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Sexual Predator vs. Sex Offender — Legal Definitions

When facing criminal charges related to a sex offense it is important to understand a person must register as a sex offender if they were convicted of a qualifying offense under Florida Statutes. The qualifying offenses are sexually motivated or a sexually violent offense:

  1. Kidnapping (F.S. 787.01), where the victim is a minor and the defendant is not the victim’s parent or guardian.
  2. False imprisonment (F.S. 787.02), where the victim is a minor and the defendant is not the victim’s parent or guardian.
  3. 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.
  4. Human Trafficking (F.S. 787.06(3)(b), (d), (f), (g) or (h).
  5. Sexual battery (F.S. 794.011), excluding subsection 10.
  6. Unlawful sexual activity with certain minors (F.S. 794.05).
  7. Procuring a person under the age of 18 for prostitution (F.S. 796.03).
  8. Selling or buying of minors into sex trafficking or prostitution (F.S. 796.035).
  9. Lewd/lascivious offense committed upon or in the presence of persons less than 16 years of age (F.S. 800.04).
  10. Video voyeurism of a minor (F.S. 810.145(8))
  11. Lewd/lascivious offense committed upon or in the presence of an elderly person or disabled adult (F.S. 825.1025).
  12. Sexual performance by a child (F.S. 827.071).
  13. Protection of minors; prohibition of certain acts in connection with obscenity (F.S. 847.0133).
  14. Computer pornography (F.S. 847.0135), excluding subsection 6.
  15. Transmission of child pornography by electronic device/equipment (F.S. 847.0137).
  16. Transmission of material harmful to minors to a minor by electronic device/equipment (F.S. 847.0138).
  17. Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct) (F.S. 847.0145).
  18. Sexual misconduct prohibited (F.S. 985.701(1)).
  19. Or a violation of a similar law of another jurisdiction (i.e. federal, military, other state or country);

Additionally, a person adjudicated delinquent, or in the juvenile system, on or after July 1, 2007 for:

  1. Sexual battery (F.S. 794.011) excluding subsection 10.
  2. 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)(b)).
  3. Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals (F.S. 800.04(5)(c) 1).
  4. 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)).

A sexual predator is a person who has been convicted of a sexually violent offense as defined in Florida Statute 775.21 and there is a written court order designating that person a sexual predator or the offender has been civilly committed under the Jimmy Ryce Sexually Violent Predator Act and has a written court order designating the individual as a sexual predator.

An understanding of the registration requirements as well as the impact of the sex offender and sex predator designation are important. At Moses and Rooth Attorneys at Law we handle sex crimes throughout Florida.