Sex Offenses Helping Good People Through Difficult Situations

Defense Against Your Sex Crime Charges

Sex Crime Defense Lawyer in St. Petersburg

If you or a loved one have been arrested and/or charged with a sex crime it is imperative that you retain the assistance of a experienced legal professional as soon as possible. At The Kilfin Law Firm, P.C., we represent persons charged with sex crimes throughout the Tampa Bay area.

Attorney Donald J. Kilfin has handled countless sex crime cases as both a Pinellas county state prosecutor and criminal defense attorney, including:

Capital Sexual Battery
Lewd and Lascivious Molestation,
Lewd and Lascivious Exhibition
Unlawful Sexual Activity with a Minor

A conviction for a sexual offense carries extremely harsh penalties, including lengthy prison sentences, extended periods of intensive probation and, as a collateral consequence of the plea, a sex offender registration requirement that, in all likelihood, will remain in effect for the rest of the person's life.

What follows is a brief overview of the more common sex offenses in the state of Florida and their corresponding penalty provisions. The listed penalty provisions include the maximum sentences allowed by law. The minimum incarcerative sentence is determined by Florida's sentencing guidelines (except Capital Sexual Battery) and most sexual offenses in Florida will score mandatory imprisonment. For more information, see the Sentencing section of our website. Also, a conviction for most sexually related or sexually motivated offenses in Florida will require the person to register as a sex offender as a collateral consequence of the plea. This requirement will apply even if adjudication is withheld.

Sexual Battery

In Florida, sexual battery is defined as "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.

A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than that 12 years of age, commits a capital felony. This means that the person is sentenced to life in prison and will never be released. If, at the time the crime is committed, the defendant is less than 18 years of age, he or she commits a life felony.

A person who commits a sexual battery upon a person 12 years of age or older without that person's consent, and in the process thereof, uses or threatens to use a deadly weapon, or uses actual physical force likely to cause serious personal injury, commits a life felony.

A person who commits a sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree:

When the victim is physically helpless to resist;
When the offender coerces the victim to submit by threatening to use force or violence;
When the offender coerces the victim by threatening to retaliate against the victim or any other person;
When the offender, without consent, administers a narcotic or intoxicating substance which mentally or physically incapacitates the victim.
When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact;
When the victim is physically incapacitated.

A felony of the first degree is punishable by up to thirty years in state prison.

A person who commits a sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury, commits felony of the second degree. A second-degree felony is punishable by up to fifteen years in prison.

Unlawful Sexual Activity with Certain Minors

A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree. Sexual activity means oral, anal or vaginal penetration by, or union with, the sexual organ of another.

Lewd or Lascivious Offenses

It should be noted that a victim's consent is not a defense to any of the crimes proscribed in this subsection. Also, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense in a prosecution for any offense listed under this subsection.

Lewd or Lascivious Battery

A person who engages in sexual activity with a person 12 years of age or older but less than 16 years of age or encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits a lewd or lascivious battery, a second degree felony.

Lewd or Lascivious Molestation

A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits a lewd or lascivious molestation.

An offender 18 years of age or older who commits a lewd or lascivious molestation against a victim less than 12 years of age commits a life felony.

An offender less than 18 years of age who commits a lewd or lascivious molestation against a victim less than 12 years of age, or an offender 18 years of age or older who commits a lewd or lascivious molestation against a victim 12 years of age or older, but less than 16 years of age commits a felony of the second degree.

An offender less than 18 years of age who commits a lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree. A third degree felony is punishable by up to five years in state prison.

Lewd or Lascivious Conduct

A person who intentionally touches a person under 16 years of age in a lewd or lascivious manner, or solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct.

An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree. An offender less than 18 years of age who commits a lewd or lascivious conduct commits a felony of the third degree.

Lewd or Lascivious Exhibition

A person who intentionally masturbates, intentionally exposes the genitals in a lewd or lascivious manner, or intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree.

An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree.

As with all criminal matters, the sooner an experienced defense attorney can begin advocating on your behalf, the better chance you have at attaining a more favorable outcome. We are available to discuss your matter during normal business hours, and evening and weekend appointments are always available.

If you have been charged with a sex crime in the Tampa Bay area, it is imperative that you contact The Kilfin Law Firm, P.C. Law Firm, P.C. to schedule a consultation at our office as soon as possible.

Continue Reading Read Less

Why Choose The Kilfin Law Firm, P.C.?

Selected for Inclusion in the List of Super Lawyers ® Rising Stars ℠
Recognized by the National Trial Lawyers Top 100 Trial Lawyers, 2013-2017
NACA - Top 10 Under 40

Superb 10/10 Avvo Rating
AV Preeminent Rating by Martindale Hubbell for Highest Level of Professional Excellence, 2017
Recognized as one of the Top 100 DUI lawyers in Central FL by the NAFDD, 2014-2017

Helping Good People Through Difficult Situations

Put my well-rounded trial experience and skills on your side.

Read My Profile
Take Advantage of Client Solutions

We provide helpful information about the different solutions available to you, from pre-trial diversion to trial.

View Resources
Your First Meeting with My Firm is Free

We offer a complimentary consultation, which can be completed in-person or over the phone.

Request Consultation

Client Reviews

Real People. Real Reviews.

"Best of the best!"
From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!

- Michelle
"The light on my families darkest days"
Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND

- Jaroy
"value"
Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion

- Teresa
"Appreciative beyond words"
Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.

- Happy client
"The Best of The Best. As loyal they come"
Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.

- James J Mullan
"Trust & Respect; Donnie is all you Need"
From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.

- Richard M
"A " Stellar Gentleman" that's the only way to describe Donnie Kilfin..."
"Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.

- Matthew C,
"Donnie is the Best!"
10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.

- DB

View All Reviews

Need Legal Help?

Contact me today to receive your free initial consultation.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from The Kilfin Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy