Sex Offender Registry in Florida

The Florida Sex Offender Registry is a searchable public database that provides information regarding people who have been convicted of certain crimes. Specifically, it lists their names, date of birth, race, sex, hair and eye color, height, and weight. The registry also includes people’s occupations, including whether they have any professional licenses, notes, tattoos, or other identifying marks, and has a photograph of the person.

Pursuant to statutory law, people are required to register as sex offenders if they have been convicted for numerous crimes that are sexual in nature, including rape, sexual battery, child molestation and prostitution, lewd and lascivious offenses, like public exposure, and possession or distribution of child pornography. Even crimes that do not seem inherently sexual, like kidnapping and false imprisonment, may require a person to register as a sex offender. In many instances, people are not aware of the requirement to register as a sex offender if they are convicted of certain crimes and will unwittingly plead guilty and subsequently have to place their name on the list.

Removal from the Sex Offender Registry

There are numerous avenues for seeking removal from the sex offender registry. For example, a person that obtains a pardon or other post-conviction relief can seek removal. Additionally, a person who has been on the registry for twenty-five years without any intervening arrests for a misdemeanor or felony crime can petition the court for removal.

Certain laws exempt people from having to register as sex offenders as well. Specifically, Florida Statutes section 943.04354, also referred to as the Romeo & Juliet law, allows people convicted of crimes to seek relief from sex offender registration requirements if the victim of the alleged crime was over thirteen but under eighteen, the offender was not more than four years older than the victim, and the sexual behavior between the victim and the offender was consensual. To be eligible for an exemption, the offender’s record must be clear of other qualifying sex crimes.

Speak to a Capable Criminal Defense Attorney in St. Petersburg

Being placed on a sex offender registry can greatly impact a person’s life, and people on the registry should speak to an attorney to discuss whether they could be removed. William Hanlon of Hanlon Law is a capable St. Petersburg criminal defense attorney, and if you are a registered sex offender, he can help you to pursue your desired outcome. You can contact Mr. Hanlon via the form online or at 727-897-5413 to set up a meeting.

The post Can a Person in Florida Get Off of the Sex Offender Registry? appeared first on St. Petersburg Criminal Lawyer Blog.

Factual and Procedural Background of the Case

It is alleged that the defendant was charged with false imprisonment, aggravated battery, and lewd or lascivious battery, in 2002. The charging information alleged that the defendant engaged in sexual activity with a person between the ages of twelve and sixteen. He pleaded guilty to the aggravated battery and false imprisonment charges, and the State agreed not to prosecute him on the lewd and lascivious battery charge. After the defendant completed his sentence, he was released on probation.

Reportedly, six years later, the defendant was charged with the failure to register as a sexual offender. In response, he filed a motion to dismiss, arguing that he had never been designated as a sexual offender, and an automatic designation without a hearing violated his rights. The court denied the defendant’s motion to dismiss, finding there was a sexual component to the underlying claims. The defendant pleaded guilty and reserved his right to appeal the denial of his motion.

Sexual Offender Registration Requirement

Under Florida’s sexual offender registration statute, if a person is convicted of an enumerated crime, he or she is both designated as a sexual offender and required to register as a sexual offender. The list of enumerated offenses includes both false imprisonment and kidnapping, even though neither crime requires the State to prove a sexual component.

On appeal, however, the defendant argued that the State was required to prove a sexual component to his false imprisonment conviction prior to deeming him a sexual offender and imposing upon him the registration requirement. The court disagreed, finding that Florida case law did not support any such requirement. Rather, the court stated that the statute did not require the trial court to set forth written findings that a person is a sexual offender in cases in which the defendant is convicted of an enumerated crime. Thus, the court affirmed the trial court’s ruling.

Meet with an Experienced Criminal Defense Attorney

If you are charged with a crime of a sexual nature, it is in your best interest to meet with an experienced St. Petersburg sex crime defense attorney to discuss what penalties you may face if you are convicted. William Hanlon of Hanlon Law is a criminal defense attorney who is proficient at defending people charged with sex crimes, and he will zealously pursue the most favorable outcome possible under the circumstances. You can contact Mr. Hanlon via the form online or at 727-897-5413 to schedule a meeting.

