Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Wilson Law Firm, P.L.
232 Hillcrest Street, Orlando, FL 32801
Tel: (407) 648-5255
The Firm Accepts:
Florida Sex Crimes
WILSON
LAW FIRM, P.L.
Attorney at Law
W
Free Initial Consultation
Call the Wilson Law Firm Today at: (407) 648-5255  
Available 24 Hours a Day 7 Days a Week
Orange County Florida Criminal Attorney & Orlando DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements.  The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only
general information.  The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation.  Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Orange County DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orange County Florida Criminal Lawyer - Sex Crimes:
These offenses are considered more severe offenses than most crimes, and
in most cases even a first time offender will be sentenced to Jail if found guilty.  
In addition to jail, the offender may have to register as a sex offender and have
restriction as to where they can reside.  If you have been accused of a sex
crime, you should speak with an experienced criminal defense attorney
as soon as possible to learn about your rights and the defenses that may be
available to you.  

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following Florida Statutes provides some information regarding some of Florida's sex crimes, in addition you
may want to review the following pages for information on the criminal offenses involving:

Lewd & Lascivious and Prostitution & Solicitation

Florida Statute 800.03 - Exposure of sexual organs.
It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near
thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in
any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any
circumstance violate this section.

Florida Statute 794.05 - Unlawful sexual activity with certain minors.
1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section,
“sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however,
sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of
nonage removed under chapter 743.

(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be
established as described in chapter 742. If it is determined that the offender is the father of the child, the offender
must pay child support pursuant to the child support guidelines described in chapter 61.

Note:  In regards to the offense of unlawful sexual activity with certain minors, Florida Statute 794.021 applies and
states that the criminality of conduct depends upon the victim’s being below a certain specified age, ignorance of the
age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is
over the specified age be a defense.                                    

Florida Statute 827.071 - Sexual performance by a child; penalties.
(1) As used in this section, the following definitions shall apply:
(a) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of
contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.
(b) “Performance” means any play, motion picture, photograph, or dance or any other visual representation
exhibited before an audience.
(c) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute,
publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.
(d) “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered,
bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on
another or receiving such harm oneself.
(e) “Sexual battery” means 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; however, “sexual battery” does not include an act done for a
bona fide medical purpose.
(f) “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and
the mouth, anus, or vagina of the other.
(g) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality,
masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’
s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse
or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that
sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance
constitute “sexual conduct.”
(h) “Sexual performance” means any performance or part thereof which includes sexual conduct by a child of less
than 18 years of age.
(i) “Simulated” means the explicit depiction of conduct set forth in paragraph (g) which creates the appearance of
such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

(2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he
or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being
a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual
performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

(3) A person is guilty of promoting a sexual performance by a child when, knowing the character and content
thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less
than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition,
show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The
possession of three or more copies of such photograph, motion picture, representation, or presentation is prima
facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show,
representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a
child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a
separate offense. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.

(6) Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this
state for a violation of any law of this state, including a law providing for greater penalties than prescribed in this
section or any other crime punishing the sexual performance or the sexual exploitation of children.

Note:  The penalties of this offense may increase under certain circumstances.  For more information, please
review the following page of our website:  Florida Statute  775.0847 - Possession or promotion of certain images of
child pornography; reclassification.

Florida Statute 847.0135 - Computer pornography; traveling to meet minor; penalties.
(1) SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child
Exploitation Prevention Act.”

(2) COMPUTER PORNOGRAPHY.—A person who:
(a) Knowingly compiles, enters into, or transmits by use of computer;
(b) Makes, prints, publishes, or reproduces by other computerized means;
(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or
(d) Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical
characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or
soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law
enforcement officer was involved in the detection and investigation of an offense under this section shall not
constitute a defense to a prosecution under this section.

(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a
computer online service, Internet service, local bulletin board service, or any other device capable of electronic data
storage or transmission to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by
the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to
otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a
child; or

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a
person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in
any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person
who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet
service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein
an offense described in this section is committed may be charged as a separate offense.

(4) TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or
from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the
purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage
in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a
computer online service, Internet service, local bulletin board service, or any other device capable of electronic data
storage or transmission to:

(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by
the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to
otherwise engage in other unlawful sexual conduct with a child; or

(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a
person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in
any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim,
including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual
activity

live over a computer online service, Internet service, or local bulletin board service and who knows or should know or
has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less
than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover
operative or law enforcement officer was involved in the detection and investigation of an offense under this
subsection shall not constitute a defense to a prosecution under this subsection.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.

