore cases involving child pornography and sexual solicitation and exploitation of minors in Florida. Florida also endorsed the Cybercrimes Against Children Act in 2007 which amplified criminal punishments for behavior such as possession of child pornography and soliciting children over the Internet.

Continue reading "Sumter County, Florida Sex Crimes Defense Lawyers :: 22 Suspects Arrested in Bushnell, FL Undercover Internet Craigslist Sex Sting" »

A 45-year-old man was arrested and charged with molesting a 25-year-old mildly retarded girl from Crystal River on Monday by the Citrus County Sherriff’s Office.

According to the arrest report, the Citrus County man is a registered sex offender.

The arrest report shares that the girl’s brother caught the man on top of his sister with his pants down, while she was fully clothed. The girl verified the story when her mother questioned her.

The girl told the Citrus County Sherriff’s Office that this had happened three or four other times over the past few years.

After being read his rights, during questioning the man admitted what happened and that he knew the girl was mildly retarded. He confirmed that the incident had happened three times throughout the past couple years.

The man was arrested and transported to county jail on the charge of lewd and lascivious molestation. No bond was set.

The words lewd and lascivious both have the same meaning which is a lustful, wicked or sensual intent of the person committing a certain act. In this case the girl can be referred to as a “disabled adult,” which describes any person over the age of 18 that suffers from a physical or mental incapacitation due to a developmental disability. The facts that the girl is disabled, a sexual act occurred and that the man knew she was disabled are the three elements the State will have to prove to convict the man of a sex crime.

Continue reading "Inverness, FL Criminal Lawyer :: Registered Sex Offender Charged with Lewd and Lascivious Molestation of Retarded Girl" »

Inverness, Florida – The Citrus County Sheriff’s Office has deemed last week's sex crime sting to be a success, as it resulted the arrest of some 22 individuals for alleged Internet Sex Crimes. The operation, which allegedly started with an online Craigslist advertisement featuring “a young mother who was seeking subjects to teach her teenage daughter how to please a man and share in intimate family fun”.

The Florida Sex Crimes Defense Lawyers at Whittel & Melton have already begun defending several of these men in Circuit Court in Citrus County.

These types of sting operations have become popular with local law enforcement since the inception of the Dateline NBC's “To Catch a Predator” series which shot some of its episodes in Fort Myers, Florida. In that operation, 24 men were arrested in a three day period.

The types of crimes usually charged in these cases involve using the internet to solicit or secure sex with a minor, aka Internet Solicitation, or traveling to meet a minor for sex. Some of the cases may also involve the possession of or distribution of child pornography-- as many times, law enforcement will engage in online conversations, or chat in online chatrooms, posing as a minor. During these chats, law enforcement may exchange pornographic material to lure an individual to the physical location of the sting operation.

In these recent cases, the State will undoubtedly be seeking convictions under Florida’s Computer Pornography and Child Exploitation Prevention Act. As a part of the sting operation, Citrus County authorities also seized one handgun, 26 cell phones, 19 personal computers, four cameras and countless motor vehicles. It is unclear at this point how many of these seizures will stick in court.

Continue reading "Citrus County, Florida Internet Sex Sting Operation Results in 22 Arrests" »

The retiring senior Hernando County Circuit Court Judge sentenced a man this week on 5 counts of possession of Child Pornography to 75 years. He was facing a minimum 40 years according to reports. It is suggested by his criminal trial attorney that he may appeal this sentence.

The 75 years sentence, justified according to the Brooksville judge, was handed down this week after guilty verdicts were rendered back on July 30. It is not uncommon after a serious sex crimes case like this for a judge to handle the several different sentencing issues days or even weeks after trial. The sentence was broken down as 5 fifteen year terms, to be served consecutively.

The Internet pornography was allegedly found on the home computer in their Spring Hill home by the defendant’s girlfriend. Unfortunately, it has been reported that a Hernando County child custody battle ensued and accordingly the pictures found their way into the hands of law enforcement.

This case is certainly yet another example of the seriousness of Florida sex crimes cases, but maybe more important is the lesson is stands for about the collateral consequences a Family law case can create. Often times, when children or a marriage is involved, the parties involved will resort to any and all methods to destroy the other person – well I’d say she accomplished her goal here.

