Charged With a
Sex Crime in Orlando?
Sex crime accusations are among the most serious charges a person can face — with immediate consequences for your freedom, reputation, and future.
These cases require a careful, strategic defense from the very beginning. Speak with a lawyer as soon as possible to protect your rights and understand your options.
Sex crime charges in Florida carry some of the most severe penalties in the entire criminal justice system — including mandatory prison sentences, lifetime sex offender registration, GPS monitoring, residency restrictions, and the possibility of involuntary civil commitment after the prison sentence is served. Sexual battery on a victim under 12 years old under Florida Statute § 794.011 is a capital felony punishable by life imprisonment without any possibility of parole. Under the Jessica Lunsford Act, sexual battery on a victim between 12 and 17 carries a mandatory minimum of 25 years in prison followed by lifetime GPS-monitored supervision.
Even allegations that never result in a conviction can cause irreparable damage. The moment an accusation is made, the accused faces potential arrest, media coverage, loss of employment, destruction of personal relationships, and community stigma. And unlike most criminal charges, sex offense allegations trigger mandatory reporting requirements — meaning law enforcement is automatically notified, and the investigation proceeds regardless of the accuser’s wishes.
If you are under investigation for or have been charged with a sex offense in Orlando or Central Florida, early involvement of an experienced defense attorney is critical. Attorney James P. Kelly provides confidential, direct representation from the investigation stage through resolution. When you call, you speak with your attorney — not a staff member.
Sexual battery under § 794.011 is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another — or the anal or vaginal penetration of another by any other object — without the victim’s consent. Florida does not use the term “rape” in its statutes; the legal term is “sexual battery.” Penalties depend on the victim’s age, the defendant’s age, and the specific circumstances:
Under § 800.04, lewd or lascivious offenses against a child under 16 are divided into four categories:
Lewd or lascivious battery — engaging in sexual activity with a person 12 or older but less than 16 years of age, or encouraging, forcing, or enticing a person under 16 to engage in sexual activity. This is a second-degree felony (up to 15 years). If the offender is 18 or older, the offense is a Level 8 on the Criminal Punishment Code, and sex offender registration is mandatory.
Lewd or lascivious molestation — intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks of a person under 16, or forcing or enticing the child to touch the offender. If the offender is 18 or older and the victim is under 12, this is a life felony with a mandatory minimum of 25 years (Jessica Lunsford Act). If the victim is 12-15 and the offender is 18+, it is a second-degree felony (up to 15 years).
Lewd or lascivious conduct — intentionally engaging in sexual contact that does not involve penetration or touching of specified body parts, or intentionally exposing genitals in a lewd manner, in the presence of a child under 16. Third-degree felony — up to 5 years.
Lewd or lascivious exhibition — intentionally masturbating, exposing genitals in a lewd manner, or committing any other sexual act that does not involve physical contact in the presence of a child under 16. Third-degree felony — up to 5 years.
Under § 794.05, a person 24 years of age or older who engages in sexual activity with a 16- or 17-year-old commits a second-degree felony (up to 15 years). This statute applies regardless of whether the minor consented.
Under § 827.071, knowing possession of material that depicts sexual conduct by a child is a third-degree felony per image. A person found in possession of 100 images faces 100 separate felony charges. Promotion, distribution, or production of such material is a second-degree felony per image. These charges frequently carry hundreds of counts, each with its own sentencing exposure.
A conviction for a qualifying sex offense triggers mandatory registration under one of two designations:
Sex Offender under § 943.0435 — requires registration of address and employment with the local sheriff’s office, reporting in person at regular intervals, compliance with residency restrictions (cannot live within 1,000 feet of a school, daycare, park, or playground), and listing on the publicly accessible Florida sex offender registry.
Sexual Predator under § 775.21 — a more serious designation imposed for first-degree felony sex offenses or repeat offenders. Sexual predator designation is lifetime, requires more frequent reporting (every 90 days), and imposes additional notification requirements in the community.
Failure to comply with registration requirements is itself a third-degree felony under § 943.0435(14) — up to 5 years in prison for each violation.
