A judge will strike a sexual predator designation only when the court file itself shows the person did not qualify, so the case is won or lost on a close reading of the judgment, the plea, and the statute in effect on the offense date. I learned to read sex crime files that way in the Major Crimes Unit, handling sex crime, homicide, and child abuse prosecutions, and I have spent more than 25 years in Hillsborough County courtrooms since. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have seen clients carry the predator label for years because no one checked whether it applied. Our attorneys review the record, file the motion, and present the legal error to the prosecutor and the court.

What is a sexual predator designation in Florida?

A sexual predator designation is a written finding by the sentencing court that a person meets the criteria of the Florida Sexual Predators Act, section 775.21, Florida Statutes. For an offense committed on or after October 1, 1993, the statute says a qualifying offender “shall be designated” a sexual predator, and the sentencing court must make a written finding at sentencing. The clerk sends the order to the Florida Department of Law Enforcement (FDLE) within 48 hours.

The designation is not part of the sentence. Florida courts treat it as a regulatory status that follows from the conviction. In Alvarez v. State, 345 So. 3d 378 (Fla. 3d DCA 2022), the defendant argued that the trial court could not enter a predator finding after sentencing while his appeal was pending. The Third District disagreed, holding that the designation is “neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes,” so the late finding did not violate double jeopardy or due process.

The registry is large. As of October 2024, FDLE’s registry listed 86,207 sexual offenders and predators, including 16,246 sexual predators, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability in its Sex Offender Registration and Monitoring Triennial Review (Report 24-11, December 2024). Only 30,907 of the people on the registry, or 36%, lived in Florida communities; the rest were confined or living outside the state. In Hillsborough County, 1,999 registrants lived in the community in 2024, the same report found.

Who qualifies as a sexual predator under Florida law?

A person convicted in Florida qualifies as a sexual predator in one of two main ways: a single conviction for a capital, life, or first-degree felony version of certain sex offenses, or a felony conviction for a listed sex offense combined with a prior qualifying conviction. The table below summarizes section 775.21(4)(a).

The gap between the first and second rows is where most mistakes happen. A first-time conviction for a second- or third-degree felony, such as a second-degree lewd or lascivious offense or unlawful sexual activity with certain minors under section 794.05, generally does not make someone a sexual predator. Those convictions usually lead to sexual offender registration instead. Our Tampa sex crimes lawyer team checks the degree of the offense, the offense date, and the prior record against the version of the statute that applied.

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

A sexual predator is designated by court order under section 775.21 and registers for life with mandatory community notification, while a sexual offender registers under section 943.0435, Florida Statutes and, in some cases, can petition for removal after 25 years. Both carry heavy reporting duties, and a failure to register is generally a third-degree felony for either.

Residence limits depend on the offense, not the label. Under section 775.215, Florida Statutes, a person convicted of sexual battery, lewd or lascivious offenses, sexual performance by a child, or certain related offenses against a victim under 16, even with adjudication withheld, may not live within 1,000 feet of a school, child care facility, park, or playground. For offenses on or after July 1, 2026, and for covered people who change their permanent residence on or after that date, public swimming pools were added to that list. For the full registration rules, see our guide to sex offender registration in Florida.

Research has questioned what those restrictions achieve. In The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?, 49 Int’l J. Offender Therapy & Comp. Criminology 168 (2005), Jill Levenson and Leo Cotter surveyed 135 sex offenders in outpatient treatment in Florida. A majority reported that the restrictions increased their isolation, forced moves, and created financial and emotional stress, and most did not believe the restrictions would reduce their chances of reoffending.

How do wrongful sexual predator designations happen?

Wrongful designations usually happen at a plea or sentencing hearing where no one compares the conviction to the statute. A form is checked, the court signs the order, and every agency after that enforces what the paper says.

1. The offense does not qualify. The conviction is a second- or third-degree felony with no qualifying prior, but the predator box is checked anyway.
2. The prior does not count. The statute requires a separate earlier conviction that was separately sentenced. Two counts sentenced on the same day are not a prior.
3. A plea negotiation overreaches. The designation is added to a plea form without analysis of whether it applies.
4. No one downstream checks. FDLE registers the person as the order directs, and probation officers supervise the terms of the judgment. Neither agency decides whether the designation was legally correct.

That last point is why these errors last. In our firm’s experience in Hillsborough County cases, a probation officer or registration deputy who suspects a mistake has no authority to fix it; only a court order changes the designation. Until a lawyer files the right motion, the label stays on the registry.

How do you remove a sexual predator designation in Florida?

You remove a wrongful sexual predator designation by filing a motion in the sentencing court showing, from the court record, that the person did not meet the statutory criteria. The Florida Supreme Court approved that route in Saintelien v. State, 990 So. 2d 494 (Fla. 2008). Saintelien had pleaded to two counts of attempted sexual battery on a child under 12 and argued that the designation went beyond his plea deal. The court held that a defendant may challenge a sexual predator designation with a rule 3.800(a) motion to correct an illegal sentence, but only “where it is apparent from the face of the record that the defendant did not meet the criteria.” Because Saintelien did meet the criteria, his motion failed.

