Sex Crimes

Published on: May 24, 2010

Sumter County, FL Criminal Attorney News :: Sumter Sheriff’s Office Cyber Crimes Unit Charges Man for Child Porn

by Whittel & Melton, LLC

According to local news, a Webster, Florida man was charged with ten (10) counts of Possession of Child Pornography. The presiding first appearance judge set his bond at $50,000. He will be prosecuted in Bushnell, Florida.

It is reported that the Sumter County Sheriff’s Office’s Cyber Crimes Unit, along with the Internet Crimes Against Children Task Force, had long suspected the individual of allegedly possessing the content and executed a search warrant assumingly regarding same this week.

It is alleged the material was stored on the Sumter County man’s laptop computer.
As is often the case, the defendant will immediately look to the warrant for his first legal challenge. This is a good place to start because the arrest warrant is what placed the officers at his home for his arrest and ultimately seizure of his computer. As a secondary issue, it will need to be investigated exactly how these images were found to be downloaded onto this man’s computer. Often times, the reasons for the initial arrest and search warrant and reasons for these pictures being downloaded are linked. In contrast, when those items are not linked, a common source of problems for the prosecution is these types of cases is involuntary downloads.

Published on: November 9, 2009

Floral City man accepts 25 year prison term in Hernando County sexual battery

by Whittel & Melton, LLC

Citrus County Online is reporting that the 20-year-old Floral City man who was set to go to trial next week for sexually battering an eight year old girl accepted a plea deal last week of 25 years in prison and lifetime probation. He was facing life in prison.

The man was charged with sexual battery on a child and false imprisonment of a child relating to the February blindfolding, handcuffing, and sexually battering of a 8-year-old Brooksville girl. According to the State Attorney’s Office, the plea negotiation was approved by the girl’s family because understandably, they did not want the child to have to testify in open court about the horrific experience.

In abuse cases involving children making statements to law enforcement or other adults regarding their abuse, the State has an extra burden if they want these statements to be introduced at trial. Under the Florida Rules of Evidence and Florida Statutes Section 90, the State must show, at a hearing separate from the trial, that the child’s out of court statement about the abuse is reliable. Some of the factors courts can consider in determining whether these child hearsay statements are admissible for a jury to consider include: when the statement was made in relation to the abuse, how the child’s statement was elicited, whether the child was coached prior to questioning and whether forcing the child to testify in open court would cause serious emotional harm. Many times, getting these statements into evidence can make or break the State’s case, as it is quite common for children to recant their statements as time passes.

Published on: October 10, 2009

Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense

by Whittel & Melton, LLC

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that “he gets a ‘rush’ while exposing himself.” The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Published on: June 14, 2009

Florida Sex Crimes Attorney News Update: Sumter County, FL Sheriff’s Office Deputy Arrested for Sexual Battery on Child Under 12

by Whittel & Melton, LLC

In what will no doubt be the subject of rumor mills in Sumter County, Florida for some time, a Deputy from the Sumter County S.O. has been arrested for the very serious offense of Sexual Battery on a child under the age of 12. This offense is a Capital Felony under Florida Law.

According to two news sources, the investigation, which was mostly done by the Florida Department of Law Enforcement (F.D.L.E.) began in the Sumter County Sheriff’s Office (S.C.S.O.) where it was learned that the target of the allegation was a Sheriff’s Deputy. The information was then turned over to F.D.L.E. according to reports. The timeline of this alleged transfer of the investigation will certainly be a source of discussion during the defense of this case, as both the family of the victim and the defendant may have been unduly prejudiced by the S.C.S.O. being involved at any level.

The Deputy was taken into custody with no bond. The Sheriff’s office has reportedly suspended the officer as well. It is unknown at this time if the local State Attorney’s Office will handle this file or if it will be turned over to an outside SAO. Most cases involving local law enforcement are handled by outside prosecutors.

Published on: March 17, 2009

Pinellas County Cyber Crimes Lawyer News Update: St. Petersburg Man Arrested for Internet Child Pornography

by Whittel & Melton, LLC

Florida Attorney General’s Office announced the arrest of a Pinellas County man for possession of child pornography. This arrest was a result of a cooperative effort of the St. Petersburg’s Police Department, the Florida Attorney General’s Tampa Cyber Crime Task Force and the Central Florida Internet Crimes Against Children Task Force.
According to the news release, the man is currently charged with 10 counts of possession of child pornography (each count is an second degree felony under Florida Law) and one count of promoting the sexual performance of a child (also a second degree felony under Florida Law).
The Tampa Cyber Crime Task Force executed a warrant on the arrested man’s residence seized his computer. The legal battle in the coming months will related to how the State Attorney’s Office plans 1) to show that these images were knowingly downloaded by the defendant and maybe more importantly 2) whether or not the defendant knew that these images were on the computer.