Sex crime investigations follow a specialized protocol. The Orlando Police Department’s Special Victims Unit and the Orange County Sheriff’s Office handle these cases using a multidisciplinary approach:
Alleged child victims are interviewed at the Child Advocacy Center by trained forensic interviewers using protocols designed to elicit truthful disclosures. These recorded interviews are central to the prosecution’s case — and they are also subject to challenge. Leading questions, suggestive language, repeated questioning, and interviewer bias can all taint the interview.
Sexual Assault Nurse Examiners conduct medical examinations of alleged victims, collecting DNA evidence, documenting injuries, and preparing a report. The timing of the examination, the presence or absence of physical evidence, and the nurse’s conclusions are all subject to cross-examination.
In cases involving child sexual abuse material, law enforcement uses specialized software to examine computers, phones, tablets, and cloud storage accounts. The methodology used to locate, recover, and attribute digital files to the defendant is subject to challenge.
In cases involving adult victims, the central issue is often whether the sexual activity was consensual. Text messages, social media communications, prior relationship history, the complainant’s conduct before and after the alleged offense, and witness testimony about the interaction are all relevant evidence.
Sex crime allegations arise with disturbing frequency in the context of custody disputes, divorce proceedings, and relationship breakdowns. A parent seeking sole custody may coach a child to make accusations. A former partner may fabricate allegations for leverage in a divorce. A person who regrets a consensual encounter may recharacterize it after the fact. Thorough investigation of the accuser’s motives, inconsistencies between statements, changes in the narrative over time, and forensic interview analysis can expose false or exaggerated allegations.
DNA evidence is not conclusive proof of a crime — it proves contact, not lack of consent. SANE findings are subject to interpretation, and the absence of physical injury is common in sexual assault cases. Digital forensics can be challenged for methodology, attribution (who actually accessed the file), and potential contamination.
Interrogation without Miranda warnings, warrantless searches of electronic devices (the Supreme Court held in Riley v. California that police generally need a warrant to search a cell phone), and coercive interview techniques can all result in suppression of critical evidence.
No category of criminal charge carries more severe collateral consequences than sex offenses. Beyond imprisonment, a conviction means lifetime registration, residency restrictions, employment limitations, and permanent public stigma. The investigation is conducted by specialized units using forensic techniques designed to build the strongest possible case. The defense must be equally specialized, equally thorough, and equally aggressive.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly — not a staff member, not a call center. Confidentiality is absolute. The firm handles sex crime cases in the Orange County Courthouse, the Ninth Judicial Circuit, and courts throughout Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Most sex offenses are specifically excluded from sealing and expungement eligibility under § 943.059 and § 943.0585. However, if the charge was dismissed or resulted in an acquittal, expungement may be available even for serious charges. The offense-specific exclusion applies to convictions and adjudications — not to dismissed charges.
Florida’s Romeo and Juliet provision under § 943.04354 allows a person to petition for removal from the sex offender registry if: the victim was 14 or older, the offender was no more than 4 years older than the victim, the sexual conduct was consensual, and the offender is not a repeat sexual offender. This provision does not prevent prosecution — it provides a mechanism for removal from the registry after the case is resolved.
Registration is mandatory for most sex offense convictions. The duration and conditions depend on the offense. Sexual predator designation is lifetime. Sex offender registration varies but may also be lifetime for certain offenses. There is no discretion to waive registration — it is automatic upon conviction for a qualifying offense.
Yes, and it happens more often than most people realize. False allegations arise in custody battles, relationship breakups, teenage peer pressure situations, and scenarios where regret or embarrassment leads to a recharacterization of a consensual encounter. A thorough defense investigation examines the accuser’s motives, the consistency of their statements over time, communications before and after the alleged incident, and any external pressures that may have influenced the accusation.
The Jessica Lunsford Act (2005) imposes a mandatory minimum sentence of 25 years in prison for sexual battery or lewd/lascivious molestation on a child under 12, followed by lifetime GPS-monitored supervision upon release. The judge has no discretion to impose a sentence below 25 years, regardless of circumstances or mitigating factors.