The post Florida Court Discusses When a Person Must Register as a Sexual Offender appeared first on St. Petersburg Criminal Lawyer Blog.

Facts of the Case

It is alleged that during an undercover investigation, agents who worked for the Department of Homeland Security (DHS) placed an ad on a classified site that said a mother was trying to find men to engage in sexual activity with her thirteen-year-old daughter, and provided the mother’s purported email address and the mother and daughter’s names. The defendant sent an email to the address listed in the ad, and over the next two days engaged in sexually explicit emails with a DHS agent posing as the mother. The emails specifically stated that the defendant was responding to the ad that offered sex with a minor.

Reportedly, the defendant made plans to meet the agent and her “daughter” at the parking lot of a fast food restaurant. When the defendant arrived, he was arrested. He was subsequently charged with using a computer to solicit the parent of a child to consent to the child’s participation in sexual activity and traveling to meet a child for unlawful sexual activity that was facilitated by the child’s parent following solicitation. The defendant was convicted on both counts, after which he appealed, arguing that the dual convictions violated double jeopardy.

Double Jeopardy in Solicitation Cases  

The Florida Supreme Court previously ruled that the elements of solicitation are completely subsumed by the elements of traveling after solicitation. Therefore, separate convictions arising out of the same solicitation conduct violates double jeopardy. In order to obtain convictions on both charges, the State must plead and establish that the solicitation that forms the basis of the solicitation charge, is distinct from the solicitation that forms the basis of the travel after solicitation charge.

In the subject case, the court noted that while the record clearly established that the defendant committed two separate acts of solicitation in support of the defendant’s convictions, the court’s inquiry was limited to the charging document, which was the information. As the information did not clearly indicate that the State relied on separate conduct to charge the defendant with both crimes, his dual convictions violated double jeopardy. Thus, the court vacated the defendant’s conviction for solicitation.

Speak with a Seasoned St. Petersburg Sex Crime Defense Attorney Regarding Your Charges

If you are a St. Petersburg resident charged with a sex crime it is in your best interest to speak with a seasoned St. Petersburg sex crime defense attorney regarding your charges and what the State must prove to obtain a conviction.  William Hanlon of Hanlon Law is an adept St. Petersburg criminal defense attorney who aggressively defends individuals charged with sex crimes in St. Petersburg. You can contact Mr. Hanlon at 727-897-5413 or through the online form to schedule a confidential and free meeting to discuss your case.

The post Florida Court Discusses Double Jeopardy in Solicitation Cases appeared first on St. Petersburg Criminal Lawyer Blog.

This was demonstrated in a recent case decided by a Florida appellate court, where the court found that sexual predator conditions imposed on a defendant were proper, even though he was not a sexual predator under the statutory guidelines. If you are a resident of St. Petersburg and are currently charged with a sex crime, it is essential to retain the services of a skilled St. Petersburg sex crime defense attorney, to aid you in your fight to retain your liberties and protect your future.

Facts Regarding Defendant’s Sex Crime Charges and Conviction

Reportedly, in 1997 the defendant entered a plea to charges of fondling a minor under the age of sixteen and sexual battery. The stipulated year of his offenses was 1991. The trial court designated the defendant a sexual predator. The designation was subsequently reversed, however, based on the appellate court’s finding that the Florida sexual predator statute applied only to a conviction for sex crimes committed on or after October 1, 1993.

It is alleged the defendant was released onto conditional release in 2010, with supervision ordered to last until 2026. The Florida Commission on Offender review imposed thirty conditions on his release, including the condition that he was not to access the internet until he completed his sex offender treatment program. The defendant signed an agreement agreeing to these conditions but added a note that he was not subject to the conditions because he was not a statutory sexual predator based on the date of his offenses. The defendant violated the terms of his release six times from 2010 through 2015. In 2016 he violated the condition regarding accessing the internet by searching the term “Kowasaski”. His conditional release was subsequently revoked. He challenged the revocation and argued he was subject to conditions for a crime he never committed.

Sexual Predator Designation Under Florida Law

The defendant argued that the state violated his due process by imposing conditions on his release that applied to sexual predators, even though he was not a sexual predator under the terms of the Florida statute defining sexual predators. The court was not persuaded by this argument. The court held that while Florida law imposed a mandatory sexual predator designation for certain offenses committed after October 1, 1993, the designation was not limited to those offenses. Rather, the Florida Parole Commission had discretionary authority under Florida law to impose any special conditions it deems necessary.

