Internet Crimes & Sex Crimes Defense Attorney
Defense of Sex Crimes, Internet Crimes, Child Pornography, Lewd and Lascivious Molestation, Internet Pornography, and All Sex Offenses

Larry Sandefer - Sex Crimes & Internet Crimes Defense Attorney
Serving Clearwater, St. Petersburg, Pinellas County, Pasco County, Tampa, the Bay Area,  and the State of Florida

An accusation of a sex crime can have lifetime consequences. A conviction can carry an extended prison sentence. State law provides that even after completing a prison sentence on a sex offense that the State can petition to keep a person in “sex offender treatment” indefinitely. That “sex offender treatment” is held at a secure location behind secure fences and locked doors. Additionally, someone convicted of an enumerated sex offense may be labeled a sex offender or a sexual predator and placed on a Statewide website for a minimum of 20 years. Even an accusation of a sex crime can permanently affect and alter your business and personal relationships.

What Constitutes a Sex Offense?

A sex offense can include many types of alleged behavior. Touching a minor in an inappropriate place can be the sex offense of lewd and lascivious behavior or conduct. Any type of sexual penetration of a minor constitutes sexual battery. If the minor is under the age of 12, that offense can be the offense of capital sexual battery carrying a mandatory life sentence. Sexual penetration without consent on an adult or with an adult who is unable to consent can be sexual battery. Exposure of sexual organs can be classified as a sex crime.

Proof

The burden of proof of a sex offense is always on the State Attorney. That burden of proof standard is beyond and to the exclusion of every reasonable doubt. However, the State Attorney may bring charges based only upon the statements of victims or witnesses. Physical evidence is not required in order to bring a charge. Many charges of sexual battery or lewd and lascivious conduct involve verbal allegations. This is particularly true in late reported incidences. In matters which involve children, other laws may apply such as the child hearsay law. In some cases, statements made by a child to others can be entered as evidence in a case, whereas, in other types of charges those might be considered inadmissible hearsay. Similar fact evidence is more easily admitted in a sex offense charge than in most other types of offenses. Not only are these charges emotionally draining, they can be devastating. The State Attorney aggressively prosecutes sex offenses. It is, therefore, critical to aggressively defend those charges. If you are arrested for, or accused of, a sex offense, contact an attorney immediately. An attorney can be reached 24 hours a day. Contact us.

Defenses

There are defenses available to sex offenses. Sandefer Law Firm can discuss those with you in detail as they apply to your case. You should contact an attorney with extended experience in defense of sex crimes. Attorneys and experience are not all the same. Sandefer Law Firm has access to experts and investigators to assist in the preparation of a defense and the investigation of your case. Larry Sandefer is a Board Certified Criminal Trial Attorney experienced, first as a Prosecutor, and then as a Defense Attorney in Sex Crimes and Internet Crimes.

Child Pornography

The State of Florida, through the individual State Attorneys and the Office of the Attorney General, has instituted an aggressive plan to prosecute child pornography on the Internet. Some material identified as child pornography may be located through “fingerprints” on the Internet and tracked into specific computers. However, just because material is found on a person’s computer does not mean that that person knowingly put that on their computer. It is possible for material to get onto a person’s computer unknown to that computer owner. Items may be stored on a computer, and materials once stored may never be able to be thoroughly deleted. Also, legally, there a distinctions between erotica and pornography.

Contact an attorney with experience in charges of Internet pornography if you are accused of or charged with possession of child pornography on a computer. Penalties can be severe if someone is convicted of such charges. Each picture or each frame of a movie can be considered an individual crime under Florida law. The manner in which the material was located and/or seized should be thoroughly investigated, including searches, search warrants, consent issues, and knowledge issues.

Initial contact by law enforcement with a person suspected or accused of a sex offense or of an Internet pornography offense is critical. The chief purpose of this contact by law enforcement is to conduct an interview with the accused. By the time this request occurs, law enforcement has already spoken with the person making the accusation or has knowledge that leads them to believe there are materials contained on a computer. As with many accusations, the first person that law enforcement has contact with may influence their beliefs and the direction an investigation takes. Often, a person accused of a sex crime believes that they may be able to explain the situation to law enforcement and avoid an arrest. This belief is usually not correct. It is extremely important that if you, or someone you know, is accused or suspected of a sex crime, Internet pornography or any similar crime that you contact an attorney experienced in sex offenses and Internet crime. You should speak to an attorney before you speak with law enforcement. The initial consultation at Sandefer Law Firm is free. Contact Sandefer Law Firm for that free consultation.

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