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Florida Sex Crimes Law 2022

Most but not all sexual offense crimes in Okaloosa County fall under sections 775 through 896 of the Florida Statutes. As you can see, this is a very large section yet does not include exceedingly rare sex offenses such as with animals or dead human bodies. 

Each section will have an introductory paragraph and the link is to the statute itself. Links to the Defenses and Mitigation to Okaloosa County Sex Offense Prosecutions will be at the end of each section:

Kidnapping, False Imprisonment and Human Trafficking: Florida Statute 787 

This section has a total of eight subsections and most of these are rarely prosecuted as sexual offense crimes in Okaloosa County. For example, kidnapping, false imprisonment, and interference with custody may be part of a sex crimes prosecution but are usually non-sexual in nature. Enticing a child may or may not be a sex crime, but sub-section (c) directly addresses enticement where the defendant has a previous conviction for a sexual offense.

Sexual Battery: Florida Statute 794 

Florida does not have a “rape” law. Rape is actually a legal concept from Common Law and was actually a property crime as women were the property of their fathers and then their husbands. Florida redefines this sex crime as sexual battery. This section has twenty (20) separate sub-sections and the most important in my mind is the section on the rules of evidence. In Okaloosa County, most sexual battery prosecutions are done through a special prosecution unit in Niceville, Florida, known as the Children’s Advocacy Center. This special prosecution unit handles sex crimes, non-sex crimes against children, and crimes against the elderly. The CAC also handles some but not all sex crimes in Walton County.

Prostitution: Florida Statute 796

Decades ago, there were far more prosecutions in Okaloosa County for solicitation of prostitution than there are now. Some say societal morals have changed while others contend the ambiguous nature of sugar dating is to blame. Both are factors but I think there are other forces at play which are more impacting: 1) outside of a carefully choreographed re-election campaign sting operation, proof problems abound – was the money for sex or companionship? Was objective or subjective entrapment involved? 2) should the financial and human resources to fight sex crimes be used for second-degree prostitution misdemeanors or should the Okaloosa County sex crimes prosecutors use scarce resources under this section for the felony forcing, compelling or coercion to engage in prostitution under Florida Statute 796.04 or profiteering from prostitution under Florida Statute 796.05?

Abortion: Florida Statute 797

Until 2022 when every woman in America able to get pregnant had a multi-decade constitutional right stripped away by the United States Supreme Court, this statute was completely unused in Florida. I fully expect a great deal of criminal litigation and am currently drafting both constitutional and statutory legislation for consideration that both protects a woman’s right to abortion, and provides voter-approved civil political sexual predator lifetime imprisonment for legislators, executive,s and jurists who have stripped away this fundamental right, along with forfeiture of all assets by the political sexual predators who did so, especially financial donors. Since Florida is a death penalty state, political sexual predator civil commitment trials may also consider the inclusion of the death penalty. While personally opposed to the death penalty, it should be noted that Adolph Hitler wrote Mein Kampf while in prison. Thus there is a strong argument for putting the most dangerous political sexual predators to death after asset confiscation.

Adultery; Lewd and lascivious behavior: Florida Statute 798


This statute has two sections, one prohibiting adultery and the other prohibiting undefined “lewd and lascivious” behavior – even between married people. “[T]his statute remains on the books and appears in essentially the same language as when it was first adopted in 1868.” State v. Coyle, 718 So.2d 218 (Fla. App. 1998)” Historically, this was used to harass people on probation such as in the Miller case from 1988, interracial relationships, I would note that this case was decided by the First District Court of Appeals, which oversees Okaloosa County appeals, and the criminalization of living with an unmarried person was upheld: your right to live unmarried with your partner is a single judicial decision away from being snatched away from you like your rights to birth control and abortion were stolen in the Dobbs decision by the United States Supreme Court.

Lewd or Lascivious Acts, Molestation, Conduct; Indecent Exposure: Florida Statute 800

Virtually all physical contact allegation cases in Okaloosa County fall under this statute when they involve minors legally unable to give consent to sexual encounters. This is also a statute where you most clearly see how Florida sexual offense law has evolved through time from racist and religious preoccupation-motivated criminalization to one that is slightly more victim-centered. However, the vast majority of government funding goes to enslavement instead of prevention or victim restitution. This is a recurrent defect in Florida Criminal Law.

Public Nuisances: Florida Statute 823

This is Florida’s version of a “house of ill repute” law. So, right up there with diseased pets, the Florida Right to Farm Act and smoking in elevators, your neighbors can turn you in for being a nuisance for throwing a swingers’ party in your private home where no one can see anything going on. Yes, this has happened. Right here in Okaloosa County. 

Abuse, Neglect, and Exploitation of Elderly Persons and Disable Adults: Florida Statute 825

Generally speaking, the Niceville CAC will prosecute all cases under this statute in Okaloosa County. Among the offenses listed are sex crimes against seniors and disabled adults. 

Bigamy and Incest: Florida Statute 826

Strange as it may sound, both bigamy and incest are sex crimes as both are presumptive of marriage and sex or marriage and/or sex (a later modification). Okaloosa County prosecutions for incest are exceedingly rare given the rarity of the offense and the numerous other statutes available to prosecutors. Bigamy prosecutions are also rare and usually relate to errors in marriage applications. Some Okaloosa criminal defense lawyers will practice their entire career without ever coming across either of these charges. 

Abuse of Children: Florida Statute 827

This statute only has one relevant section, FSS 827.071, Sexual Performance by a Child; Child Pornography. This is a commonly prosecuted set of charges in Okaloosa County. Vast sums of government money are spent flooding the Internet with Child Pornography instead of responsibly removing every last bit of it. The political story is that this is done to catch sexual predators since the flood of child pornography is cataloged, given a unique identifier, and repurposed for the government-sponsored manufacture of perversion in flood after re-victimizing flood. Your tax dollars are flooding the Internet with child porn instead of financially compensating and caring for victims as you are reading this sentence right now.

Obscenity: Florida Statute 847

As we close this introductory section of Florida sex crimes in Okaloosa County, there are two major offenses in this statute, sections 847.0135 (computer pornography, prohibited computer usage, and traveling to meet a minor), and 847.047 (transmission of pornography by electronic device or equipment – often referred in charging documents as a felony or felonious use of a two-way communication device). These cases are heavily prosecuted in Okaloosa County and prosecutors routinely seek long prison sentences. However, they have run into problems with overcharging: it’s a weird legal situation where instead of dismissing one charge or the other, the prosecutor must elect one or the other and voluntarily dismiss one of the prohibited double charges. You just don’t find remedies like this with pretrial legal issues in non-sex offense cases. 

This concludes the introductory section on most but not all of Florida’s sex crime laws.

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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