History of the Case

Allegedly, the defendant was charged with two counts of lewd and lascivious molestation involving a minor under the age of sixteen, based on accusations made by the victim, who claimed that the defendant, her mother’s partner, engaged in inappropriate conduct. The defense theory centered on the claim that the accusations were fabricated to influence custodial arrangements.

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Factual Background

Allegedly, the State charged the defendant by information with solicitation to commit prostitution in violation of section 796.07(2)(f), Florida Statutes. The charge alleged that the defendant solicited another person to engage in prostitution by sexual intercourse.

Reportedly, the case proceeded to trial in county court, where the trial judge provided the jury with instructions addressing the charged offense. The instructions also referenced solicitation to commit lewdness and assignation, which were not separately charged in the information.

It is alleged that the defendant did not object to the jury instructions at trial. The instructions were included among those collectively identified by the court as the proposed jury instructions, and the defense raised no contemporaneous challenge to their content.

It is reported that the jury returned a verdict finding the defendant guilty of solicitation to commit prostitution as charged. The verdict form specifically identified the offense and cited the applicable statute, reflecting that the jury found the defendant guilty only of the crime alleged in the information.

Reportedly, the defendant appealed the conviction, arguing that the trial court committed fundamental error by instructing the jury on uncharged offenses. The defendant asserted that the inclusion of those references created a risk that the jury convicted him based on an improper theory not alleged by the State.

Jury Instructions in Florida Criminal Cases

On appeal, the court examined whether the challenged jury instruction constituted fundamental error, which is the only basis for reversal when an alleged error was not preserved by objection at trial. The court acknowledged the State’s preliminary argument that the issue may have been waived but determined that it was unnecessary to resolve waiver because the instruction did not amount to fundamental error.

The court analyzed Florida precedent governing instructional errors that reference uncharged offenses. Fundamental error occurs when a jury instruction is so flawed that it undermines the validity of the verdict or makes it impossible to determine whether the defendant was convicted of the charged crime rather than an uncharged offense. This concern often arises in cases involving general verdicts, where the verdict does not specify the theory or offense on which the jury relied.

In this case, the court emphasized the importance of the verdict form. The jury expressly found the defendant guilty of solicitation to commit prostitution, the precise offense charged in the information. Because the verdict form identified the charged crime and statutory citation, there was no uncertainty regarding the basis of the conviction.

The court relied on prior decisions holding that when the record demonstrates the jury convicted the defendant only of the charged offense, the inclusion of references to uncharged crimes in jury instructions does not constitute fundamental error. The court explained that due process concerns arise only when it is impossible to know whether the jury convicted the defendant of an uncharged offense or theory.

Applying that standard, the court concluded that the partially erroneous instruction did not affect the validity of the verdict. The jury’s specific finding eliminated any risk that the defendant was convicted of solicitation to commit lewdness or assignation rather than solicitation to commit prostitution. Because no fundamental error occurred, the defendant was not entitled to relief on appeal. The court therefore affirmed the conviction.

Speak with an Experienced Sarasota Criminal Defense Attorney About Your Case

Appellate challenges based on jury instructions require careful analysis of trial records, verdict forms, and preservation rules. The experienced Sarasota criminal defense attorneys at Hanlon Law understand how Florida appellate courts evaluate claims of fundamental error and instructional defects. If you have been convicted of a criminal offense or believe trial errors affected your case, Hanlon Law can review the record and advise you on potential appellate or post-conviction options. You can reach us online or t 941-462-1789 to schedule a confidential consultation.

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Under state and federal law, it is illegal to transport a minor child for the purpose of engaging in sexual activity. Traveling with a minor for other purposes may be permissible, however, depending on the circumstances. As such, the prosecution must establish that the defendant had an illicit motive to prove their guilt. In a recent ruling issued in a Florida case in which the defendant appealed his conviction for numerous sex crimes, including transporting a minor with the intent to engage in criminal sexual activity. If you are accused of a sex offense, it is smart to meet with a Sarasota sex crime defense attorney to assess your options for protecting your interest.

History of the Case

It is reported that the defendant was charged with multiple crimes, including transporting a minor with the intent to engage in criminal sexual activity. He was convicted as charged and appealed, arguing that there was insufficient evidence to support his conviction.

Establishing Guilt for Transporting a Minor with the Intent to Engage in Criminal Sexual Activity

On appeal, the defendant presented two arguments regarding the adequacy of the evidence against him. Firstly, he contends that the transportation did not primarily serve the purpose of engaging in sexual activity because the victim also intended to visit the United States for her brother’s honeymoon. Secondly, he argues that the victim’s trip from the Bahamas to Miami, which he financed, was an innocent return journey to the United States for her brother’s honeymoon.