Published on: March 16, 2009

Citrus County Criminal Defense Attorney News Update: Juvenile Corrections Officer Charged with Sex Crime

by Whittel & Melton, LLC

According to the Citrus County Chronicle, Citrus County Sheriff’s Office has arrested a 23 year-old female detention officer for allegedly performing a sex act on a 17 year-old male inmate.
Citrus County is of course no stranger to newsworthy sex crimes, as this was the location of the brutal Jessica Lunsford rape and murder several years ago. The detention officer was not taken into custody in the facility she previously worked as she was released and not asked to post a bond.

According to reports, the Citrus County Juvenile Detention officer first allegedly denied the act, but after consenting and allegedly failing a voice stress analysis, the former officer confessed to the events. The reports indicate that not only was a sex act performed, but also a personal mobile phone number was also allegedly exchanged.
Sexual Misconduct by a Correctional Employee is a felony and it is undetermined at this time if this case will be prosecuted by the Citrus County State Attorney’s Office.

Published on: November 24, 2008

Port Richey Doctor sentenced to 33 Years In Prison For Child Porn

by Whittel & Melton, LLC

The Tampa Bay is reporting that the Port Richey doctor convicted of possessing and receiving child pornography was sentenced this afternoon to 33 years and 9 months in federal prison.

The Doctor’s wife at the time was the person who alerted law enforcement to his criminal activity. She later testified against him at trial. Investigators say they found images of children as young as six on the Doctor’s office and home computers. At sentencing, family members of the Doctor testified to the Judge that they had been molested by the Doctor when they were children and that they have never been able to move on from the trauma that caused in their life.

The doctor’s medical license has been suspended indefinitely by the Florida Department of Health.

Published on: November 17, 2008

Orlando Report Shows Teachers Accused of Sex Crimes in on The Rise

by Whittel & Melton, LLC

The Orlando Sun Sentinel is reporting that at least 150 Florida teachers have been disciplined in the past three years for accusations arising from sexual misconduct with students. One concerning trend the report showed is sexual misdeeds is rising in Florida – especially among female educators.

Some of the most severe cases resulted in arrests and criminal convictions for sex offenses but the Sentinel’s review of teacher-discipline records from the Florida Department of Education found that many of the alleged misconducts did not rise to a criminal level.

Regardless of whether the teachers were criminally charged, the facts of some of these incidents are alarming. Among the “not charged” cases are allegations that a Port Orange teacher sent text messages to a boy, calling him “cutie” and “sexie”; a ninth-grade teacher in Tampa who asked a student about the color of her nipples; and an Orlando coach who used e-mail and instant messages to tell a 13-year-old girl he loved her and wanted their relationship to grow beyond friendship.

Those 150 disciplinary cases don’t include the dozens of educators who have been suspended or lost their teaching certificates since 2006 for molesting nonstudents, downloading porn at school, having sex in public and trying to pick up prostitutes. Many of the cases occurred in the South Florida and Tampa Bay areas. In Central Florida, 34 teachers were disciplined in the three-year period, including 12 from Orange County, 11 from Volusia, four from Polk, three from Seminole, three from Brevard and one in Lake.

Published on: September 16, 2008

Brooksville, FL Undercover Prostitution Sting Leads to Arrest of 32 Alleged Johns

by Whittel & Melton, LLC

The Hernando County seat Brooksville, FL was the site for the Brooksville Police Department’s most recent undercover prostitution sting. This operation, according to Kyle Martin from the Hernando Today, took in 32 arrests this week.

Arrests for Prostitution, are often the target of Motions to Dismiss or Motions to Suppress Evidence due to the Entrapment issues that arise in these scenarios. Although Entrapment defenses arise in other cases–most notably drug crimes, sex crimes and theft cases–countless prostitution cases have also been dismissed where courts have found that a particular defendant was not predisposed to commit the crime, but for the persuading and manipulation of the undercover officer.

Like DUI, Prostitution has a tiered sentencing structure for multiple convictions. For the first violation, the State Attorney can charge a misdemeanor of the second degree. For the second violation, the State Attorney can charge a misdemeanor of the first degree, and for a third or subsequent violation, the State Attorney can charge a third degree felony.

Published on: September 15, 2008

Ocala Man Sentenced to Life in Florida Prison for Rape

by Whittel & Melton, LLC

Despite the Marion County State Attorney’s Office offering forty years Florida State Prison and the defendant’s Florida Felony Score Sheet permitting a lower sentence of eleven years, a Circuit Judge in Ocala sentenced a man to life imprisonment this past week.

Under the advice of the assigned Public Defender to his case, the defendant who was charged with burglary, sexual battery and theft chose to “plea open” to the court with no specific resolution agreed to– apparently hoping for a lenient sentence from the court. Often times the court will look to the Florida Felony Score Sheet for guidance in this type of situation. Prosecutors use the formula in score sheets to determine whether a person’s charge and criminal history requires the court to impose prison time, the amount of prison time or to determine if jail or probation is allowed by law. But as this man and his Public Defender found, the score sheet was merely the start of the process. Although the score sheet in this case permitted a prison sentence of eleven years, it also permitted life. The judge chose to sentence life in prison.