Sex Crimes - Terms
Florida Statute 827.03 defines child abuse as the intentional infliction of physical or mental injury upon a child. A deliberate act that could reasonably be expected to result in physical or mental injury to a child; or active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. In Florida, child abuse offenses are not taken lightly. To illustrate the severity of this point, first time offenders will be sentenced to jail time if found guilty. For an offense like this, time is of the essence to act. The most prudent thing to do is call the Law Offices of Mark Eiglarsh to speak with an experienced Miami criminal defense lawyer, who has over two decades of experience, about your situation.- Back to Areas of Practice
Child enticement is considered to be an all-encompassing term, which includes but not limited to child pornography, kidnapping, and prostitution. Florida Statute 787.025 states that a person 18 years of age or older who purposely lures or entices, or attempts to lure or entice, a minor under the age of 12 into a building, home, or conveyance (any automobile, boat, railroad car, aircraft, or RV) for other than a lawful purpose commits a misdemeanor of the first degree, which incurs a fine of up to $1,000, up to one year in jail, or both; second and subsequent convictions are third degree felonies, which incur a fine of up to $5,000, and or up to five years in prison.
If you have been accused of this crime, you should speak with an experienced Miami criminal defense attorney at your earliest convenience to learn about your rights and the defenses that may be available to you. call the Law Offices of Mark Eiglarsh to speak with an experienced Miami criminal defense lawyer about your situation.- Back to Areas of Practice
Sexual Exploitation of a Minor
The sexual exploitation of a child is defined under Florida Statute 39.01(67)(g), which states that the sexual exploitation of a child includes the act of a child offering to engage in or engaging in prostitution, or allowing, encouraging, or forcing a child to:
Solicit for or engage in prostitution, Engage in a sexual performance (any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.),Or participate in the trade of sex trafficking. The Law Offices of Mark Eiglarsh can help fight for your rights!
Child exploitation is a serious offense with major consequences attached if the defendant is found guilty. Punishments can result in a few years in prison to a lifetime served behind bars with no chance of parole. In addition, mandatory counseling and registration as a sexual offender, predator or both is required. Many times these charges can be lessened or even dropped completely with the help of an expert Miami criminal defense attorney. call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you.- Back to Areas of Practice
Child molestation means conduct relating to sexual battery, lewd or lascivious offenses, or computer pornography when committed against a person who is 16 years old or younger. § 794.011, Fla. Stat. Ann., § 800.04, Fla. Stat. Ann.
If you have been arrested and charged with the crime of sexual abuse or molestation of a child, then you could face exceedingly harsh penalties for conviction of this crime. It is crucially important that you have skilled Miami criminal defense attorneys on your side that can help you to effectively pursue the defense of your case that you need. A skilled Miami criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with the representation that you need to effectively defend your legal rights!- Back to Areas of Practice
Child pornography is one of the most serious offenses a person can face. Florida Statute 827.071 (5)(a) states that it is unlawful for a person to knowingly possess a photo, motion picture, exhibition, or other presentation that, in whole or in part, he/she knows to include any sexual conduct by a child. This unlawful act is a felony of the 3rd degree punishable with imprisonment of at least 5 years.
If you have been charged with a child pornography, or are under investigation for a linked crime, it is important to contact an experienced attorney as quickly as possible. You need an experienced Miami criminal defense attorney. Do not delay. If you or someone you know is facing possession of child pornography charges call the Law Offices of Mark Eiglarsh.- Back to Areas of Practice
Date rape is usually defined as nonconsensual sexual activity between two individuals who have had a previous relationship of some kind. A “relationship” would refer to a relative, close friend, co-worker, classmate, or a merely a casual acquaintance. The definition of “date rape” is usually used interchangeably with “acquaintance rape”, however both terms have slightly different meanings depending on the jurisdiction. For example, if acquaintance rape is defined as any rape where the victim and attacker (relative, close friend, co-worker, classmate, or a casual acquaintance) knew each other prior to the assault; then date rape would be defined as the nonconsensual sexual activity between the victim and attacker who are involved in an ongoing romantic relationship or considering starting one.
It is important that your attorney understands the rape charges against you. If you have been charged with date rape or acquaintance rape, you need to contact an experienced Miami criminal defense attorney immediately. Prison sentences can vary anywhere from 7 years to 30 years with no parole. You might also face heavy fines and mandatory registration as a sex offender, sexual predator, or both. Do not delay. If you or someone you know is facing date rape charges call the Law Offices of Mark Eiglarsh.- Back to Areas of Practice
Florida Statute 800.03 states that It is unlawful to expose or exhibit one's sexual organs in public or on the private properties of another, or so near thereto as to be seen from such private properties, in a vulgar or indecent way, or to be nude in public except in any place provided or set apart for that purpose. Indecent exposure is considered a misdemeanor of the 1st degree in Florida, and is punishable with prison time not exceeding 1 year or a fine up to $1,000, and or possibly both.