To establish guilt for transporting a minor with the intent to engage in criminal sexual activity in violation of federal law, the government must demonstrate that the defendant knowingly transported a minor across state lines with the intention of engaging in criminal sexual activity. Actual sexual activity is not necessary to prove the intent, but engaging in sexual activities with the minor after crossing state lines can strengthen the evidence of intent.

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Under Florida law, certain acts that are sexual in nature constitute crimes. While many sex offenses require the state to establish a specific intent, others merely demand that the state show the defendant committed the acts that constitute the crime. Recently, a Florida court clarified that the crime of sexual battery is a general intent offense in a matter in which the defendant appealed his conviction. If you are accused of a sex crime, it is in your best interest to talk to a Sarasota sex crime defense attorney to discuss what evidence the state must offer to demonstrate your guilt.

The Facts of the Case

It is alleged that the defendant met a man at a bar, after which she agreed to go to his apartment. They then walked to a store where they encountered the defendant, who was the man’s roommate, the defendant’s brother, and another individual. Their accounts differed as to the nature of their interaction; the defendant stated the victim was flirtatious and repeatedly touched him while she denied speaking to or engaging in contact with him.

Reportedly, the victim returned to the man’s apartment and engaged in consensual intercourse with him, after which the defendant entered the bedroom and began engaging in intercourse with the victim. The victim testified that the defendant did not speak to her, and she did not know he was not the other man until after the act was complete. The defendant was subsequently charged with and convicted of sexual battery. He appealed, arguing that he believed the victim consented to the act and, therefore, he lacked the specific intent to commit the charged offense.

Elements of Sexual Battery Offenses

On appeal, the court affirmed the defendant’s conviction. In doing so, it clarified that sexual battery is a general intent offense, not a specific intent crime. In other words, the state does not need to establish that the defendant knew or should have known that the victim did not consent to sexual intercourse in order to demonstrate a defendant’s guilt.

The court explained that the clear language of the statute defining the crime of sexual battery supported its interpretation of the elements of the offense and that it was an established standard that had not been questioned for decades. Thus, the court affirmed that the trial court correctly determined that the defendant’s mistaken belief that he had the victim’s consent was not a defense to the offense of sexual battery.

Meet with a Capable Sarasota Criminal Defense Attorney

A conviction for a sex crime can irreparably harm a person’s rights and reputation, but the state faces a high burden of proof in sex crime cases, and if it cannot meet that burden, it should not be able to obtain a conviction. If you are charged with a sex offense, it is wise to confer with an attorney regarding your potential defenses. The capable Sarasota criminal defense lawyers of Hanlon Law have ample experience defending people charged with sex crimes, and if you hire us, we can advise you of your options for seeking a favorable outcome. You can reach Hanlon Law via the online form or by calling 941-462-1789 to set up a meeting.

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What is the Florida Sex Offender Registry?

Under Florida law, people convicted of certain crimes are required to report to their local sheriff’s office and provide identifying information, such as their name, birth date, social security number, race, sex, hair and eye color, tattoos, and other notable marks, and height and weight.

They also have to provide personal information such as their address, place of employment and occupation, contact information, and vehicle information. This information is used, in part, to create a profile for the individual on the public sex offender registry website, which anyone can access to look for offenders by name or to search certain areas to see if offenders live or work there.

What Crimes Require You to Register as a Sex Offender in Florida?

Florida defines a sex offender as anyone convicted of one of a number of enumerated crimes. Notably, the term conviction includes those found guilty following a trial as well as people who enter pleas of guilty or nolo contendre. People convicted of qualifying offenses in jurisdictions other than Florida are required to register as sex offenders as well.

Many of the crimes that require a person to register as a sex offender involve minors. Specifically, a conviction for kidnapping a minor, false imprisonment of a minor, luring or enticing a child, unlawful sexual activity with minors, sex trafficking or prostitution of minors, and procuring a minor for prostitution requires a person to register as a sex offender. People convicted of the crimes of video voyeurism of a minor, sexual performance by a child, and certain child pornography crimes, including the transmission of child pornography and selling or buying children for portrayal in pornography, are also obligated to register as sex offenders.

Additionally, convictions for numerous sexual misconduct offenses, human trafficking, sexual battery, lascivious and lewd acts committed in the presence of a minor under sixteen, disabled adult or elderly person, and some racketeering offenses carry a sex offender registry requirement as well.

Meet with a Trusted Criminal Defense Attorney in Florida

A conviction for a sex crime can have lasting consequences, including a lifelong status as a registered sex offender. If you are accused of a sex crime, it is prudent to meet with an attorney to evaluate your options. William Hanlon of Hanlon Law is a trusted sex crime defense lawyer who is adept at helping people accused of crimes seek favorable results, and if you hire him, he will advocate aggressively on your behalf. You can contact Mr. Hanlon through the form online or at 941-462-1789 to set up a conference.