Continue reading "Brooksville, Florida Judge Hand Out 75 years State Prison for 125 Internet Images of Child Pornography" »

According to local news, a Webster, Florida man was charged with ten (10) counts of Possession of Child Pornography. The presiding first appearance judge set his bond at $50,000. He will be prosecuted in Bushnell, Florida.

It is reported that the Sumter County Sheriff’s Office’s Cyber Crimes Unit, along with the Internet Crimes Against Children Task Force, had long suspected the individual of allegedly possessing the content and executed a search warrant assumingly regarding same this week.

It is alleged the material was stored on the Sumter County man’s laptop computer.
As is often the case, the defendant will immediately look to the warrant for his first legal challenge. This is a good place to start because the arrest warrant is what placed the officers at his home for his arrest and ultimately seizure of his computer. As a secondary issue, it will need to be investigated exactly how these images were found to be downloaded onto this man’s computer. Often times, the reasons for the initial arrest and search warrant and reasons for these pictures being downloaded are linked. In contrast, when those items are not linked, a common source of problems for the prosecution is these types of cases is involuntary downloads.

Continue reading "Sumter County, FL Criminal Attorney News :: Sumter Sheriff’s Office Cyber Crimes Unit Charges Man for Child Porn" »

Citrus County Online is reporting that the 20-year-old Floral City man who was set to go to trial next week for sexually battering an eight year old girl accepted a plea deal last week of 25 years in prison and lifetime probation. He was facing life in prison.

The man was charged with sexual battery on a child and false imprisonment of a child relating to the February blindfolding, handcuffing, and sexually battering of a 8-year-old Brooksville girl. According to the State Attorney’s Office, the plea negotiation was approved by the girl’s family because understandably, they did not want the child to have to testify in open court about the horrific experience.

In abuse cases involving children making statements to law enforcement or other adults regarding their abuse, the State has an extra burden if they want these statements to be introduced at trial. Under the Florida Rules of Evidence and Florida Statutes Section 90, the State must show, at a hearing separate from the trial, that the child’s out of court statement about the abuse is reliable. Some of the factors courts can consider in determining whether these child hearsay statements are admissible for a jury to consider include: when the statement was made in relation to the abuse, how the child’s statement was elicited, whether the child was coached prior to questioning and whether forcing the child to testify in open court would cause serious emotional harm. Many times, getting these statements into evidence can make or break the State’s case, as it is quite common for children to recant their statements as time passes.

Continue reading "Floral City man accepts 25 year prison term in Hernando County sexual battery" »

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that "he gets a 'rush' while exposing himself." The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Continue reading "Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense" »

In what will no doubt be the subject of rumor mills in Sumter County, Florida for some time, a Deputy from the Sumter County S.O. has been arrested for the very serious offense of Sexual Battery on a child under the age of 12. This offense is a Capital Felony under Florida Law.

According to two news sources, the investigation, which was mostly done by the Florida Department of Law Enforcement (F.D.L.E.) began in the Sumter County Sheriff’s Office (S.C.S.O.) where it was learned that the target of the allegation was a Sheriff’s Deputy. The information was then turned over to F.D.L.E. according to reports. The timeline of this alleged transfer of the investigation will certainly be a source of discussion during the defense of this case, as both the family of the victim and the defendant may have been unduly prejudiced by the S.C.S.O. being involved at any level.

The Deputy was taken into custody with no bond. The Sheriff’s office has reportedly suspended the officer as well. It is unknown at this time if the local State Attorney’s Office will handle this file or if it will be turned over to an outside SAO. Most cases involving local law enforcement are handled by outside prosecutors.

Continue reading "Florida Sex Crimes Attorney News Update: Sumter County, FL Sheriff’s Office Deputy Arrested for Sexual Battery on Child Under 12" »

Florida Attorney General’s Office announced the arrest of a Pinellas County man for possession of child pornography. This arrest was a result of a cooperative effort of the St. Petersburg’s Police Department, the Florida Attorney General’s Tampa Cyber Crime Task Force and the Central Florida Internet Crimes Against Children Task Force.
According to the news release, the man is currently charged with 10 counts of possession of child pornography (each count is an second degree felony under Florida Law) and one count of promoting the sexual performance of a child (also a second degree felony under Florida Law).

