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West Palm Beach Sex With a Minor Attorneys

Sex with a Minor Attorneys in West Palm Beach

Sex with a minor, sometimes called Statutory Rape, can be charged as a crime under several areas of Florida law. These are serious charges always best handled by immediate consultation with an experienced West Palm Beach criminal defense lawyer.

Under Florida Statute 794.05 it is illegal for an adult to have sexual contact with a child under the age of 18. The law makes an exception for consensual contact by a person under the age of 24 with a 16 or 17 year old in many circumstances, unless the minor is disabled.

Common Charges

Common charges involving sex with minors include:

  • Unlawful sexual activity with a minor: “Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object. However, sexual activity does not include an act done for a bona fide medical purpose. The charge is a second degree felony carrying a penalty of up to 15 years in prison, 15 years of probation and a $10,000 fine.
  • Lewd or Lascivious molestation: UnderS. 800.04(5), Florida law makes it a crime to have consensual sexual interaction with a child younger than 16. The crime occurs when a person intentionally touches the breast, genitals or buttocks of a child under the age of 16 in a manner that is lewd or lascivious; or when an offender encourages, entices or forces a child younger than 16 to touch another person in a lewd or lascivious manner. These charges may result in a life sentence or a second-degree felony. Most charges carry a mandatory minimum prison sentence of between 51 months and 25 years, even for a first-time offender.
  • Sexual battery (rape): Under S. 794.011, sexual battery, more commonly called rape, is committed when a person has non-consenual vaginal, oral or anal contact with another person using a sexual organ or object. The penalties for conviction will be determined based on many factors, including the age of the victim, the age of the offender, and the presence of any aggravating circumstances. At a minimum, sexual battery (rape) is a second-degree felony punishable by up to 15 years in prison, 15 years of sex offender probation and a $10,000 fine.

Sex crimes involving children are typically strict liability crimes under Florida law. This eliminates several otherwise common defenses, including that the age of a child was unknown, therefore the crime was unintentional, and/or that the child consented to the sexual act.

Related:   What Are the Penalties for Child Abuse in Florida?

Defense of Child Sex Crimes

These charges require an experienced West Palm Beach defense lawyer to quickly build an aggressive defense of a client in both the court of public opinion and a court of law.

Possible defenses include:

  • False allegations: These allegations are common in child custody cases, juvenile offender cases, substance abuse cases and other types of criminal or civil cases where false allegations may be made to seek a legal advantage.
  • Romeo and Juliet Exemption: This exemption is available to some offenders where consensual sexual contact involved a minor ages 14-17, where the minor was no more than 4 years younger than the defendant. Such defendants may be successful in eliminating sex-offender designations and registry requirements.
  • Mitigating circumstances: In some cases charges may be mitigated when, a child is the aggressor or prevoker of an incident, where the defendant requires treatment for a mental disorder, or where a defendant is sentenced as a youthful offender.
  • Lack of intent: Lack of lewd intent may be a defense. Lewd and lascivious conduct must be definable as wicked, lustful, unchaste, licentious or sensual in intent on the part of the person doing an act.

Downward departure: Because of the mandatory minimum sentences in many of these cases, successfully arguing for a downward departure can significantly benefit a defendant. This may include a plea bargain, successfully arguing a defendant was a minor accomplice, deficient capacity to understand the criminal nature of the conduct, need for payment or restitution outweighs the need for prison time, defendant acted under extreme duress. cooperation of defendant, remorse of defendant, non-violent offender.

Call Us for the Defense You Can Trust

There are many other scenarios that may provide a defendant with the opportunity for a significant downward departure. However, more than many other types of crimes, law enforcement and prosecutors do not want to be seen as easy on offenders accused of crimes against children. Failure to exercise your right to remain silent and seek immediate consultation with an experienced West Palm Beach criminal defense lawyer may eliminate many options for your defense.

In many cases, defendants unwittingly attempt to cooperate and give law enforcement information or cooperation for free that could otherwise be used to minimize the charges and potential penalties against them.