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The Charges Against the Defendant

It is alleged that the defendant was charged with sexual battery on an individual under the age of twelve. The charge arose from the allegation that he assaulted his former girlfriend’s daughter over the course of four years when he lived with the girlfriend. Prior to trial, the State filed a notice that it intended to admit hearsay evidence in the form of a handwritten note in which the victim described her sexual abuse. Following a hearing, the trial court deemed the note admissible. The defendant was convicted as charged, after which he appealed, arguing, in part, that the court erred in publishing the note.

Hearsay Testimony in Florida Criminal Trials

On appeal, the court held that the admission of the victim’s note into evidence was proper under the Florida Statute Section 90.803(23), which establishes the standard for allowing hearsay statements of child sex abuse victims into evidence at criminal trials. Specifically, the Statute states that the statement must meet certain requirements with regards to reliability. First, it must come from a source that indicates trustworthiness. Second, the content, circumstances, and time of the statement must reflect that it provides adequate safeguards of reliability.

In addition to the requirements set forth in the Statute, a court can consider other factors, like whether the statement was spontaneous or was elicited in response to a line of questioning, whether it was made as soon as possible after the alleged incident, and whether it contained a childlike description or words or terminology the child was unlikely to understand. The court may also weigh whether the statement is vague and the possibility of undue influence on the child to make the statement.

In the subject case, the trial court deemed the note spontaneous and found that there was no motive to fabricate the statement or undue influence on the victim. Thus, it was deemed properly admitted, and the defendant’s conviction was affirmed.

Meet with a Knowledgeable Criminal Defense Attorney in Florida

A conviction for a sex crime can irreparably harm a person’s rights and reputation, and anyone accused of an offense of a sexual nature should meet with an attorney promptly. William Hanlon of Hanlon Law is a knowledgeable Sarasota attorney proficient at defending people charged with sexual battery and other crimes, and if you hire him, he will fight diligently to help you pursue the best outcome available in your case. You can contact Mr. Hanlon through the form online or at 941-462-1789 or to set up a meeting.

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Procedural History of the Case

It is alleged that the defendant was charged with traveling to meet a minor in violation of Florida law, and unlawful use of computer service in violation of Florida law, both of which were crimes of a sexual nature. He was adjudicated guilty and sentenced by the court. His sentence included a requirement that he register as a sex offender. As such, he filed a petition to remove the requirement. The sentencing court denied the defendant’s motion, after which he appealed.

Removal of the Requirement to Register as a Sex Offender

Under Florida law, if certain requirements are met, a court has the discretion to consider removing a requirement imposed on a defendant convicted of a sex crime. Specifically, the requirement can be waived if a defendant is convicted of sexual performance of a child, lascivious or lewd offenses that were committed in the presence of a person under the age of sixteen, and engaging in specific computer transmissions that are prohibited by law.

In the subject case, the appellate court noted that the crimes for which the defendant was convicted did not fall under the enumerated offenses that would permit a court to waive the requirement to register as a sex offender. The appellate court was not persuaded by the defendant’s argument that the crimes he was convicted of were similar to the enumerated crimes. Specifically, the appellate court explained that it was not at liberty to read words into the statute that were not included by the legislature, as when a statute’s language is clear and unambiguous, it cannot be extended or limited, or otherwise modified. As such, the appellate court affirmed the trial court ruling.

Meet with a Criminal Defense Attorney to Discuss Your Charges

If you live in Sarasota and are charged with a sex crime or any other criminal offenses, it is critical to meet with an attorney to discuss what measures you can take to protect your rights. William Hanlon of Hanlon Law is a skillful Sarasota sex crime defense attorney with the knowledge and experience needed to help you seek the best result available under the facts of your case, and he will work tirelessly on your behalf. You can contact Mr. Hanlon at 941-462-1789 or through the form online to schedule a meeting.

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Factual and Procedural History of the Case

It is alleged that the defendant was charged with attempted sexual battery and attempted lascivious or lewd molestation, both of which were allegedly committed against a person less than twelve years old. The defendant entered a plea of nolo contendere, after which the court imposed concurrent sentences of twenty years imprisonment, followed by probation for life. The defendant appealed, arguing that the sentences were illegal because they exceeded the maximum penalties set forth by law for second-degree felonies. The trial court denied the motion, and the defendant appealed the denial.

Grounds for Vacating a Sentence in Florida

Under the Florida Rules of Civil Procedure, a court may correct an illegal sentence if the defendant affirmatively alleges that the court records, on their face, establish an entitlement to the relief requested. In the subject case, the court noted that sexual battery on a person under twelve years old is a first-degree felony that is punishable by up to thirty years in prison. Thus, the court found that the sentence of twenty years imprisonment followed by lifelong probation exceeded the statutory maximum and, as such, was illegal.

