St. Petersburg Criminal Lawyer Blog
A conviction for a sex crime in Florida can change the course of a defendant’s life forever, bringing prison time, probation, and mandatory sex offender registration. When these cases reach the appellate level, the focus shifts to whether the trial was conducted fairly and whether the evidence truly supports the conviction. A recent decision issued in a Florida sex crime case demonstrates how Florida courts evaluate sufficiency-of-evidence challenges and underscores the high stakes in cases involving allegations of child exploitation. If you are accused of a sex offense, a St. Petersburg criminal defense attorney can help you challenge the State’s case and protect your future.
History of the Case
It is reported that the defendant lived with a domestic partner and their two minor children in the same household. Allegedly, the defendant surreptitiously recorded his fourteen-year-old daughter while she lay in bed, partially unclothed and engaged in sexual conduct. The recording, which lasted approximately seven minutes, contained zoomed-in images of the minor’s breasts.
It is alleged that the defendant showed the video to his partner, who urged him to delete it. Reportedly, the defendant did not delete the recording. Instead, his partner later brought the minor to the police station to file a report. The defendant was arrested and voluntarily turned over the recording to law enforcement authorities.
It is reported that the State charged the defendant with multiple offenses, including three counts of sexual activity with a child by a person in familial authority, one count of video voyeurism involving a child, and one count of possession of a sexual performance by a child. At trial, the defendant admitted to making the recording but argued that his intent was parental concern, claiming he suspected the child of inappropriate online sexual communications, and not sexual gratification. The trial court denied his motion for judgment of acquittal. The jury ultimately acquitted him of the other counts but found him guilty of possession of a sexual performance by a child. He was sentenced to 366 days in prison, followed by four years of sex offender probation.
Evidence in Sex Crime Cases
On appeal, the defendant contended that the State presented insufficient evidence to support his conviction. Specifically, he argued that section 827.071(5), Florida Statutes, required proof that he intended to arouse or gratify sexual desire, which he denied possessing.
The court explained that a trial court’s denial of a motion for judgment of acquittal is reviewed de novo, meaning the court reconsiders the record independently. The standard requires affirmance if, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the crime’s elements proven beyond a reasonable doubt.
The court then examined the statutory framework. Section 827.071(5), Florida Statutes, criminalizes the knowing possession, control, or intentional viewing of material known to include child pornography. “Child pornography” is defined as an image depicting a minor engaged in sexual conduct, and “sexual conduct” includes masturbation or contact with intimate body parts with the intent to arouse or gratify sexual desire.
Applying these provisions, the panel concluded that the video recording met the statutory definition of child pornography and that the jury was entitled to reject the defendant’s explanation of his intent. The court emphasized that whether the recording constituted prohibited sexual performance was properly a jury question. Because competent, substantial evidence supported the jury’s verdict, the conviction was affirmed. The panel cited prior Florida cases recognizing the legislature’s strong interest in preventing the exploitation of children, even in circumstances where a defendant claims nonsexual motives.
Speak to a St. Petersburg Criminal Defense Attorney About Your Case
Sexual offense cases involving minors are among the most serious charges prosecuted in Florida, and the consequences of conviction can include lengthy prison sentences and mandatory sex offender registration. These cases often hinge on the interpretation of statutory elements and the credibility of competing explanations for a defendant’s conduct. If you are facing charges of this nature, the experienced St. Petersburg sex crime defense attorneys at Hanlon Law can help you build a strong defense and ensure your constitutional rights are protected. Contact our Miami office today at 727-289-0222 or complete our online form to schedule a confidential consultation.