The experienced West Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

If you're charged with statutory rape in West Palm Beach, it's crucial to immediately contact a specialized criminal defense attorney like those at Salnick Law, P.A. They can provide a vigorous defense by assessing the specific details of your case, exploring possible defenses such as the Romeo and Juliet exemption, false allegations, or lack of intent. Their expertise in handling sex crimes involving minors can significantly influence the outcome of your case by potentially mitigating charges or arguing for reduced penalties. Salnick Law, P.A. offers expert legal representation to help you navigate these serious charges and protect your rights.
The penalties for statutory rape in West Palm Beach can be severe, including significant prison time, fines, and mandatory registration as a sex offender. The exact penalty often depends on the ages of the involved parties and the circumstances of the case. It is crucial to consult with a defense attorney who can provide guidance based on the specifics of your case. At Salnick Law, P.A., we work diligently to mitigate these consequences through effective defense strategies.
For statutory rape charges in West Palm Beach, possible defenses include demonstrating that the accused was unaware of the minor's age, proving a close-in-age relationship under Florida's "Romeo and Juliet" law, or establishing that the accusations are false. An attorney can also challenge the evidence presented by the prosecution and argue consent in scenarios where the minor is above the age of consent but still considered a minor by law. At Salnick Law, P.A., we thoroughly investigate each case to uncover any mitigating circumstances or procedural errors that can be used in your defense. Our goal is to achieve the best possible outcome for your case in West Palm Beach.
Intent is a critical element in lewd or lascivious conduct, requiring evidence that the behavior was “wicked,” “lustful,” or “sensual.” Prosecutors often rely on recorded statements, circumstances, or suggestive conduct to establish intent. A defense attorney can contest these interpretations by arguing normal or non-sexual contexts, lack of intent, or mischaracterization of facts. They may also rely on expert testimony to show lack of intent or misunderstanding. Successfully challenging intent could lead to reduced charges or alternate sentencing. Examining the context and intent element closely is essential in these cases.
Generally, Florida’s sex-with-a-minor statutes operate on strict liability—meaning a mistaken belief about age is not a valid defense. However, in specific close-in-age situations (“Romeo and Juliet” exemptions), intent and perception issues may factor into sentencing or registry outcomes. While ignorance of age alone doesn’t excuse the offense, it can influence lawyers and judges considering mitigating factors or plea negotiations. Your attorney can present such context to argue for sentence reductions or registry waivers. Understanding how strict liability applies, and when exceptions or mitigators might help, is essential. It’s wise to consult legal counsel immediately when facing such charges.
Yes. Demonstrating a defendant’s commitment to therapy, treatment, or mental health care can be a powerful mitigating factor in sex-with-a-minor cases. Courts may consider treatment when evaluating whether a downward departure is appropriate or if registry requirements can be modified. Your attorney can present medical documentation, therapist reports, or treatment plans to support the argument that rehabilitation, rather than punishment, is paramount. This approach may influence judges to impose shorter probation terms or avoid mandatory minimums. Early intervention with legal and psychological professionals strengthens this strategy. A combined legal and therapeutic defense can significantly impact outcomes.
If you need legal assistance with a statutory rape charge, reach out to us at Salnick Law, P.A. for expert defense. We offer free consultations to discuss your case and provide the best legal options. Don't hesitate to contact us to ensure your rights are protected.

Additional Information in West Palm Beach

The Florida Senate Chapter 794 - Sexual Battery: Encompasses laws pertaining to sexual battery, which includes statutory rape. It defines various offenses, outlines penalties, and sets guidelines for legal procedures in cases of sexual offenses. This chapter is essential for understanding the legal parameters and potential defenses in a statutory rape case, ensuring that the defense strategy is aligned with current state laws.
National Sexual Violence Resource Center (NSVRC): Comprehensive range of resources related to sexual violence, including tools for prevention, support for survivors, and educational materials for both the public and professionals. The site features information on how to find help, ways to get involved in advocacy, and detailed guidance on understanding and preventing sexual assault. In the context of a statutory rape case, this resource can be invaluable for providing background information on sexual violence, potential support services for victims, and educational content that may help in understanding the broader issues involved in such cases.
RAINN - Laws in Your State; Florida: Detailed information on Florida's state laws regarding sexual violence, including statutory rape. It explains legal definitions, consent laws, reporting requirements, confidentiality laws, and the criminal statutes of limitations for sex crimes. This resource can be crucial in a statutory rape case by offering a comprehensive understanding of relevant laws, which can aid in formulating a defense strategy and ensuring that the rights of those involved are adequately protected.

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