The court also declined to adopt the defendant’s reasoning that the condition had no relationship to the crimes he committed. The court noted that while special conditions of probation cannot be so restrictive as to be unrelated to rehabilitation, the same rule did not apply to conditions imposed in a conditional release. Thus, the court denied the defendant’s petition.

Retain an Experienced St. Petersburg Sex Crime Defense Attorney

If you live in St. Petersburg and are currently facing sex crime charges, you should retain an experienced sex crimes defense attorney to assist you in determining what defenses are available to the charges you face. William Hanlon of Hanlon Law is a St. Petersburg defense attorney with the knowledge and skill needed to help you develop a plan of action that will provide you with a good chance of a successful outcome under the circumstances. Contact our offices at 727-897-5413 or through our online form to schedule a consultation.

More Blog Posts:

Appeals Court of Florida Finds Trial Court Erred in Requiring a Defendant to Register as a Sex Offender and in its Sentencing, December 10, 2018, St. Petersburg Sex Crimes Lawyer Blog

The post Florida Court Finds Sexual Predator Designation Proper Even Though The Offender Did Not Meet Statutory Definition of a Predator appeared first on St. Petersburg Criminal Lawyer Blog.

This was illustrated in a recent Florida appellate court case, where the court found that the trial court committed an error of law in requiring a defendant to register as a sex offender and imposing a greater than guideline sentence due to a misunderstanding of the information in the PSI and the applicable law. If you were previously convicted of a sex crime and currently face criminal charges in St. Petersburg, it is in your best interest to consult an experienced St. Petersburg sex crimes defense attorney as soon as possible.

Defendant’s Sentencing Hearing

Purportedly, the defendant pled guilty to bank robbery and taking a hostage during a bank robbery. Prior to his sentencing, a PSI was issued that included information regarding the defendant’s prior adjudication as a juvenile for sexual misconduct. The sexual misconduct conviction was based on the defendant allegedly forcing a seven-year-old girl to have oral sex with him when he was thirteen.

The defendant was adjudicated as a delinquent when he was fourteen. The defendant did not object to the PSI and the court adopted the PSI’s findings and guidelines at the sentencing hearing. The court ultimately determined that a sentence greater than indicated by the sentencing guidelines was appropriate, based in part on the defendant’s prior sexual misconduct conviction. The court described the sexual misconduct crime and horrific and cited it as evidence that the defendant callously disregarded other people’s rights. In doing so, the court erroneously stated the defendant was fourteen when he committed the crime.

Reportedly, the defendant was charged with 240 months in prison, followed by five years of supervised release. He was also directed to register as a sex offender following his release from prison. The defendant subsequently appealed his above-guideline sentence. On appeal, the court found the trial court committed a reversible error and remanded the case to the trial court for resentencing.

Sex Offender Registration Requirements

The court noted that although the defendant failed to object to the trial court stating he was fourteen when he committed the crime or the requirement that he register as a sex offender both were obvious errors that compelled consideration. The court then noted that the law requires individuals convicted of sex offenses are required to register as sexual offenders, but only if they were fourteen years or older at the time they committed the crime.

Here, as the defendant was thirteen when he allegedly committed sexual misconduct, the mandatory registration law did not apply to him. Further, the court noted his prior sexual misconduct conviction was a substantial factor in determining that an above sentence guideline was appropriate. The court stated that the for some purposes there is a material difference between committing the crime at thirteen as opposed to fourteen, and therefore, it could not rule out the possibility the trial court’s incorrect determination as to the defendant’s age when he committed the prior crime weighed in favor of an increased sentence. As such, the court reversed the sentence and remanded for resentencing.

Meet with a Skilled St. Petersburg Sex Crime Defense Attorney

If you are charged with a crime in St. Petersburg, you should meet with a skilled sex crimes defense attorney to discuss how previous convictions for sex crimes may be weighed against you. Attorney William Hanlon of Hanlon Law is adept at defending St. Petersburg residents charged with sex crimes and will vigorously defend your rights.  Contact our offices at 727-897-5413 or via the online form to set up a meeting.