Two things decide most of these motions. The first is the record: the judgment, the charging document, the plea form, the sentencing transcript, and certified copies of any prior conviction. If the error shows on those papers, rule 3.800(a) can be filed at any time. The second is the plea. In Kingry v. State, 28 So. 3d 173 (Fla. 1st DCA 2010), a defendant claimed he did not qualify, but the record showed he had agreed to the designation as part of his plea bargain. The First District held that because the designation is a status rather than a sentence, a defendant who accepted the benefits of the bargain could not later escape it. The Second District repeated that point in Contreras-Garcia v. State, 95 So. 3d 993 (Fla. 2d DCA 2012), noting that a defendant may agree to the designation as part of a plea even if the conviction does not qualify under the statute.

The Romeo and Juliet law covers sexual predators as well as sexual offenders. Section 943.04354 applies only to convictions under the lewd or lascivious, sexual performance by a child, or section 847.0135(5) statutes, and only when the person has no other conviction under the listed sex offense statutes. Our posts on Romeo and Juliet registry removal and on court errors in registry removal cases go deeper.

What results has our firm obtained in sexual predator designation cases?

Our firm has removed wrongful sexual predator designations for clients who lived under them for years. These results come from our firm’s published case reports.

Past results do not guarantee future outcomes. These cases also show a pattern our attorneys see often: when the legal error is laid out clearly, prosecutors in the 13th Judicial Circuit will agree to correct it, which can make a contested hearing unnecessary.

Can you avoid a sexual predator designation before sentencing?

Yes, and that is the best time to deal with it. Once a qualifying conviction exists, the statute makes the designation mandatory, so prevention happens in the charging decision and the plea. A defense lawyer can work to keep the case out of the first-degree felony range, negotiate a plea to an offense that does not qualify, and make sure the plea form and judgment say exactly what was agreed.

If you are under investigation and not yet charged, our firm’s representation before charges are filed can address the charge itself, which controls whether the designation is even possible. Our post on withheld adjudication and sex offender registration explains how a withhold of adjudication affects registration.

Frequently asked questions

Is a sexual predator designation part of my sentence in Florida?

No. Florida courts treat the designation as a regulatory status that results from the conviction, not as a sentence or punishment, as the Third District held in Alvarez v. State. The Brancato Law Firm uses that distinction when it reviews a client’s file, because it controls which motion can be filed and whether a plea agreement blocks relief.

Can a court add a sexual predator designation after sentencing?

Yes, a court can enter a predator finding after sentencing when the person meets the statutory criteria, as happened in Alvarez. Our attorneys at The Brancato Law Firm review whether a late designation actually rests on a qualifying conviction and prior record, because a late order is still subject to the same legal criteria.

Will FDLE remove the designation if I show them it is wrong?

No. FDLE registers people according to the court’s order and does not decide whether the designation was legally correct, so the fix has to come from the sentencing court. The Brancato Law Firm files the motion in the court that entered the designation and, where the error is clear, asks the State Attorney’s Office to agree to the correction.

Can a second-degree lewd or lascivious conviction make me a sexual predator?

Not by itself. Under section 775.21(4)(a), a second-degree felony on the listed statutes qualifies only when the person also has a separate prior conviction for a listed sex offense. Our sex crimes defense attorneys at The Brancato Law Firm check the degree of each conviction and the dates and sentencing of any prior before advising whether a designation can be challenged.

Does the Romeo and Juliet law apply to sexual predators?

Yes. Section 943.04354 allows a sexual predator or sexual offender to seek removal of the registration requirement if the conviction was for one of the listed offenses, the victim was 13 to 17, the person was no more than 4 years older, and registration rests solely on that conviction. The Brancato Law Firm prepares these motions with the proof of age and consent the statute and federal law require.

I was removed from the registry in another state. Do I have to register in Florida?

Possibly. Florida applies its own criteria to out-of-state convictions, so a person who no longer registers elsewhere can still be required to register here. Before moving, read our post on moving to Florida after registry removal in another state, and talk with our attorneys at The Brancato Law Firm about how FDLE is likely to classify your conviction.

Have your designation reviewed by our attorneys

Pull together your judgment and plea paperwork and call The Brancato Law Firm, P.A. at (813) 727-7159; every year under a wrongful predator label means more notifications, more registration deadlines, and more felony exposure for a missed report. Our firm was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys review the court record to tell you whether the designation can be challenged. Call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your son or daughter has been charged with a sex offense in juvenile court, the question that keeps you up at night is usually the registry. The answer is often no, but it turns on details most families never hear about until disposition. I’m the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I spent years in the Major Crimes Unit handling sex crimes and child abuse cases before leading the Hillsborough County Public Defender’s Office as its former Chief Operations Officer, where I oversaw a staff of over 100 attorneys. Our attorneys defend juvenile sex cases with one goal set from day one: keep the case off the list of offenses that trigger registration.

When does a juvenile have to register as a sex offender in Florida?

