Matt Shafran is a diligent criminal defense lawyer who will provide you with top-tier representation. If you've been arrested for a sex crime anywhere in Florida, contact him before it's too late.
Areas In Florida We Represent
If you are facing charges for sex crimes, contact our experienced criminal defense attorney in Florida.
Contact Weinstein Legal Team at 888-626-1108 for a free legal consultation regarding your case.
Florida State Statute 794.011
Among other things, FSS 794.011 defines the term “sexual battery” in Florida. For all intents and purposes, sexual battery is what is typically referred to as “rape.” For a successful prosecution, the state must show that the suspect:
- Orally, anally, or vaginally penetrated the victim
- Either with their sexual organ or another object
- Either against the victim's will or with a victim who cannot legally provide consent (i.e., a minor or adult with diminished mental capacity.)
Penalties for Florida Sex Crimes
Fla. Stat. § 794.011 sets the degree of a sexual battery charge by the ages of the offender and the victim and by the force or circumstances involved. Here is a summary:
- Offender 18 or older and victim under 12 (§ 794.011(2)(a)): capital felony. Injuring the sexual organs of a child under 12 while attempting sexual battery is treated the same way.
- Offender under 18 and victim under 12 (§ 794.011(2)(b)): life felony.
- Victim 12 or older, no consent, and the offender uses or threatens a deadly weapon or uses physical force likely to cause serious personal injury (§ 794.011(3)): life felony, whatever the offender's age.
- Victim 12 or older, no consent, and one of the aggravating circumstances in § 794.011(4)(e) is present: the victim was physically helpless, was coerced by threats of force or of retaliation, was drugged without their knowledge, was mentally defective or physically incapacitated, or the offender was a law enforcement officer or someone else in a position of control or authority. When the offender is 18 or older and the victim is 12 to 17, § 794.011(4)(a) makes this a first-degree felony punishable by up to life. When both are 18 or older, or the offender is under 18 and the victim is 12 or older, § 794.011(4)(b) and (c) make it a first-degree felony carrying up to 30 years.
- Victim 12 or older, no consent, and no deadly weapon or force likely to cause serious injury (§ 794.011(5)): a first-degree felony when the offender is 18 or older and the victim is 12 to 17, and a second-degree felony carrying up to 15 years when both are 18 or older or the offender is under 18.
- A prior conviction for a listed sexual offense raises a § 794.011(5) charge to a first-degree felony, and raises a § 794.011(4) charge to a first-degree felony punishable by up to life.
How Consent Is Defined Under Florida Law
Florida Statute 794.011(1)(a) defines consent as “intelligent, knowing, and voluntary consent and does not include coerced submission.” The statute also addresses some of the circumstances around which sexual battery can be charged.
- The victim is physically helpless to resist. In other words, they are incapacitated or sleeping.
- The offender coerces the victim by threatening force that they have the apparent ability to execute.
- The offender threatens retaliation against the victim or another person.
- The offender drugs the victim without their knowledge.
- The victim is mentally incapable of providing consent.
- The victim is physically incapacitated.
Sex Crime Charges in Florida
The umbrella term “sex crimes” is not limited to the charges outlined under the sexual battery statute. Here are some other sex crimes charged in the state of Florida:
- Unlawful sexual activity with a minor (Fla. Stat. § 794.05). This covers sexual activity between a 16- or 17-year-old and a person 24 or older, and it is a second-degree felony. A partner who is under 24 does not commit an offense under this statute because of that age combination alone, though other statutes can still apply depending on the facts.
- Prostitution. Usually charged as a misdemeanor in Florida under FSS 796.07.
- Lewd and lascivious offenses. A group of felonies under Fla. Stat. § 800.04 covering sexual conduct with, or in the presence of, a child under 16, including what is commonly called molestation.
- Possession of child pornography. Since July 1, 2026, possession is a second-degree felony under Florida Statute 827.071(5), raised from a third-degree felony by chapter 2026-20, and the statute treats each photograph, image, data file, video, or other depiction as a separate offense. The charge is reclassified one degree higher, so possession becomes a first-degree felony, under Fla. Stat. § 775.0847 when the offender possesses 10 or more images and at least one of them depicts a child under 12, sadomasochistic abuse, sexual battery, or bestiality, or is a motion picture or video.
- Exposure of sexual organs. Under FSS 800.03, indecent exposure is charged as a misdemeanor for a first offense and a third-degree felony if there is a subsequent conviction.
Sex Crime Charges We Defend
Every sex offense in Florida carries its own statute, penalties, and registration consequences, and we defend all of them:
Many of these offenses carry mandatory registration as a sex offender or sexual predator, and a conviction can never be sealed or expunged in Florida. Under Fla. Stat. § 943.0584, charges under Chapter 794, § 800.04, § 827.071, and the other listed sex offenses stay ineligible for sealing even where adjudication was withheld, while a charge that is dropped or dismissed may still qualify for expungement, so the outcome of the case matters as much as the charge itself. See our Florida expungement page for what can and cannot be cleared from a record.
What You Should Do if You're Charged With a Sex Crime
Cases can be won and lost within the first few hours of your arrest. While the following information should not be construed as legal advice, it is consistent with what criminal defense attorneys in Florida tell their clients.
- Do not give consent to search your property (i.e., house, car, cellphone, etc.). The police can get a warrant if they have sufficient probable cause, but they may not.
- Do not agree to answer questions without your attorney present. Advise the officers that you are invoking your Fifth Amendment right to remain silent until you speak to a lawyer.
- Do not physically resist or lie. You can end up with additional charges.
- Contact a criminal defense lawyer immediately.
How a Florida Sex Crimes Attorney Can Help You
A sex crimes attorney can help mitigate the damage by speaking directly to the police or the assigned state attorney. In addition, they can prevent you from making mistakes that could make your case more difficult to defend. Finally, if the case against you is compelling, your attorney can negotiate with the prosecutor for a less severe penalty.
Frequently Asked Questions About Sex Crimes
The following are some of the most frequently asked questions attorney Matt Shafran receives from clients regarding sex crimes.
Is There a Way to Keep My Case From the Media?
Unfortunately, criminal cases are part of the public record. They may not discover your case, however. The police will not usually contact the press about a criminal investigation unless they are seeking assistance from the public or believe that an announcement is in the public interest.
What If I Thought My Accuser Was an Adult?
Unfortunately, in a statutory rape case Florida law places the burden of age identification on the adult. However, if your accuser lied about their age, it is a mitigating circumstance.