Specifically, the court noted that a defendant could not accept a plea bargain that exceeds that statutory maximum, and explained that when a combined sentence that includes incarceration and probation exceeds the statutory maximum, the sentence is illegal. The court found, though, that in cases involving injuries to the victim’s sex organs, sexual battery on a person under twelve is punishable by life imprisonment. As the record lacked the information needed to determine if the victim suffered injuries, the court remanded the case to determine if the sentence was appropriate.

Similarly, the court found that the attempted lewd and lascivious molestation was a second-degree felony that was punishable by a maximum of up to fifteen years. As the defendant was sentenced to twenty years imprisonment followed by lifelong probation for that crime as well, the court found that the sentence exceeded the statutory maximum and was therefore illegal. As such, the court reversed the sentence and remanded for resentencing.

Speak with a Trusted Criminal Defense Attorney

If you are a Sarasota resident faced with accusations you committed a sex crime, it is wise to consult an attorney to discuss your case. William Hanlon of Hanlon Law is a trusted Sarasota sex crime defense attorney with the skills and resources needed to help you seek the best results obtainable under the circumstances surrounding your charges.  Mr. Hanlon can be reached via the online form or at 941-462-1789 to set up a conference.

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Procedural History of the Case

Reportedly, the defendant was charged with armed sexual battery. Before the trial, he moved to have the charge dismissed, arguing that it was not filed within the statute of limitations. The court denied the defendant’s motion, and the case proceeded to trial. Following the prosecution’s case in chief, the defendant waived his right to argue the statute of limitations so that the jury could be instructed on the lesser included offense of sexual battery. The State argued that the defendant could not waive the right, and the court agreed, declining to instruct the jury regarding the sexual battery. The defendant was convicted of armed sexual battery, after which he appealed, arguing the court erred in refusing to instruct the jury on the lesser included offense.

Right to a Jury Instruction Regarding a Lesser Included Offense

On appeal, the court stated that under Florida law, a criminal defendant cannot have a charge dismissed pursuant to the statute of limitations and then latter waive the statute of limitations argument as to lesser included offenses arising out of the dismissed charge. In other words, if the defendant gets charges dismissed based on the statute of limitations, he or she cannot then waive the statute of limitations as to other crimes arising out of the same criminal transaction.

The court clarified, however, that a defendant was only precluded from waiving the statute of limitations in cases in which one or more charges were actually dismissed due to the statute. In cases where the defendant’s statute of limitations argument failed, such as the subject case, no such preclusion applies. Thus, the appellate court found that the trial court erred in refusing to instruct the jury as to the lesser included offense and reversed the defendant’s conviction and remanded the case for a new trial.

Confer with a Capable Sex Crime Attorney

If you live in Sarasota and are presently charged with sexual battery or another sex crime, it is prudent to confer with a capable attorney to discuss what defenses you may be able to assert. William Hanlon of Hanlon Law is a dedicated Sarasota sex crime attorney, and if you retain his services, he will work diligently to help you seek the best result available under the facts of your case.  Mr. Hanlon can be reached by calling 941-462-1789 or through the online form to set up a confidential and free meeting.

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Procedural Background of the Case

Reportedly, the defendant was charged with lewd and lascivious battery of a child and with using a child in a sexual performance. A jury trial was held, during which the State introduced evidence that the defendant was involved in a sexual encounter with the victim, who was underage, and that he made a video recording of the encounter. The jury convicted the defendant of both charges.

It is alleged that during the sentencing hearing, the judge stated she was sentencing the defendant based on the circumstances surrounding the offense. The judge then proceeded to recite facts that were in the affidavit in support of the defendant’s arrest, which were different than the evidence produced at trial. The defendant’s attorney called the judge’s attention to the fact that there was no evidence of record to support the circumstances the judge relied upon in crafting her sentence. The judge agreed but issued the sentence of fifteen years imprisonment followed by fifteen years of sex offender probation regardless. The defendant appealed.

A Trial Court’s Consideration of Unsubstantiated Allegations

Under Florida law, if a trial court considers unsubstantiated allegations of a defendant’s misconduct in issuing a sentence, it constitutes a violation of the defendant’s due process rights. Thus, where the record shows that a trial judge might have weighed impermissible considerations in deciding what sentence to impose, the State bears the burden of proving that the judge did not, in fact, rely on such considerations, based on the record as a whole. In the subject case, the court found that the State was unable to meet its burden of proof. Thus, the court remanded the matter for a new sentence to be issued by a different judge.

Confer with a Trusted Criminal Defense Attorney

If you are a resident of Sarasota faced with charges that you committed a sex crime, it is wise to confer with a trusted Sarasota sex crime attorney to determine what actions you may be able to take to protect your rights. Attorney William Hanlon of Hanlon Law is a proficient Sarasota attorney who will work tirelessly to help you seek the best legal result available in your case. You can reach Mr. Hanlon via the form online or at 941-462-1789 to set up a free and confidential conference.

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