A juvenile must register only when three things are true: the child was 14 or older when the offense happened, the court adjudicated the child delinquent (rather than withholding adjudication or diverting the case), and the offense is one of the qualifying offenses in section 943.0435(1)(h)1.d., Florida Statutes. If any one of those is missing, Florida law does not require juvenile registration. Our Tampa sex crimes lawyer team starts every juvenile case by mapping the charge against that statute.

The judge must also make written findings. For every qualifying offense the court records the child’s age at the time of the offense. For lewd or lascivious offenses, the court must also record the alleged victim’s age and whether the conduct involved sexual activity, force or coercion, or unclothed genitals. Those written findings, not the label on the charge, decide registration.

Do the judge’s written findings really decide registration?

Yes. Florida appellate courts reverse registration orders when the findings do not match the statute. In M.B. v. State, 159 So. 3d 960 (Fla. 5th DCA 2015), a 14-year-old was adjudicated delinquent of four counts of lewd or lascivious molestation of children under 12, and the trial court ordered him to register anyway. The trial judge had expressly found that the touching was over clothing. The Fifth District reversed, holding that registration for that offense requires a finding of unclothed genitals, and the State conceded the error.

The same findings can be made later, which is the trap families miss. In D.S. v. State, 267 So. 3d 414 (Fla. 4th DCA 2019), a 15-year-old from Indian River County was on juvenile probation for lewd or lascivious molestation. After he violated probation, a second judge found that the molestation involved unclothed genitals and imposed registration. The Fourth District affirmed, holding that nothing in the statute limits those findings to the original disposition judge. The lesson for parents: a probation violation can reopen the registration question, so compliance with juvenile probation protects more than just the probation itself.

How many juvenile cases does the 13th Judicial Circuit handle?

The 13th Judicial Circuit, which covers Hillsborough County, had 2,472 juvenile delinquency complaints filed in fiscal year 2024-25, according to the Florida Legislature’s Office of Economic and Demographic Research Circuit 13 profile. The same report shows that 43 juveniles in the circuit were direct filed to adult court that year. Direct filing matters for registration: a teenager prosecuted as an adult faces a criminal conviction rather than a juvenile adjudication, and adult sex offense convictions carry broader registration rules.

Research also cuts against the idea that most teenagers who commit a sex offense will do it again. A meta-analysis by Michael Caldwell, “Quantifying the Decline in Juvenile Sexual Recidivism Rates,” published in Psychology, Public Policy, and Law in 2016, pooled 106 studies covering 33,783 youths and found a weighted average sexual recidivism rate of 2.75% in studies conducted from 2000 to 2015. Our attorneys use findings like these, together with a credible treatment provider, when we argue for a disposition that avoids adjudication on a qualifying offense.

What should parents do first after a juvenile sex charge?

Parents should stop all contact with investigators and call a defense lawyer before the child gives any statement. Many juvenile sex cases begin with a Child Protection Team interview, a school report, or a detective’s call to the home, before any charge is filed. Our representation before charges are filed focuses on that window, when the State has not yet chosen which statute to charge.

1. Do not let your child talk to police or school investigators without a lawyer. Statements often supply the “force” or “unclothed” facts that turn a non-registrable charge into a registrable one.
2. Save the digital record. Phones, messages, and social media accounts can show ages, timelines, and context. Do not delete anything.
3. Ask about the exact statute subsection. The difference between section 800.04(5)(c)1. and 800.04(5)(c)2. can decide registration.
4. Choose a treatment evaluator with your lawyer. A credible provider helps at disposition, but an evaluation done without counsel can create admissions.
5. Plan for disposition early. Withheld adjudication, diversion, or a plea to a non-qualifying offense all avoid juvenile registration, and each has to be negotiated before the disposition hearing.

Can a juvenile avoid registration through the Romeo and Juliet law?

Sometimes. Section 943.04354, Florida Statutes, lets a person convicted or adjudicated delinquent of a lewd or lascivious offense under section 800.04 move the court to remove the registration requirement if the alleged victim was 13 to 17 and the accused was not more than 4 years older. The person cannot have any other conviction or adjudication for sexual battery or the other listed offenses, and the State Attorney and FDLE must get notice at least 21 days before the hearing.

The court can rule on the motion at sentencing or disposition. That timing matters: if the motion is denied, the statute does not allow a second motion. Our attorneys build the record for that hearing, including the ages and the nature of the relationship, before the child ever enters a plea. Sexual battery adjudications under section 794.011 do not qualify for this relief.

What does a registered juvenile have to do?

A juvenile who must register faces the same core duties as an adult registrant, plus reporting to the Department of Juvenile Justice. A child on DJJ supervision who is not committed must register with DJJ within 3 business days after adjudication and disposition under section 985.4815, Florida Statutes, and must also register with the sheriff under section 943.0435. Our guide to what sex offender registration in Florida requires covers the 48-hour reporting deadlines, the driver license step, and re-registration in detail.