Do not take this charge lightly and contact the Law Offices of Mark Eiglarsh.- Back to Areas of Practice
Florida Statute 800.04(4) defines lewd conduct as 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 tempts any individual less than 16 years of age to involve in sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, which is imprisonment not exceeding 15 years. Any sexual act may include the touching of a child’s buttocks.
Early representation in lewd conduct cases is crucial. If you or someone you know has been charged with lewd conduct, you need to contact the Law Offices of Mark Eiglarsh.- Back to Areas of Practice
Have you or someone you know been accused of sexual battery in the state of Florida? The Law Offices of Mark Eiglarsh can prepare the best defense for you based upon the charges and evidence brought against you by a state prosecutor. Florida Statute 794.011 defines Sexual Battery as oral, anal, or vaginal penetration by the sexual organ of another individual or the anal or vaginal penetration of another individual by any other object. Sexual battery is a sweeping term that covers:
- Statutory rape
- Date rape
- Child molestation
- Child sexual abuse
If convicted, you will be facing a maximum sentence of life in prison or a minimum sentence of nine years and having to register as both a sexual predator and offender for the rest of your life. However, if you are convicted of sexual battery upon a person who is 12 years of age or younger, you have committed a capital felony, punishable as life in prison and ineligible for parole.
You need an experienced Miami criminal defense attorney at your side. Keep in mind; this offense could affect your career, choice of residence, and most importantly your relationships. If you or someone you know have been accused of or charged with sexual battery then you need to contact the Offices of Mark Eiglarsh to have a reliable and skilled sex crimes attorney on your side!- Back to Areas of Practice
Florida defines Prostitution as the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses. In Florida, prostitution is not taken lightly. It is a misdemeanor of the second degree for a first violation and a misdemeanor of the first degree for a second or subsequent violation to aid, abet, or participate in the doing of any of the acts that are or relating to prostitution. A third or subsequent violation is a third-degree felony. An individual convicted of a third-degree felony could be offered admission to an intervention program. Most importantly, if any offense brought against you entails a minor participating in prostitution, the crime is punishable by up to 15 years in prison.
If you or someone you know have been accused of or charged with prostitution then you need to contact the Offices of Mark Eiglarsh to have a reliable and skilled sex crimes attorney on your side. Don’t delay in contacting an experienced Miami sex crimes attorney!- Back to Areas of Practice
Statutory Rape is defined as a person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age. This is a second-degree felony. Statutory rape is considered a strict liability crime, which means a defendant is not entitled to a jury instruction requiring proof that he knew the victim's age and acted with criminal intent, thus ignorance, misrepresentation, nor a bona fide belief as to age is not a defense. If convicted of statutory rape, the minimum prison sentence is 5 ½ years or a maximum of 15 years with eligibility of parole, and the defendant could possibly face registration as a sexual offender for life.
The Law Offices of Mark Eiglarsh can assist you with your charges and point you in the right direction. If you or a loved one has been charged with statutory rape, do not hesitate to call our office to obtain a reliable and skilled Miami sex crimes attorney on your side.- Back to Areas of Practice
Child Procurement Florida Statute 796.03 defines procurement of persons under the age of 18 as:
An individual who procures for prostitution, or instigates to be prostituted, any individual who is under the age of 18 years. This is a felony of the second degree.
If you or a loved one has been charged with child procurement, do not hesitate to call the Law Offices of Mark Eiglarsh to obtain a reliable and skilled Miami sex crimes attorney on your side.- Back to Areas of Practice
Failure to Register
Under Florida statute 943.0435, or the “Sexual Offender Registration Act”, a sexual offender who does not conform with the registration requirements of the statute commits a third degree felony, which is either a prison sentence not exceeding 5 years, a $5,000 fine or both. Contact the Law Offices of Mark Eiglarsh immediately so we can guide you and explain all the requirements and deadlines imposed on you. A lack of understanding or confusion is not a defense.- Back to Areas of Practice
Internet Sex Crimes
“To Catch a Predator” has helped shine a light to the dangers of Internet sex crimes. Today, social networking sites have changed the way Americans communicate, share ideas, and learn information. Social networking sites have also changed the way for predators to prey on minors. Internet sex charges are serious, and can lead to severe consequences, including prison, mandatory sex offender registration and the loss of your professional license. If you or someone you know have been charged with an Internet sex crime, do not hesitate to get an experienced Miami sex crime attorney involved. Contact the Law Offices of Mark Eiglarsh immediately to begin your defense!- Back to Areas of Practice
Sexual assault is defined an attack of a sexual nature brought forth by one person onto another. Sexual assault, much like sexual battery, is an all-encompassing term, which covers:
- Statutory rape
- Inappropriate touching
- Date rape
- Child molestation
- Child sexual abuse
- Forced kissing
- Forced sexual intercourse
- Sexual torture
If you or someone you know have been accused of sexual assault you need to contact a skilled Miami sex crimes attorney to be by your side before dealing with law enforcement. Call the Law Offices of Mark Eiglarsh and see how we can put our legal expertise to work for you.- Back to Areas of Practice