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Sexual cyberharassment is when a person willfully and maliciously publishes a sexually explicit photo or video of another person, along with personal identifying information, without their consent, with the intent of causing the person emotional distress.

The sexually explicit messages are often made consensually, but were not intended to be disseminated to others or publicly.

The images could be posted to social media sites, to a website or through email or text message.

Penalties for Sexual Cyberharassment

If it is the first offense, the penalty is a First Degree Misdemeanor, punishable by up to one year in jail, one year of probation and $1,000 in fines.

If it is the second offense, it is a Third Degree Felony, punishable by up to five years in prison, five years of probation, $5,000 in fines and 60 days of vehicle impoundment or immobilization.

A judge is required to sentence an individual convicted of Second Offense Sexual Cyberharassment to a minimum 10 days in jail.

Defenses for Sexual Cyberharassment:

• Anonymity: It is unlawful to publish sexually explicit images or videos that identify the person. But, if the person cannot be identified in the photo or if there is no information about the individual in the post, it does not constitute Sexual Cyberharassment.
• Consent: If it can be proven that the individual did indeed consent to their photo or video being distributed or shared, it does not constitute Sexual Cyberharassment.
• Legitimate Publication: If the image was used in a publication for a medical purpose, it would not be considered Sexual Cyberharassment. This could also apply to an artistic publication.

If you have been arrested or charged with Sexual Cyberharassment, contact Daniel Izquierdo today.

Have You Been Accused of Domestic Violence in Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

These terms can be used interchangeably by accusers, police officers, and even lawyers. However, in an official legal context, you will not see the word “rape” used in Florida. While your accuser and even the law enforcement officers you deal with may use the term, the legal charge will be sexual battery. We take a look at this charge and why you need to hire a criminal defense attorney to defend you if you are accused of sexual battery.

What Falls Under a Sexual Battery Criminal Charge?

To answer this question, it is necessary to use the language as it appears in the state statute, which is necessarily graphic. In Florida, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or…by any other object, without the other party’s consent or capacity to provide consent.” In other states, and under federal law, the term for this crime is rape. Make no mistake; if you are charged with sexual battery in Florida, that means you are being charged with rape, and you will face serious penalties. This is a felony offense and should be taken seriously. If convicted of sexual battery, you face:

• Life in prison without parole or the death penalty if you are over 18 and the victim is under 12
• 30 years to life in prison if you are under 18 and the victim is under 12
• Up to 15 years in prison if the victim is 12 or older
• Up to 30 years in prison if the victim is 12 or older, and the crime included threats or coercive acts, or the victim was physically incapacitated
• 30 years to life in prison if you used a deadly weapon or physical force likely to cause serious bodily injury
• Anyone convicted of sexual battery in Florida will be required to register as a sex offender.

A possible defense to a sexual battery charge is to argue that the accuser provided consent. Under the statute, consent is defined as “intelligent, knowing, and voluntary, 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.” If you believe you had consensual sex with a partner who later accuses you of sexual battery, you will need an experienced sex crimes defense attorney to make this argument in court.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

As the saying goes, you get what you pay for. The more money you invest in a phone, car, or new suit, the better the quality you will get, and the happier you are going to be with it. Unfortunately, this is also true of our criminal justice system. When you are charged with something as serious as a sex crime, you want to hire the best attorney you can afford.

If You Cannot Afford an Attorney, One Will Be Provided for You

You should have heard these words as part of your Miranda rights when you were arrested. What it means is that the state will provide you with a defense attorney—known as a public defender—if you do not have the money to hire one yourself. This is an important right and one you should fully exercise if you do not have the money to hire an attorney. However, if you do have personal resources, you will not have the option of using a public defender. You will have to hire a private attorney.

Advantages of Hiring a Private Attorney

Public defenders are hard-working attorneys who do their best for their clients—there is no question about it. However, their caseloads are big and they are not able to spend a lot of time on each case. While they do often have good relationships with judges and prosecutors and may be able to secure quick plea deals, they simply don’t have the resources private attorneys have to build a strong defense. When you hire a private defense attorney, on the other hand, you will find that he is:

Available When You Need Him 

Private attorneys build their businesses on being responsive to clients, so they will make an effort to answer your phone calls and meet with you when you request it.

Backed Up By Staff For Additional Support 

Private criminal defense law firms have the resources to hire office staff who can answer questions and help clients when the attorney is not available.

Free To Limit His Caseload

Unlike public defenders who have no say in how many cases they get, a private attorney will only take as many cases as he can manage. This way, he can devote more time to each client.

Concerned About Outcomes 

Private attorneys get new clients primarily by word of mouth. If they continually plead cases out and rarely get acquittals, they will not get new clients. Winning for his clients is essential to a successful practice.

Unlike a public defender, who is simply assigned to you, you have options when choosing a private attorney. Ask people you trust for recommendations and take the time to ask potential attorneys questions about their firm.

Are You Need Of A Florida Sex Crimes Defense Attorney?

If you’ve been accused of a sex crime in Florida you need to speak with an experienced sex crime defense lawyer as soon as possible. Contact me online or call my Miami office at 305.707.7345 today. We will discuss options for your defense and do everything we can to protect your rights and fight the charges.

If you have been charged with sexual misconduct in Florida, you might not think it’s that big a deal. After all, how could “misconduct” be as serious as something like rape or child pornography? However, not taking this charge seriously could be a big mistake that could impact your family and your future. As a sex offense, sexual misconduct carries penalties that could haunt you for many years to come.

Why Am I Being Charged With Sexual Misconduct?

Florida and most other states criminalize sexual conduct between a person in a position of power and someone who is subordinate to him. When there is an imbalance of power, the law assumes that the person in the inferior position is not capable of freely consenting to sexual activity and therefore the sexual relationship is forced or coerced, which is a crime. Examples of relationships with an imbalance of power include the following:

• Employer and employee
• Doctor and patient
• Correctional officer and inmate
• Caretaker and disabled adult
• Teacher and adult student

Even if you believed your sexual relationship to be consensual, you could be arrested for sexual misconduct if you get involved with a subordinate and he or she decides to press charges. If you try to convince the accuser to drop the charges, you could be digging yourself an even deeper hole.

Why You Should Take the Charge Seriously

A conviction of any type of sex crime, including sexual misconduct, can land you on the Florida sex offender registry. This list is available to the public, so there will be no way to keep your criminal history private. Being on the registry will restrict where you can live and will probably cost you your job.

A skilled defense attorney can build several possible defenses to a sexual misconduct charge, including offering proof of consent in order to reduce the charges and keep you off the sex offender registry.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.