Families should treat every deadline as a criminal deadline. A missed address update or re-registration is a new felony under section 943.0435(9), and a teenager who moves between parents’ homes is especially at risk of missing one. The Brancato Law Firm helps families build a written compliance calendar the day registration is ordered.

How long does juvenile sex offender registration last in Florida?

Registration under section 943.0435 lasts for life unless the person qualifies for removal. The statute lists three exits: a full pardon or an adjudication set aside in postconviction proceedings, the Romeo and Juliet motion, or a petition after 25 years.

The 25-year petition excludes people whose registration rests on an adult conviction for sexual battery and several other offenses, but the statute words that exclusion in terms of adult convictions. How that applies to a juvenile adjudication is a question for counsel when the time comes. Our posts on getting off the Florida sex offender registry, whether a withhold of adjudication avoids the registry, and moving to Florida after registry removal in another state explain each path.

Frequently asked questions

Does a juvenile have to register for lewd or lascivious molestation over clothing?

No. Florida’s juvenile registration rule for lewd or lascivious molestation under section 800.04(5)(c)1. applies only when the court finds the molestation involved unclothed genitals, as the court held in M.B. v. State. The Brancato Law Firm contests that finding at disposition because it alone can decide whether a child registers.

Is a 13-year-old ever required to register as a sex offender in Florida?

No, not through a juvenile adjudication. Section 943.0435 requires juvenile registration only when the child was 14 or older at the time of the offense. Our attorneys at The Brancato Law Firm still treat these cases seriously because DCF involvement, school discipline, and treatment orders can follow a younger child.

Can a juvenile sex case in Hillsborough County be moved to adult court?

Yes. Prosecutors can direct file some teenagers in adult court, and 43 juveniles in the 13th Judicial Circuit were direct filed in fiscal year 2024-25. The Brancato Law Firm works to keep a child’s case in juvenile court, where a defense team experienced in sex crimes can pursue outcomes that do not carry adult registration rules.

Can juvenile sex offense charges be dropped in Florida?

Yes. Charges can be dropped or reduced when the evidence does not support the statute charged, the statement was improperly obtained, or the facts fit a non-registrable offense. Before a petition is filed, The Brancato Law Firm presents the State Attorney’s Office with evidence through pre-file advocacy to change the charging decision.

Does a juvenile sex offender registration show up on the public registry?

Yes. A juvenile who meets the registration criteria is listed with FDLE like any other registrant, which is why preventing a qualifying adjudication matters so much. The Brancato Law Firm explains the public consequences to families before any plea so the decision is an informed one.

What happens if my child violates juvenile probation in a sex case?

A violation can lead to a new disposition, and the judge at that hearing can make the findings that trigger registration, as happened in D.S. v. State. Our attorneys at The Brancato Law Firm defend probation violations with that risk in mind and push for alternatives to a new adjudication.

Talk to a Tampa juvenile sex crimes defense attorney

The disposition hearing is where registration is decided, and the work to prepare for it begins weeks earlier. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your child speaks with investigators or enters a plea. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your child is facing a sex charge in Hillsborough County juvenile court, the first question is usually whether the case can end without registration. I’m the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I handled sex crimes and child abuse cases in the Major Crimes Unit during more than 25 years in Hillsborough County courtrooms. Our attorneys negotiate Rehabilitation Plans when they are available and work with therapists, probation officers, and the court to help children complete them.

What is a Rehabilitation Plan?

A Rehabilitation Plan is an agreement between the defense, the State, and the court in a juvenile sex case. The child enters a plea of guilty or no contest, but the plea is held in abeyance, meaning the court does not act on it, while the child completes treatment and follows strict conditions.

This all-or-nothing structure is why the plea terms, the treatment provider, and the conditions need careful attention from the start. Our Tampa sex crimes defense attorney page explains how our firm approaches sex charges at every stage.

How long does a Rehabilitation Plan last?

Most Rehabilitation Plans last 9 to 12 months in practice, but they have no fixed end date. A plan ends only when treatment is complete and the supervising therapist confirms progress, so the therapist’s evaluation carries great weight. Florida law lets the juvenile court keep jurisdiction over a juvenile sexual offender placed in a community-based treatment program until age 21, specifically so the child can finish the program, under section 985.0301, Florida Statutes.

What conditions come with a Rehabilitation Plan?

The conditions vary with the case, but they usually include:

• Active participation in sex-offender-specific counseling and treatment
• No contact with the alleged victim or other vulnerable people
• Restrictions on internet use, pornography, and social media
• Random device checks by probation officers
• Community service or restitution in some cases
• Curfews and school or work requirements

Every plan is tailored to the child and the allegations. Treatment research gives families a reason for hope: a 2010 meta-analysis of 63 studies covering 11,219 juveniles who committed sexual offenses found a weighted mean sexual recidivism rate of 7 percent over an average follow-up of 59 months, according to the U.S. Department of Justice SMART Office’s Sex Offender Management Assessment and Planning Initiative. The same report states that most juveniles do not go on to commit future sexual offenses.

How does a Rehabilitation Plan help avoid sex offender registration?

