Sexual predator status is one of the most restrictive and serious classifications under Florida law. This status is saved for the most heinous of allegations for violation of the most serious of sex related crimes. Any individual facing an allegation subjecting them to sexual predator status must do everything they can to retain representation to protect their interests to the greatest extent possible. The Mayberry Law Firm understand the ins and outs of these allegations. Each sex crime attorney in our firm understands what qualifies one as a sex offender in addition to what triggers the dreaded sexual predator classification. We have successfully negotiated charges to avoid this status in addition to guiding our clients through investigatory processes to mitigate damage. Don’t go it alone when this status is looming. Contact an experienced criminal defense attorney at The Mayberry Law Firm to protect your rights.
Florida Statute 775.21 governs sexual predators. Within that statute our legislature made it a point to emphasize that because of the perceived high risk a sexual predator poses for committing a sex crime, separate and accelerated monitoring of those deemed sexual predators is necessary. Those monitored as sex offenders face extreme restrictions of their liberty. Predator status incorporates these liberty restrictions and adds to them in that with this specific status comes the requirement of community notification of your label. In addition to being listed on public websites and lists, local sheriff and police agencies will notify those in your county of your presence. Within 48 hours of receiving notification of a sexual predator’s presence in the community, the local sheriff or police agency must notify every child care facility and school within a 1 mile residence of the predator’s residence.
Sexual predator status arises in the following situations:
- When an individual commits a capital, life, or first degree felony violation or any attempt to kidnap or falsely imprison a minor, commit a sexual battery, commit a lewd and lascivious offense upon one under 16 years old, or buys or sells minors.
- Kidnapping a child under 13 years old per FS 787.01
- False Imprisonment of a child under 13 years old per FS 787.02
- Luring or Enticing a child under 13 years old per FS 787.025
- Human Trafficking related to sexual conduct per FS 787.06(3)(b), (d), (f), (g), (h)
- Sexual Battery per FS 794.011 with the exception of subsection (10)
- Unlawful Sex with Certain Minors per FS 794.05
- Procuring a Person less than 18 years old for Prostitution per FS 796.03
- Buying and/or selling a Minor for Prostitution per FS 796.035
- Lewd and Lascivious offenses on or in the presence of a person younger than 16 years of age per FS 800.04
- Video Voyeurism by one 18 years old or older upon a child less than 16 years old per FS 810.145(8)(b)
- Lewd and Lascivious offenses upon or in the presence of an elderly person or disabled person per FS 825.1025
- Sexual Performance by a Child per 827.071
- Computer Pornography involving a minor or traveling to meet a minor per FS 847.0135(5)
- Buying and/or Selling Minors per FS 847.0145
- Sexual misconduct, reporting requirements per FS 985.701(1)
Nothing short of the death penalty is taken more seriously by the State Attorney’s office than a crime capable of giving rise to sexual predator status. To be blunt, if you find yourself staring down the barrel of a situation like this, there is no choice but to retain aggressive representation to make every effort to prevent this status from being attached to your name. The sex crimes attorneys at The Mayberry Law Firm will make every effort to do just that. Contact us today.