More Blog Posts:

Florida Court Clarifies What Constitutes an Overt Act in an Attempted Sex Crime November29, 2018, St. Petersburg Sex Crimes Lawyer Blog

Florida Appeals Court Hears Video Voyeurism Case November 11, 2018, St. Petersburg Sex Crimes Blog

Florida Appeals Court Hears Sixth Amendment Sexual Battery Case October 25, 2018, St. Petersburg Sex Crimes Blog

The post Appeals Court of Florida Finds Trial Court Erred in Requiring a Defendant to Register as a Sex Offender and in its Sentencing appeared first on St. Petersburg Criminal Lawyer Blog.

Requirements for Sexually Violent Predator Status

In order for the state to take away someone’s right to be in the community beyond the time they are sentenced to, they need to prove that the defendant meets certain criteria. The purpose of this law is to keep the community safe from sex offenders who are likely to continue to commit sex crimes in the future.

The process for a defendant to be deemed a sexually violent predator (“SVP”) is not a criminal proceeding, but a civil proceeding. That means that defendants do not have all of the same rights that a defendant would have in a criminal trial. However, due to the significant liberty interests at stake, defendants are afforded many protections. (I am using the word “defendant” though it is not entirely accurate for the sake of simplicity as at one time the individual was a defendant from the original sex crime charges.)

The first step is the Florida Department of Corrections or another agency identifying someone as potentially falling under the purview of the Ryce Act. The Ryce Act can apply to anyone who has been convicted of a sexually violent offense and also has a mental health or personality disorder that makes it likely that they will continue to perpetrate sexually violent offenses unless they are committed. Civil commitment does not take place in a prison. Instead, there are Children and Family Service facilities where the individuals will reside until they are deemed to no longer be a threat to the community.

After a potential Ryce Act defendant has been identified, they are screened by psychologists and a multidisciplinary team meets to determine if they should be committed. If the state attorney agrees with the recommendation, then they file a probable cause petition. Then there is a civil commitment proceeding where the judge or jury determines whether the defendant should be adjudicated as a sexually violent predator. If there is a jury, they must unanimously find for civil commitment.

Directed Verdicts and the Ryce Act

The case at issue involves whether a directed verdict in a Ryce Act trial can stand. A directed verdict is when the judge finds that there is no way a jury could find another way and enters a verdict. In this case, a man was deemed a sexually violent predator through a directed verdict by the judge. This appeal, heard by the Florida Third District Court of Appeal, upheld the verdict. Thus, directed verdicts in Ryce Act cases are proper.

Contact an Experienced St. Petersburg Sex Crimes Criminal Defense Attorney Today!

If you are charged with a sex crime, you need to contact a knowledgeable St. Petersburg sex crimes criminal defense attorney as soon as possible. The skilled attorneys at Hanlon Law Firm have extensive experience defending clients from sex crime charges and will fight zealously on your behalf. Contact us online or call our offices at (727) 897-5413 to speak with our attorneys today.

See Related Posts:

Florida Man’s Sexual Battery Conviction Affirmed by Appeals Court

Florida Supreme Court Hears Double Jeopardy Argument in Attempted Sexual Battery Case

The post Florida Courts Discuss “Sexually Violent Predator” Designation appeared first on St. Petersburg Criminal Lawyer Blog.

J.F. later appealed the decision, arguing that he should not have been tagged as a sexual predator. He said he had previously been found delinquent as a juvenile in a separate sex offense case, but wasn’t actually convicted. J.F. argued that delinquency alone wasn’t enough to justify classification as a sexual offender. His lawyer asked to be dropped from the case.

The First District affirmed the conviction and sexual predator designation. The court said J.F. could not raise the delinquency argument at trial. Nor, according to the court, did he mention it after the conviction and during a sentencing hearing. As a result, the court said J.F. waived his right to appeal the conviction based on the delinquency argument.

The post Appealing Sexual Predator Status in Florida appeared first on St. Petersburg Criminal Lawyer Blog.

