May 4, 2011
Panama City, Florida Sex Crimes Defense Attorney :: Bay County, FL Boy Arrested for Sex with a Child under 12-Years-Old
Bay County Sheriff’s deputies have arrested a 15-year-old juvenile on a charge of lewd and lascivious molestation of a child under the age of 12. Police reports show that the victim supposedly shared that she was forced to have sex with the boy about 15 times to her school principal.
The victim told the Bay County Sheriff’s Office that the boy would take her to the woods to feed and water pet dogs and use that time alone to allegedly force her to have sex with him. Investigators said that the boy was contacted and confessed that he had sex with the victim once a week over the course of two years.
The penalties in Florida for lewd and lascivious molestation fluctuate based upon the age of the offender and whether the victim was over the age of 12. It is a life felony for any person over the age of 18 to commit lewd and lascivious molestation on a child under 12-years-old. Lewd and lascivious molestation is a felony of the second degree if a person over the age of 18 commits the act on a child over the age of 12, but younger than 16-years-old. It is also a second-degree felony for a person under the age of 18 to commit lewd and lascivious molestation on a child younger than 12. Lewd and lascivious molestation is a felony of the third degree when a person under the age of 18 commits the act on a child over the age of 12, but younger than 16-years-old.
The juvenile in this story faces a second-degree felony conviction punishable by a maximum of 15 years in prison and a minimum sentence of four and one-quarter years in prison. Due to mitigating circumstances in second and third degree felony cases, the court can stray from minimum penalty guidelines in Florida if it can be shown that the victim initiated or willfully participated in the sexual incident(s), the defendant needs specialized treatment for a mental disorder not associated with alcohol or substance abuse or addiction and is willing to accept treatment or if the defendant is sentenced as a youthful offender before the defendant turns 21. Any person convicted of lewd and lascivious molestation is deemed a sexual offender under the eyes of the law and is forced to comply with the sexual offender registration laws throughout Florida and the United States.
If you or someone you know has been accused of molesting a child, contact the Florida Sex Crimes Defense Lawyers online or call 1-866-608-5LAW (5529).