Florida Sex Offenses and Why They Are Different

The Uniform Crime Reports (UCR) program in Florida categorizes sex offenses as unlawful sexual contact, sexual intercourse, behavior, or conduct, sexual gratification, and inability to give consent. Examples of these sex-related offenses include incest, rape, sex with minors, or indecent exposure. Florida enforces some of the nation’s toughest sex-crime statutes, tailoring penalties to factors such as the victim’s age, the use of a deadly weapon, and the offender’s prior record.

What is a Florida Sex Crime?

Sex crimes in the State of Florida have varying definitions and penalties. Sex-related crimes generally include sexual battery, incest, child pornography, sexual misconduct, and lewd or lascivious offenses. Below are some examples of Florida sex crimes and their definitions according to the state statutes:

• Florida Statute § 826.04 classifies incest as a third-degree felony: it is illegal to marry or engage in sexual intercourse with a close blood relative. Upon conviction, the court imposes punishment according to 775.082, 775.083, and 775.084, which set the applicable prison terms, fines, and habitual-offender enhancements.
• Under Florida Statute § 798.02, lewd or lascivious behavior by any person—married or unmarried—is a second-degree misdemeanor. A conviction exposes the offender to the penalties set out in 775.082 and 775.083, which permit up to 60 days in jail and a fine of up to $500. 
• Sexual battery as per statute 794.011 is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person or object, without the victim's consent. Cases where the victim is impaired physically or mentally due to drugs, alcohol, or age are included. The prescribed penalties are outlined in 775.082, 775.083, 775.084, or 794.0115.

What are the Different Types of Sex Offenses?

Under the Florida statutes, the different types of sex offenses in Florida are:

• Incest: Incest is a third-degree felony in Florida that occurs when relatives have sexual intercourse or marry each other. Typically, the punishment for this offense does not exceed five years of imprisonment. 
• Exposure of Sexual Organs: The display of sexual organs in public and private places where it is not permitted is punishable by Florida's laws. Such a violation is classified as a misdemeanor of the first degree, and anyone caught in the act might serve a jail term that does not exceed one year.
• Lewd or Lascivious Offenses Committed in the Presence or on an Elderly or Disabled Person: Sexual misconduct such as vaginal, oral, or anal penetration with a sexual organ or object against an elderly or disabled person is a felony of the second degree, and the offender may be imprisoned for not more than 30 years. 
• Lewd or Lascivious Display Towards an Employee: An employer found committing lewd or lascivious exhibition in the presence of an employee is chargeable for a felony of the third degree, and the punishment attached is a jail term not exceeding ten years.
• Unnatural and Lascivious Act: Committing an unnatural and lascivious act is punishable, and it is classified as a misdemeanor of the second degree. The perpetrator may be incarcerated for a specified period, typically not more than 60 days, if found guilty.
• Offenses against students by a person of influence: Florida's laws do not support sexual conduct, lewd conduct, or romantic relationships by an authority figure with a student in an educational facility. Anyone guilty of this act has committed a felony of the second degree and may be sentenced to jail for not more than 30 years.
• Lewd and Lascivious Behavior: In Florida, any lewd and lascivious behavior towards a person, especially a minor, is a felony of the second degree. The punishment therein is a jail term of up to 30 years.

Sex Offender Levels of Classification in Florida

Through the Sex Offender Registration and Notification Act (SORNA), the State of Florida classifies sex offenders in the state into three (3) tiers based on the severity of their offenses;

Tier 1 Offenses:

Offenders in this tier are generally required to register for a minimum of 15 years while also verifying their registration annually. Florida does not typically use this tier during its registration process, as its sexual offenders are required to register for life and verify their registration twice a year. At the same time, sexual predators also register for life and verify their registration quarterly. Some offenses that require the Tier-1 registration include:

• False imprisonment
• Sexual battery committed on a victim 18 years of age or older
• Video voyeurism (victim under the age of 18)
• Lewd or lascivious act on or in the presence of an elderly person or disabled person.
• Sexual performance by a child (possession)
• Computer pornography

Tier 2 Offenses:

SORNA regulation requires offenders under this tier to register for a minimum of 25 years while verifying their registration biannually. Here are some of the offenses under Florida statutes that may require a Tier-2 registration:

• Sexual battery (solicitation or an act of sexual battery of a child under 18, who is under the offender's watch)
• Unlawful sexual activity with certain minors
• Procuring a person under age 18 for prostitution
• Buying or selling of minors into prostitution or sex trafficking
• Lewd or lascivious battery

Tier 3 Offenses:

Under this tier, the Florida statutes require its sexual predators to register for life and verify their registration every three months. Some of the offenses that fall under this category include:

• Sexual Predator Criteria i.e., an offender who has previously been convicted of certain sex offenses
• Kidnapping
• Sexual battery
• Lewd or Lascivious Battery
• Lewd or Lascivious Molestation (offender convicted as an adult, victim 13-15 years of age and the touching is without clothing of the genitalia)

How Do I Find A Sex Offender Near Me in Florida?

In 1997, Florida's Public Safety Information Act was passed to alert residents about sex offenders in the state. To this end, the Florida Department of Law Enforcement (FDLE) documented all sex offenders in the state, and these records became public. Citizens of Florida may access sex offender information online, by mail, or in person. 

Online

The Florida Department of Law Enforcement manages a public website where the details of registered sex offenders/predators are posted. Users may view the offender's photo and other descriptions of the predator. Florida residents may also sign up for the Florida Offender Alert System, which typically sends an email notification when a sex offender moves within a certain radius stated by the subscriber or anywhere in the state. Lastly, a person's criminal history may be accessed on the FDLE website, and charges apply.

By Mail

Interested persons may query the Clerk of Courts' Office in the county where the sex offender was brought to justice. The county of conviction is typically stated on the Florida sex offender registry, and by clicking on it, a list of all Florida Clerk of Court websites may be presented.

In-Person

To obtain details of sex offenders in Florida, residents may visit the local arresting law enforcement agency in the county where they live.

Florida Sex Offender Registry

The Sexual Offenders and Predators Search, maintained by the Florida Department of Law Enforcement, contains a list of current sexual offenders and predators in the State of Florida. The list is typically updated regularly to ensure its information is current and accurate. The offenders' details on the database include name, physical features, status, crime report, address, designation, and photographs. Interested parties may access the registry online and search by city, zip code, county, name, and radius.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in Florida?

According to Florida statutes, some of the restrictions on sex offenders in Florida are as follows:

• Sex offenders whose victims are minors (less than 16 years old) may not live within 1000 meters of any playground, school, park, or childcare facility. Furthermore, violators are generally prohibited from sharing candies to children during Halloween or wearing costumes during festivities.
• A person found on the sex offender registry may not act as an athletic coach in Florida.
• Florida sex offenders are to observe a compulsory curfew from 10:00 pm to 6:00 am daily.
• Sex convicts are restricted from internet access or other computer services until a risk assessment is completed.