The defendant eventually argued that his sentence on the lewd and lascivious battery charge was illegal because it required him to register as a sex offender. The trial court said the original sentence was legal, and instead it treated his petition as a request to be removed from the sex offender registry. A person seeking removal from the sex offender registry has to meet several criteria, including the requirement that he or she was under 18 at the time of the offense and no more than four years older than the victim. The law also requires that the victim not have been less than 13 years old at the time of the offense.

Although the judge said the defendant met the specific criteria for requesting the removal, the judge declined to do so. He cited his extensive criminal history following the lewd and lascivious battery conviction, including his violation of the probation terms in the original case and the 18-year prison sentence that the defendant was still serving.

Affirming the decision on appeal, the Third District said the judge acted within his discretion. “Because the record supports the trial court’s findings, we find no abuse of discretion,” the court said. As a result, the court affirmed the trial judge’s decision.

If you or a loved one has been charged with lewd and lascivious battery in Florida, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Hearsay Defense Doesn’t Work for Florida Man in Failure to Register as Sex Offender Case

Limitations Period Expired for Sex Crime Charge, Rules Florida Appeals Court

Florida Supreme Court Explains State Criminal Law on HIV Sex

The post Florida Court: Judge Has Discretion in Deciding Whether to Remove Underage Sex Offender from Registry appeared first on St. Petersburg Criminal Lawyer Blog.

The defendant was convicted and sentenced to nearly six years in jail, despite telling the judge at trial that he was still staying at the first girlfriend’s house. He later appealed the decision. He argued that prosecutors failed to properly file the criminal information, the legal document formally charging him with the crime. He said that document left out essential elements of the crime, which meant that he wasn’t adequately informed about the charge against him prior to trial. The Second District agreed.

“In order to sufficiently inform an accused of the allegations against him, due process requires the State to allege every essential element when charging a violation of law,” the appeals court explained. “The overriding concern is whether the defendant had sufficient notice of the crimes for which he is being tried.”

In this case, the court said the prosecutor charged the defendant with violating the Florida law that requires certain sex offenders to alert police within 48 hours of moving to a new address. It did not, however, identify that statute in the document or otherwise inform the defendant that he was being charged under it. Instead, prosecutors cited generally to a lengthy Florida statute that largely defines sexual predators over the course of more than seven pages.

“The information in this case did not allege the essential elements of the charged offense and it did not cite a specific subsection of the statute that included the missing elements or otherwise place [the defendant] on notice of the nature of his alleged criminal conduct,” the court said. “[He] was convicted of a charge that was not made in the information, and we therefore reverse [his] conviction for this reason.”

If you or a loved one has been charged with a sex crime in Florida, such as failing to register as a sex offender, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Hearsay Defense Doesn’t Work for Florida Man in Failure to Register as Sex Offender Case

Limitations Period Expired for Sex Crime Charge, Rules Florida Appeals Court

Florida Supreme Court Explains State Criminal Law on HIV Sex

The post Florida Sex Offender Registry Law’s Moving Requirements appeared first on St. Petersburg Criminal Lawyer Blog.

The defendant later appealed the sentence, arguing that the judge wrongly increased his time behind bars after finding that he committed a sex offense against a minor during the time he was supposed to be registered as an offender. He argued specifically that the finding was based on inadmissible hearsay, which refers to statements that are offered at trial by a person other than the one who made the statement and are offered in order to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible, but there are a number of exceptions. That includes the sentencing stage, at which hearsay can be admitted as evidence as long as it is found to be reliable.

In this case, the judge relied on statements from the girl’s mother and the officer who arrived on the scene – rather than the girl herself – to find that the defendant committed the crime while he was supposed to be registered as a sex offender. Still, the Eleventh Circuit said the evidence was reliable enough for the purposes of enhancing the defendant’s sentence. “While the district court did not explicitly state that it found the hearsay reliable, the consistency of the child’s statements to both her mother and the investigator, along with their testimony that the child was visibly upset that night, make the reliability of her statements apparent from the record,” the court said.

If you or a loved one has been charged with a sex crime in Florida, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Limitations Period Expired for Sex Crime Charge, Rules Florida Appeals Court

Florida Supreme Court Explains State Criminal Law on HIV Sex

The post Hearsay Defense Doesn’t Work for Florida Man in Failure to Register as Sex Offender Case appeared first on St. Petersburg Criminal Lawyer Blog.