The Tampa Cyber Crime Task Force executed a warrant on the arrested man’s residence seized his computer. The legal battle in the coming months will related to how the State Attorney’s Office plans 1) to show that these images were knowingly downloaded by the defendant and maybe more importantly 2) whether or not the defendant knew that these images were on the computer.

Continue reading "Pinellas County Cyber Crimes Lawyer News Update: St. Petersburg Man Arrested for Internet Child Pornography" »

According to the Citrus County Chronicle, Citrus County Sheriff’s Office has arrested a 23 year-old female detention officer for allegedly performing a sex act on a 17 year-old male inmate.

Citrus County is of course no stranger to newsworthy sex crimes, as this was the location of the brutal Jessica Lunsford rape and murder several years ago. The detention officer was not taken into custody in the facility she previously worked as she was released and not asked to post a bond.

According to reports, the Citrus County Juvenile Detention officer first allegedly denied the act, but after consenting and allegedly failing a voice stress analysis, the former officer confessed to the events. The reports indicate that not only was a sex act performed, but also a personal mobile phone number was also allegedly exchanged.

Sexual Misconduct by a Correctional Employee is a felony and it is undetermined at this time if this case will be prosecuted by the Citrus County State Attorney’s Office.

Continue reading "Citrus County Criminal Defense Attorney News Update: Juvenile Corrections Officer Charged with Sex Crime" »

The Tampa Tribune is reporting that the Port Richey doctor convicted of possessing and receiving child pornography was sentenced this afternoon to 33 years and 9 months in federal prison.

The Doctor’s wife at the time was the person who alerted law enforcement to his criminal activity. She later testified against him at trial. Investigators say they found images of children as young as six on the Doctor’s office and home computers. At sentencing, family members of the Doctor testified to the Judge that they had been molested by the Doctor when they were children and that they have never been able to move on from the trauma that caused in their life.

The doctor’s medical license has been suspended indefinitely by the Florida Department of Health.

Continue reading "Port Richey Doctor sentenced to 33 Years In Prison For Child Porn" »

The Orlando Sun Sentinel is reporting that at least 150 Florida teachers have been disciplined in the past three years for accusations arising from sexual misconduct with students. One concerning trend the report showed is sexual misdeeds is rising in Florida – especially among female educators.

Some of the most severe cases resulted in arrests and criminal convictions for sex offenses but the Sentinel's review of teacher-discipline records from the Florida Department of Education found that many of the alleged misconducts did not rise to a criminal level.

Regardless of whether the teachers were criminally charged, the facts of some of these incidents are alarming. Among the “not charged” cases are allegations that a Port Orange teacher sent text messages to a boy, calling him "cutie" and "sexie"; a ninth-grade teacher in Tampa who asked a student about the color of her nipples; and an Orlando coach who used e-mail and instant messages to tell a 13-year-old girl he loved her and wanted their relationship to grow beyond friendship.

Those 150 disciplinary cases don't include the dozens of educators who have been suspended or lost their teaching certificates since 2006 for molesting nonstudents, downloading porn at school, having sex in public and trying to pick up prostitutes. Many of the cases occurred in the South Florida and Tampa Bay areas. In Central Florida, 34 teachers were disciplined in the three-year period, including 12 from Orange County, 11 from Volusia, four from Polk, three from Seminole, three from Brevard and one in Lake.

Continue reading "Orlando report shows teachers accused of sex crimes in on the rise" »

Despite the Marion County State Attorney’s Office offering forty years Florida State Prison and the defendant’s Florida Felony Score Sheet permitting a lower sentence of eleven years, a Circuit Judge in Ocala sentenced a man to life imprisonment this past week.

Under the advice of the assigned Public Defender to his case, the defendant who was charged with burglary, sexual battery and theft chose to “plea open” to the court with no specific resolution agreed to— apparently hoping for a lenient sentence from the court. Often times the court will look to the Florida Felony Score Sheet for guidance in this type of situation. Prosecutors use the formula in score sheets to determine whether a person’s charge and criminal history requires the court to impose prison time, the amount of prison time or to determine if jail or probation is allowed by law. But as this man and his Public Defender found, the score sheet was merely the start of the process. Although the score sheet in this case permitted a prison sentence of eleven years, it also permitted life. The judge chose to sentence life in prison.

Continue reading "Ocala Man Sentenced to Life in Florida Prison for Rape" »