(6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is unlawful for any owner or operator of a
computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the
service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first
degree, punishable by a fine not exceeding $2,000.

(7) STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this state pursuant to chapter 910 for
any conduct proscribed by this section which the person engages in, while either within or outside this state, if by
such conduct the person commits a violation of this section involving a child, a child’s guardian, or another person
believed by the person to be a child or a child’s guardian.

(8) EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this section shall not prohibit
prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law
providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or
the sexual exploitation of children.

Note:  The penalties of this offense may increase under certain circumstances.  For more information, please
review the following page of our website:  Florida Statute  775.0847 - Possession or promotion of certain images of
child pornography; reclassification.

Florida Statute 847.0137 - Transmission of pornography by electronic device or equipment prohibited;
penalties.
(1) For purposes of this section:
(a) “Minor” means any person less than 18 years of age.
(b) “Transmit” means the act of sending and causing to be delivered any image, information, or data from one or
more persons or places to one or more other persons or places over or through any medium, including the Internet,
by use of any electronic equipment or device.

(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have
known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or
in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or
reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any
person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(4) This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a
violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the
transmission of child pornography, as defined in s. 847.001, to any person in this state.

(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this
section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).

Note:  The penalties for this offense may increase under certain circumstances.  For more information, please
review the following page of our website:  Florida Statute  775.0847 - Possession or promotion of certain images of
child pornography; reclassification.

Florida Statute 847.0138 - Transmission of material harmful to minors to a minor by electronic device or
equipment prohibited; penalties.
(1) For purposes of this section:

(a) “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the
recipient of the communication was a minor.

(b) “Transmit” means to send to a specific individual known by the defendant to be a minor via electronic mail.

(2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting
an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by
the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.

(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or
believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s.
847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Note:  The penalties for this offense may increase under certain circumstances.  For more information, please
review the following page of our website:  Florida Statute  775.0847 - Possession or promotion of certain images of
child pornography; reclassification.

Florida Statute 794.011 - Sexual battery.
(1) As used in this chapter:
(a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.
“Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to
the offender.
(b) “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently
incapable of appraising the nature of his or her conduct.
(c) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to
the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any
other act committed upon that person without his or her consent.
(d) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter.
(e) “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate
unwillingness to an act.
(f) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment
or forcible confinement, or extortion.
(g) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
(h) “Sexual battery” means 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; however, sexual battery does not include an act done for a
bona fide medical purpose.
(i) “Victim” means a person who has been the object of a sexual offense.
(j) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or
flee.

(2)(a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery
injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in
ss. 775.082 and 921.141.

(b) A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery
injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s.
775.082, s. 775.083, s. 775.084, or s. 794.0115.

(3) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent,
and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause
serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s.
794.0115.

(4) A person who commits sexual battery upon a person 12 years of age or older without that person’s consent,
under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, s. 775.084, or s. 794.0115:

(a) When the victim is physically helpless to resist.

(b) When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious
personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute
the threat.

(c) When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person,
and the victim reasonably believes that the offender has the ability to execute the threat in the future.

(d) When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of
someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or
physically incapacitates the victim.

(e) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this
fact.

(f) When the victim is physically incapacitated.

(g) When the offender is a law enforcement officer, correctional officer, or correctional probation officer as defined by
s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under the provisions of s. 943.1395 or is an elected official
exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a
probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or
person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of
control or authority as an agent or employee of government.

(5) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent,
and in the process thereof does not use physical force and violence likely to cause serious personal injury commits
a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.

(6) The offense described in subsection (5) is included in any sexual battery offense charged under subsection (3)
or subsection (4).

(7) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic
gain-time under s. 944.275. This subsection may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”

(8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this
subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and
who:

(a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age
which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.

(c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual
battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person
commits a capital or life felony, punishable pursuant to subsection (2).

(9) For prosecution under paragraph (4)(g), acquiescence to a person reasonably believed by the victim to be in a
position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually
in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the
person was in such a position.

