What is the difference between Sexual Offender and Sexual Predator?

  • On behalf of Mike G Law posted in on Monday, February 22, 2016

What is the difference between a sexual offender and a sexual predator?

Who is a sexual offender under Florida Law?

A sexual offender is an individual who has been convicted of a qualifying sexual offense in Florida or another jurisdiction; has been released from or is currently serving parole, probation, or on or after October 1, 1997. They establish or maintain a residence (permanent, temporary, or transient) in Florida and have a requirement to register or would have a requirement to register as a sexual offender in another jurisdiction; Qualifying Offenses are:

False imprisonment (F.S. 787.02), where the victim is a minor and the defendant is not the victim’s parent or guardian.

Sexual misconduct prohibited (F.S. 393.135(2)) or (F.S. 394.4593(2)).

Selling or buying of minors into sex trafficking or prostitution (former F.S. 796.035).

Kidnapping (F.S. 787.01), where the victim is a minor and the defendant is not the victim’s parent or guardian.

Luring or enticing a child (F.S. 787.025(2)(c)), where the victim is a minor and the defendant is not the victim’s parent or guardian.

Video Voyeurism of a minor (F.S. 810.145(8))

Human Trafficking (F.S. 787.06(3)(b), (d), (f), or (g) and former 787.06(h)).

Sexual battery (F.S. 794.011), excluding subsection 10.

Unlawful sexual activity with certain minors (F.S. 794.05).

Procuring a person under the age of 18 for prostitution (former F.S. 796.03).

Lewd/lascivious offense committed upon or in the presence of persons less than 16 years of age (F.S. 800.04).

Lewd/lascivious offense committed upon or in the presence of an elderly person or disabled adult (F.S. 825.1025).

Sexual performance by a child (F.S. 827.071).

Protection of minors; prohibition of certain acts in connection with obscenity (F.S. 847.0133).

Computer pornography (F.S. 847.0135), excluding subsection 6.

Transmission of child pornography by electronic device/equipment (F.S. 847.0137).

Transmission of material harmful to minors to a minor by electronic device/equipment (F.S. 847.0138).

Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct) (F.S. 847.0145).

Sexual misconduct prohibited (F.S. 916.1075(2)).

Sexual misconduct prohibited (F.S. 985.701(1)).

Or a violation of a similar law of another jurisdiction (i.e. federal, military, other state or country)

Similar requirements exist for juveniles adjudicated delinquent on or after July 1, 2007, for one of the following offenses and who were 14 years of age or older at the time of the offense:

Sexual battery (F.S. 794.011 excluding subsection 10).

Lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 800.04(4)(a)2).

Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals (F.S. 800.04(5)(c)1).

Lewd/lascivious molestation, victim under 16 but more than 12, where the court finds the use of force or coercion and unclothed genitals (F.S. 800.04(5)(d)).

Or a violation of a similar law of another jurisdiction (i.e. federal, military, other state).

Who is a sexual predator under Florida Law?

A sexual predator is a person who has been convicted of a sexually violent offense as defined in Florida Statute 775.21 (which may include offenses from another jurisdiction) AND has a written court order designating the individual a sexual predator; or

He/she is civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act AND has a written court order designating the individual as a sexual predator.

At Mike G Law we have handled thousands of cases for clients who were charged with a sex crime and the outcome, in the State of Florida, is extremely important regarding the designation of Predator or Offender.

The difference this designation makes long term in a client’s life cannot be measured and will determine a client’s capability to live within a normal society. Call our office now at 813-221-4303 for your free consultation

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