A Rehabilitation Plan helps because registration for juveniles depends on an adjudication of delinquency, and a completed plan ends in dismissal instead. Under section 943.0435, Florida Statutes, a juvenile must register as a sexual offender if adjudicated delinquent for certain offenses committed when he or she was 14 or older, and the court must make a written finding of the child’s age at the time of the offense.

Registration brings lasting restrictions on housing, work, school, and family life. Completing the plan avoids the adjudication, so registration is avoided. If the plan is violated and the child is adjudicated on a qualifying offense, registration can still apply. Our post on sexual offender and predator designation explains what registration involves.

Can the record be expunged after a Rehabilitation Plan?

Sometimes. Like other diversion outcomes, a completed plan can open the door to juvenile expungement, which removes the record from public view. Some sex offenses are not eligible for expunction under Florida law even after a successful plan, so eligibility depends on the offense and must be reviewed before applying. Our post on juvenile expungement in Florida walks through the process.

Why does experienced counsel matter in a Rehabilitation Plan case?

Experienced counsel matters because a Rehabilitation Plan is treatment-focused, open-ended, and closely monitored, and one violation can lead to sentencing. Availability depends on the charge, the child’s age, and the facts, and the plan is negotiated with the State Attorney’s Office in the 13th Judicial Circuit. Our Hillsborough County criminal defense attorneys practice two blocks from the courthouse and know how these plans are structured locally.

When a child is under investigation and has not yet been charged, our attorneys can step in early through representation before charges are filed, before statements are made or a petition is filed.

Frequently asked questions

How long does a Hillsborough County Rehabilitation Plan usually take?

Most plans last 9 to 12 months, but they stay open until treatment is complete. The Brancato Law Firm stays in contact with the treating therapist so the court has the progress reports it needs to close the plan.

Who decides when a Rehabilitation Plan ends?

The court ends the plan, and it usually will not do so without the treating therapist’s recommendation. Our attorneys at The Brancato Law Firm present that recommendation to the court and ask for dismissal once treatment is done.

What happens if my child violates a Rehabilitation Plan?

The court can enter the plea held in abeyance, adjudicate the child delinquent, and impose a sentence. The Brancato Law Firm defends violation allegations and works to keep the plan in place when a violation is minor, as described on our Tampa sex crimes lawyer page.

Does a Rehabilitation Plan guarantee my child will not have to register?

No. Registration is avoided only if the plan is completed, and a violation followed by an adjudication on a qualifying offense can still require registration under section 943.0435. Our attorneys at The Brancato Law Firm review the registration rules for the specific charge before any plea is entered.

Is every juvenile eligible for a Rehabilitation Plan?

No. Eligibility depends on the charges, the child’s age, and the circumstances, and the State must agree. The Brancato Law Firm builds the case for a plan with treatment evaluations and school and family records, and our juvenile expungement guide covers what can happen to the record afterward.

Talk to our attorneys about a Rehabilitation Plan

What your family does in the first weeks after a juvenile sex charge often decides whether a Rehabilitation Plan is still on the table. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour for a confidential consultation; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Sex sting cases are usually won or lost on the chat transcript, and the State controls how that transcript was made. I learned how these investigations are built as a Major Crimes Unit attorney handling sex crime cases, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have defended people arrested in Hillsborough County Sheriff’s Office sting operations. Our attorneys read every message, every timestamp, and every profile the detectives used before we advise a client on anything.

How do Tampa sex stings work?

Tampa Bay sex stings are undercover operations in which detectives pose online as a minor, or as a parent or relative offering a minor, and arrest the people who respond. In a four-day operation in April 2025, the Hillsborough County Sheriff’s Office arrested 15 people, according to a May 2025 Hillsborough County Sheriff’s Office press release. Detectives posed both as relatives of a juvenile offering to sell a minor and as juveniles on social media. Twelve people were arrested when they arrived at the meeting location, and 3 who agreed but did not show up were arrested later on warrants.

Operations can run much larger. In October 2025, the Sheriff announced 171 arrests from a months-long operation called Operation Unmasking Predators, with charges including human trafficking and traveling to meet a minor, according to news reports of the Sheriff’s announcement. In our experience, Hillsborough stings follow two patterns, and the pattern shapes the charges:

What charges come from a Tampa sex sting?

One conversation can produce several felonies. These are the charges our attorneys see most often in Hillsborough County sting cases:

Under section 847.0135, Florida Statutes, solicitation and traveling both reach “another person believed by the person to be a child,” so the absence of a real child is no defense. Each separate use of a phone or computer may be charged as a separate offense. Under section 787.06, Florida Statutes, the human trafficking count reaches commercial sexual activity involving “an adult believed by the person to be a child younger than 18,” and the statute bars any defense based on belief about age. Our article on solicitation of a child using a computer explains the solicitation statute in detail, and our post on human trafficking defense in Tampa covers the trafficking statute.

What happens in the first 48 hours after a sting arrest?