(10) Any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or
authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Note 1:  In regards to the offense of sexual battery, Florida Statute 794.021 applies and states that the criminality of
conduct depends upon the victim’s being below a certain specified age, ignorance of the age is no defense. Neither
shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a
defense.    

Note 2:  Florida Statute 794.022 applies specific Rules of Evidence to Sexual Battery Offenses and States as
follows:  

(1) The testimony of the victim need not be corroborated in a prosecution under s. 794.011.

(2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender
shall not be admitted into evidence in a prosecution under s. 794.011. However, such evidence may be admitted if it
is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not
the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may
be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a
pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it
is relevant to the issue of consent.

(3) Notwithstanding any other provision of law, reputation evidence relating to a victim’s prior sexual conduct or
evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the
sexual battery shall not be admitted into evidence in a prosecution under s. 794.011.

(4) When consent of the victim is a defense to prosecution under s. 794.011, evidence of the victim’s mental
incapacity or defect is admissible to prove that the consent was not intelligent, knowing, or voluntary; and the court
shall instruct the jury accordingly.

(5) An offender’s use of a prophylactic device, or a victim’s request that an offender use a prophylactic device, is not,
by itself, relevant to either the issue of whether or not the offense was committed or the issue of whether or not the
victim consented.

Florida Statute 775.0877 - Criminal transmission of HIV; procedures; penalties.
(1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of
whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted
offense involves the transmission of body fluids from one person to another:

(a) Section 794.011, relating to sexual battery;
(b) Section 826.04, relating to incest;
(c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than
16 years of age;
(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;
(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;
(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;
(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;
(h) Section 827.03(1), relating to child abuse;
(i) Section 827.03(2), relating to aggravated child abuse;
(j) Section 825.102(1), relating to abuse of an elderly person or disabled adult;
(k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult;
(l) Section 827.071, relating to sexual performance by person less than 18 years of age;
(m) Sections 796.03, 796.07, and 796.08, relating to prostitution; or
(n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue,
the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of
Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to
procedures established in s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing
of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for
which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test
performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of
the alleged offense.

(2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender
who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public
health agency of the county in which the conviction occurred and, if different, the county of residence of the offender,
and, upon request pursuant to s. 960.003, to the victim or the victim’s legal guardian, or the parent or legal guardian
of the victim if the victim is a minor.

(3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have
been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in
paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this
subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n).

(4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may
introduce results of a backup test performed at her or his own expense.

(5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed
criminal transmission of HIV.

(6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim
may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section
that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in
transmission of the HIV infection, and consented to the action voluntarily with that knowledge.

Florida Statute 794.075 - Sexual predators; erectile dysfunction drugs.
(1) A person may not possess a prescription drug, as defined in s. 499.003(43), for the purpose of treating erectile
dysfunction if the person is designated as a sexual predator under s. 775.21.

(2) A person who violates a provision of this section for the first time commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates a provision of this section a
second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.

Florida Statute 794.09 - Forfeiture of retirement benefits. (Applies to criminal  offenses under Florida
Chapter 794)
The retirement benefits of a person convicted of a felony committed on or after October 1, 2008, under this chapter
are subject to forfeiture in accordance with s. 112.3173 or s. 121.091 if the person is a public officer or employee
when the offense occurs; the person commits the offense through the use or attempted use of power, rights,
privileges, duties, or position of the person’s public office or employment position; and the victim is younger than 18
years of age when the offense occurs.

_____________________________________________

The following pages provide some more Information on sex offenses and penalties:

Lewd & Lascivious

Prostitution

Florida Statute 775.21 - The Florida Sexual Predators Act.

Florida Statute 775.215 - Sex Offender Residency Restrictions.

Florida Statute 794.0115 - Dangerous sexual felony offender; mandatory sentencing.

Florida Statute 794.023 - Sexual battery by multiple perpetrators; reclassification of offenses.

Florida Statute 943.0435 - Sexual offenders required to register with the department; penalty.

Florida Statute 943.04354 - Removal of the requirement to register as a sexual offender or sexual predator
in special circumstances (This Statute is often referred to as Florida's Romeo & Juliet Law).

Florida Statute 943.0436 - Duty of the court to uphold laws governing sexual predators and sexual offenders.

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer and Orange County Criminal Attorney about your situation or to schedule a Free Initial
Consultation.  The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
Call Today: (407) 648-5255
Call Today: (407) 648-5255
Florida Crimes & Laws