Accused Of Luring In Florida? Consult Skilled Defense Attorneys Today!
If you're facing luring charges in Florida, don't face the legal complexities of your alleged sex crimes offense alone. Our seasoned criminal defense lawyers at The Watson Firm, PLLC, are dedicated to protecting your rights and future. With potentially serious consequences at stake, obtaining skilled legal representation from knowledgeable criminal defense attorneys is crucial.
Contact our sex crimes lawyer team now at (850) 607-2929 to schedule a consultation and take the first step towards building a robust defense. Our experienced attorneys are prepared to stand by your side and help you to navigate through the legal process of defending against luring charges. For your convenience, you can also connect with our sex crime legal team online by clicking here.
Below, we're focusing on Florida's law regarding luring or enticing a child under the age of 12, which can be found under Florida Statutes Section 025.
Defining The Key Terms
To fully grasp what this law entails, let's first clarify some critical terms:
Structure
This refers to any type of building, either temporary or permanent, that has a roof over it.
Dwelling
This term refers to any kind of building or conveyance (moving object) designed to house people overnight. It can be mobile or immobile.
Conveyance
This term encompasses a broad range of vehicles, including motor vehicles, ships, vessels, railroad cars, trailers, aircraft, or sleeping cars.
The Law And Its Implications
Understanding the nuances of the law is the first step towards navigating potential legal troubles. In Florida, if you are 18 years or older and you intentionally tempt – or attempt to tempt – a child who has not yet reached the age of 12 somewhere for an unlawful purpose, you are committing a first-degree misdemeanor. This is a serious offense, which can result in a year in jail, a year of probation, and a $1,000 fine as per sections 775.082 and 775.083 of the Florida Statutes.
The stakes rise considerably if you've previously been found guilty of the same offense. If this is the case, your actions are considered a third-degree felony. This could mean facing up to 5 years in prison, 5 years of probation, and a fine of up to $5,000. The same escalation applies if you've been previously convicted of specific sexual offenses, even if those offenses were committed under the jurisdiction of another state. The high-stakes nature of your luring case makes it all the more important that you consult with our experienced criminal defense attorney team about your rights and options.
Defenses
The Florida law on luring or enticing a child also outlines certain conditions that could serve as a defense if you are charged under this statute. These defenses, however, need to be proven in court and will almost certainly require the assistance of a skilled criminal defense lawyer to effectively present them. They include:
Necessity To Prevent Harm
The first potential defense applies if you reasonably believed that your actions were necessary to prevent the child from suffering serious harm. This situation might arise in emergency scenarios where immediate action is required to protect the child from a clear and present danger.
Lawful Purpose
The second defense applies if you brought the child into a structure, dwelling, or conveyance for a lawful purpose. This might be applicable in professional contexts where your job or role necessitates directing children into specific areas or vehicles. Examples could include school teachers guiding students into a classroom, or a bus driver encouraging kids to board a school bus.
Reasonable Actions And Absence Of Harmful Intent
The final defense is based on the reasonableness of your actions under the circumstances, and the absence of intent to harm the child's health, safety, or welfare. This defense might apply if you can demonstrate that you had no harmful intentions and your actions were rational and appropriate considering the specific situation.
Frequently Asked Questions About Florida's Luring Or Enticing A Child Law
What Does 'Luring Or Enticing A Child' Mean?
This refers to the act of intentionally attempting to persuade or attract a child under 12 into a building, vehicle, or other dwelling, for purposes that are not lawful. These offenses are often classified as sex crimes.
What Qualifies As A Structure, Dwelling, Or Conveyance?
A structure is any kind of building, be it temporary or permanent, that has a roof over it. A dwelling includes any building or moving object designed for people to stay in overnight, while a conveyance refers to any type of vehicle, like cars, ships, vessels, railroad cars, trailers, aircraft, or sleeping cars.
What Is The Penalty For Luring Or Enticing A Child In Florida?
If you're 18 or older and found guilty of this offense for the first time, it's considered a first-degree misdemeanor. This can result in up to one year in jail, a year of probation, and a fine up to $1,000. If you've previously been convicted of the same crime, the charges escalate to a third-degree felony, which can lead to up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
Can There Be Legal Defenses Against This Charge?
Yes, there are certain conditions under which you might have a defense. These include if you reasonably believed your actions were necessary to prevent the child from serious injury, if you lured the child for a lawful purpose, or if your actions were reasonable given the circumstances and you didn't intend to harm the child.
If I've Been Convicted Of A Similar Crime In Another State, Can It Affect Charges In Florida?
Yes, previous convictions for similar offenses in other jurisdictions can influence the severity of the charges in Florida. Specifically, if you've been previously convicted of certain sexual offenses, the charge escalates to a third-degree felony in Florida, even if the previous conviction was in another state.
Facing Luring Charges In Florida? Protect Your Future With Experienced Criminal Defense Lawyers!
If you or someone you know is confronted with luring charges in Florida, don't leave your future to chance. The consequences of such allegations can be severe, impacting your personal and professional life for years to come. At The Watson Firm, PLLC, our dedicated team of Florida criminal defense lawyers is here to provide you with unwavering legal support and strategic advocacy. With years of experience defending clients in similar cases, our sex crimes attorneys possess the knowledge and skills to protect your rights effectively.
Take the first step towards safeguarding your future by contacting our criminal defense lawyers today at (850) 607-2929. Don't let the uncertainty of the legal system overwhelm you – our attorneys are ready to guide you through the process. If you prefer, you can also reach out to our sex crimes lawyers online by clicking here.