The first 48 hours set the tone for the whole case. After arrest, the person is booked into the Orient Road Jail and goes before a judge at first appearance, usually within 24 hours, where bond and release conditions are set. In our experience, judges in these cases commonly order no contact with minors and restrictions on internet use as conditions of release. The Sheriff’s Office often announces operations publicly with booking photos, so clients should prepare for that.

1. Do not explain the chats. Detectives often interview people right after arrest, and statements about intent fill the gaps in the State’s case.
2. Do not unlock or hand over your phone. Ask for a lawyer and let your attorney deal with any warrant.
3. Do not delete accounts or messages. Deleting evidence can lead to a separate tampering charge.
4. Save your own records. Write down the apps used, the profile you answered, and the timeline while it is fresh.
5. Call a defense attorney before first appearance if you can. Counsel can argue bond and conditions the first time a judge sees the case.

Our Hillsborough County criminal defense attorney page explains the local court process after an arrest.

Is entrapment a defense to a Tampa sex sting?

Yes, and it is the central defense in many sting cases. Florida’s subjective entrapment statute, section 777.201, Florida Statutes, applies when law enforcement induces a person to commit a crime the person was not ready and willing to commit. The statute puts the burden on the defendant to prove entrapment by a preponderance of the evidence, and the question of predisposition is usually for the jury. Objective entrapment, a due process doctrine, bars prosecution when police conduct is so outrageous it offends basic fairness.

The Second District, which covers Hillsborough, Pinellas, and Pasco Counties, has made clear that these motions are hard to win before trial. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), Sarasota County detectives created a profile of a 19-year-old on an adult website, and within minutes “Sophia” said she was 14. The trial court dismissed every charge as entrapment. The Second District reversed, holding that the defendant’s lack of any prior record showed lack of predisposition but that the chats themselves let reasonable people disagree, so a jury had to decide. It also held the sting was not outrageous enough to be objective entrapment.

When a judge will not dismiss, the jury still must hear the defense. In Oyler v. State, 162 So. 3d 200 (Fla. 5th DCA 2015), a detective posed as an 18-year-old on a dating site that barred minors, then asked if the man “like[d] younger girls” and said she was 13. The Fifth District reversed his conviction because the trial court refused an entrapment jury instruction and excluded evidence that he had never been arrested. Our attorneys build entrapment defenses for both stages: a motion to dismiss where the facts are undisputed, and a trial record that puts predisposition squarely before the jury. Our article on entrapment in Florida covers the doctrine in more depth.

Who gets caught in online sex stings?

Research shows many people arrested in these stings started on adult platforms and had no sex offense history. A 2023 Washington State Institute for Public Policy report, Whichard and Kelley’s Internet Stings and Operation Net Nanny, studied 299 arrests from Washington State Patrol stings between 2015 and 2022. In stings using a fictitious parent, 89.8% of contacts began on adults-only platforms, and 70.4% did in stings using a fictitious child. Only 2.9% of those arrested had a prior felony sex offense against a child.

Those findings do not decide any case, but they explain why predisposition evidence matters so much. A client with no record who answered an adult ad is in a very different position from someone who sought out a child, and our attorneys gather work history, character evidence, and, when helpful, a psychosexual evaluation to show the difference.

Can you be convicted of both solicitation and traveling?

Not for the same conduct. In State v. Shelley, 176 So. 3d 914 (Fla. 2015), the Florida Supreme Court held that convictions for both solicitation under section 847.0135(3) and traveling after solicitation under section 847.0135(4) violate double jeopardy when based on the same conduct, and the solicitation conviction must be vacated. When the State charges both counts from one conversation, our attorneys use Shelley to cut the exposure and the scoresheet.

Do you have to register as a sex offender after a sting conviction?

Yes, for most sting charges. Florida’s registration statute, section 943.0435, Florida Statutes, lists section 847.0135 (except subsection (6)) and section 787.06(3)(g) among the offenses that require registration. That is why the specific charge in any plea matters as much as the sentence. A plea to the charge as filed can carry lifetime registration, while an amended charge may not, and our attorneys evaluate every offer with registration in mind. Our overview of sex offender registration in Florida explains the requirements.

How is a child sex sting different from an escort sting?

An escort sting targets adults buying sex from adults and is usually charged as solicitation of prostitution, while a child sex sting adds a “minor” and turns the case into serious felonies with registration. Some operations blur the line, starting with an adult ad and introducing a minor partway through. Our article on Tampa escort stings covers adult prostitution stings, and our guide for people who messaged a minor online covers what to do before any arrest. If a private group rather than police confronted you, see our post on vigilante predator catchers in Florida.

Can a Tampa sex sting charge be reduced to a non-sex offense?

Yes. In an October 2026 Tampa sting case, our firm got a commercial human trafficking charge reduced to prostitution and unlawful use of a two-way communications device, and neither offense requires sex offender registration. Undercover officers had played the role of a trafficker offering teenage girls, and the State had our client on video agreeing to pay for sex. No real children were involved. Rocky Brancato filed a motion to dismiss arguing that the officers entrapped the client and presented the firm’s mitigation report, and the client received a withheld adjudication and probation. You can read the full case on our case results page. Past results do not guarantee future outcomes.

