Child Molestation is the criminal act of touching a minor in a sexual manner. This conduct is criminal, and it is not limited to contact with a child’s sex organs. Touching a child beyond a reasonable boundary, such as beyond a friendly pat on the back or greeting contact, can lead to a criminal charge of Child Molestation. Often, friendly or laudatory physical contact to a minor is perceived or confused to be Child Molestation, leading to the charging of many innocent people. To prove the criminal offense of Child Molestation, the State Attorney must prove beyond a reasonable doubt that the victim was less than 18 years of age, that the criminal suspect commanded, encouraged, hired, requested, or tried to induce the victim to engage in an act which constitutes sexual battery in which the sexual organ of the criminal suspect or the victim would penetrate or have union with the anus, vagina, or mouth of the other, or that the anus or vagina of the victim would be penetrated by an object, or that the criminal suspect injured the sexual organ of the victim in an attempt to commit an act upon or with the victim in which the sexual organ of the criminal suspect or the victim would have penetrated or would have had union with the anus, vagina, or mouth of the other. It is not a criminal defense that the victim was willing to engage in an act which constitutes sexual battery or consented to engage in such criminal acts. However, any act done for bona fide medical purposes is not a sexual battery or criminal act. “Union” means contact. To prove the criminal offense of Lewd or Lascivious battery, the State Attorney must prove beyond a reasonable doubt that the victim was under the age of sixteen years, and that the criminal suspect encouraged, forced, or enticed the victim to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any act involving sexual activity. “Sexual activity” means the 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 activity does not include an act done for a bona fide medical purpose. “Union” means contact. “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. “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. Neither the victim’s lack of chastity nor victim’s consent is a defense to the crime charged. The defendant’s ignorance of victim’s age, victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of victim’s age is not a defense to the crime charged. Where a person is falsely or wrongfully charged with Child Molestation, that person should speak immediately to a criminal defense attorney to preserve the best legal defense possible.
If you have been charged with Child Molestation in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida.
Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a Miami Criminal Defense Lawyer if you have been charged with these criminal offenses.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.