When we think of sex crimes we typically think of rape, sexual assault, and other “egregious” sexual acts; however, crimes of sexual misconduct aren’t always headline-worthy news stories. Most sex crime charges are less scandalous than people realize; in fact, some people are committing sex crimes without even realizing it! That’s why Hager & Schwartz is here to tell you about Florida sex laws you should know.
We know what you’re thinking, “Child pornography? Why should I know or worry about child pornography?” Hear us out. Today, “sexting” is more popular than ever before. In fact, the National Campaign to Prevent Teen Pregnancy states that 40% of all teens have posted or sent sexually suggestive messages. Many of these messages are pictures of sexual conduct: here’s why this matters.
Florida law defines child pornography as, “any image depicting a minor engaged in sexual conduct.” In Florida, a minor is anyone who is under the age of 18. This law has severe implications for people who save nudes of their underage boyfriends and girlfriends. If are older than 23 and have old nudes of an ex who was underage in the picture, you technically have child pornography on your phone. It’s a good idea to delete all pictures of an underage person (even if they were consensual) from your phone. Additionally, if you have adult children, you should talk to them about this law.
Sex with a Minor
We know, you would never have sex with a minor, but what if you didn’t know they were a minor? What’s more, what if he or she lies about age before you sleep together?
With the prominence of Tinder and other dating apps, it’s easier than ever before to hook up with people without knowing much about each other; however, this has led to severe consequences for unsuspecting dating app users. In some cases, men and women are charged with statutory rape due to unknowingly sleeping with a minor. If you don’t believe us, watch this story.
Drunk Sex Isn’t Consensual Sex
While not a law per se, it’s important to distinguish that drunk sex is not consensual sex. Here is a direct quote from the law, “evidence of the victim’s mental incapacity or defect is admissible to prove that consent was not intelligent, knowing, or voluntary.”
This definition means that people cannot consent to sex if they are “mentally incapacitated” by drugs or alcohol. Unfortunately, this law applies even if both participants are drunk. In a scenario where both people are drunk, most courts will say the man is the one responsible for the “nonconsensual” sex. However, regardless of your gender, it’s wise to never have relations with someone who is drunk or otherwise mentally incapacitated.
Everyone should know about these laws and the rules that accompany them; however, mistakes can happen. If you or a loved one is charged with a sex crime, you should hire an experienced sex crime attorney as soon as possible!
Charged with a sex crime? Call (954) 840-8713 now for a free consultation for your case!