Frequently asked questions about Tampa sex stings

Can sex sting charges be dropped in Tampa?

Yes. Charges can be dropped or reduced when the chats show the detective, not the client, drove the conversation, when intent evidence is weak, or when a client withdrew before any travel. The Brancato Law Firm presents those facts to prosecutors early, and when an investigation is still open, through pre-file advocacy.

What if the profile said the person was 18?

That fact supports the defense but does not end the case, because the charges turn on what you believed after the age was raised. Courts look at the whole conversation. Our attorneys at The Brancato Law Firm map exactly when the age came up and how the conversation changed afterward.

Can I be charged if I never drove to the meeting?

Yes. Computer solicitation is complete without travel, and people who agree but do not show up are often arrested later on warrants. The Brancato Law Firm uses the decision not to travel as evidence against predisposition, as explained on our internet crimes defense page.

Why is there a human trafficking charge when I only talked to a police officer?

Section 787.06(3)(g) covers commercial sexual activity involving an adult believed to be a child, so offering money in a parent-persona sting can support the charge even though no child existed. The Brancato Law Firm challenges whether the evidence actually shows a commercial transaction and the knowledge the statute requires.

Will my name be in the news after a Hillsborough sting?

Often, yes, because the Sheriff’s Office publicizes many operations with names and booking photos. The Brancato Law Firm focuses on the outcome that lasts, the court record, and advises clients on what can later be sealed if the case is dismissed.

Should I take a plea in a sex sting case?

Not before your attorney has reviewed the full chat logs and the registration consequences of the specific charge. Some pleas carry lifetime registration while amended charges may not. Our attorneys at The Brancato Law Firm compare every offer against the strength of the entrapment and intent defenses.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Call before you talk to detectives about the chats

Most sting cases are shaped in the first days, when a client decides whether to explain the messages, unlock a phone, or wait for a lawyer. Tampa Criminal Defense Attorney Rocky Brancato founded The Brancato Law Firm, P.A., and our attorneys defend sting cases throughout Hillsborough, Pinellas, and Pasco Counties. Call us at any hour at (813) 727-7159. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If police took your phone after a complaint from a roommate, a coworker, or a stranger in a store, the case against you is already inside that device. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I bring to these cases my years in the Major Crimes Unit handling sex crime prosecutions and more than 150 jury trials to verdict. Our attorneys defend digital voyeurism charges in Hillsborough, Pinellas, and Pasco Counties by testing every element the State must prove, starting with what the camera actually captured and where.

What is video voyeurism under Florida law?

Video voyeurism is secretly using a camera or other imaging device to view, record, or broadcast someone who is undressing or exposed in a private place, without that person’s knowledge and consent. Since October 1, 2024, section 810.145, Florida Statutes calls the offense “digital voyeurism.” Chapter 2024-132, Laws of Florida (CS/CS/HB 1389), renamed the crime, added “exploiting” as a prohibited purpose, and created new dissemination offenses. The statute covers three kinds of conduct:

1. Secret recording in a private place. Using or installing a device to secretly view, broadcast, or record a person who is dressing, undressing, or privately exposing the body where that person has a reasonable expectation of privacy.
2. Permitting someone else to do it. Allowing another person to use or install the device for that person’s gratification or profit.
3. Recording under or through clothing. Secretly recording under or through another person’s clothing to view the body or undergarments, often called upskirting. This version does not require a private place, so it reaches stores, escalators, and other public spaces.

The statute defines a reasonable expectation of privacy as circumstances in which a reasonable person would believe he or she could fully disrobe without being watched or recorded, including the inside of a home, a bathroom, a changing or fitting room, a dressing room, or a tanning booth. Our Tampa sex crimes lawyer page explains how our firm defends the full range of sexual offense charges.

Is video voyeurism a felony or a misdemeanor in Florida?

It depends on the accused person’s age, the alleged victim’s age, the relationship between them, and any prior record. For an adult with no prior voyeurism conviction, the base offense is a third-degree felony. These are the degrees under section 810.145 and the maximum penalties under section 775.082, Florida Statutes:

Two more rules drive exposure. First, each instance of viewing, recording, or sharing is a separate offense with a separate penalty, so one phone can produce many counts. Second, when an accused 19 or older is a family or household member of the person recorded, or holds a position of authority or trust such as a coach, caregiver, or employer, the court must reclassify the felony one degree higher. The offense levels come from section 921.0022, Florida Statutes, the offense severity ranking chart on the Criminal Punishment Code scoresheet.

Do you have to register as a sex offender for video voyeurism in Florida?

Only for the child-victim version of the offense. Florida’s registration statute, section 943.0435, Florida Statutes, lists section 810.145(8) as a qualifying offense, not the rest of section 810.145. A conviction for recording an adult, or for sharing an adult’s recording, does not by itself trigger registration. A conviction under subsection (8), which covers victims under 16 and accused persons who are 24 or older, caretakers, or school employees, requires registration as a sexual offender.

That distinction makes the charging decision the most important event in many cases. Whether the State files under subsection (2) or subsection (8), and whether it can prove the alleged victim’s age and the accused person’s role, decides whether a client faces a lifetime of registration. Our overview of sex offender registration in Florida explains what registration requires.

How often do video voyeurism convictions lead to prison in Florida?

For an adult first offense, rarely; for the child-victim version, usually. In fiscal year 2022-23, the Florida Department of Corrections recorded 1 prison admission and 31 supervision admissions for adults 19 or older convicted of video voyeurism, a 3.1% incarceration rate, according to the Office of Economic and Demographic Research impact analysis of the 2024 bill. For second or subsequent offenses the rate was 12.5%, and for the child-victim offenses under subsection (8) it was 71.4%, with 10 prison admissions and 4 supervision admissions.

The scoresheet explains the gap. A single Level 3 count scores 16 points, well below the 44 points at which prison becomes the lowest permissible sentence, so a first-offense adult case often resolves with probation. Multiple counts, a Level 5 primary offense, or a prior record can push the score past that line. The same analysis reported 22 misdemeanor video voyeurism arrests statewide in fiscal year 2022-23, a reminder that most of these cases are charged as felonies.

How do you fight a video voyeurism charge in Florida?

You fight it by holding the State to each element: a secret recording, of a person undressing or exposed, in a place with a reasonable expectation of privacy, without consent, for a prohibited purpose, by you. Our attorneys build the defense around the elements the evidence does not support:

• Not secret. A camera that was visible, a security system with posted notice, or a device installed so its presence was “clearly and immediately obvious” falls under the statute’s exceptions in subsection (5).
• No reasonable expectation of privacy. A person visible from a street or a public area may not meet the statute’s definition, except in an under-the-clothing case.
• Consent. Recordings made with a partner’s knowledge and agreement are not secret. Text messages and prior conduct often prove consent.
• No prohibited purpose. The State must prove amusement, sexual gratification, profit, or an intent to degrade, exploit, or abuse. A home security camera installed to watch a front door is not voyeurism.
• Identity. Shared phones, cloud accounts, and household devices raise the question of who actually made or viewed the recording.
• Count stacking. Duplicates, thumbnails, and automatic cloud copies of one recording should not become separate charges.

Secrecy is often contested. In J.T.R. v. State, 79 So. 3d 839 (Fla. 1st DCA 2012), a juvenile held a phone over a school bathroom stall and argued the State had not proven the recording was secret because the victim looked up at the camera. The First District affirmed, holding that a victim who notices the camera only after recording starts does not defeat secrecy. The lesson is that secrecy is judged at the moment the recording begins, so the defense must establish what the person knew before then.

Can police make you unlock your phone in a voyeurism case?

In the Second District, which covers Hillsborough, Pinellas, and Pasco Counties, a court can order you to provide a phone passcode when police already hold a warrant for the phone. In State v. Stahl, 206 So. 3d 124 (Fla. 2d DCA 2016), a man was accused of holding an illuminated phone under a shopper’s skirt in a store, then withdrew his consent to search his iPhone. The Second District held that compelling the passcode did not violate the Fifth Amendment because the State already had a warrant and knew the phone was his, calling it “a case of surrender and not testimony.”

Other Florida appellate courts have since disagreed with Stahl, so the issue remains contested. The practical lesson is the same everywhere: do not give consent to search a phone, do not unlock it, and do not explain what is on it. Ask for a lawyer and let your attorney handle any court order. Our article on secretly recording someone in Florida covers the separate audio recording law that often appears alongside these charges.

What happens after a video voyeurism arrest in Hillsborough County?

After an arrest in Hillsborough County, the accused goes before a judge at first appearance at the Orient Road Jail within 24 hours, where bond and release conditions are set. In our experience, judges routinely add a condition barring any contact with the person recorded, and the State asks the court to keep the accused away from the location, such as a workplace or apartment complex, where the camera was found. Violating those conditions can lead to bond revocation, so our attorneys explain them to clients before release.

The phone, laptop, or hidden camera usually goes to a forensic examiner, and that report often takes months. That delay is an opportunity. Before the State files formal charges, our attorneys can present facts about consent, ownership of the device, or the purpose of a camera through pre-file advocacy, which can lead the State to file a lesser charge or no charge at all. Our Hillsborough County criminal defense page describes the local process.

Why does Florida treat upskirting differently?

Florida separately criminalizes recording under or through clothing because older voyeurism laws required a private place, and courts often held there is no expectation of privacy in public. A 2006 study in Criminal Justice Studies, Valerie Bell, Craig Hemmens, and Benjamin Steiner’s Up Skirts and Down Blouses: A Statutory Analysis of Legislative Responses to Video Voyeurism, reviewed 47 state and federal voyeurism statutes and found that most required an invasion of privacy, leaving upskirt recordings in public places uncovered. Florida closed that gap with the under-the-clothing provision, which is why a store or a stadium can be the scene of a felony.

For the defense, the shift moves the fight from where the recording happened to what it shows and why it was made. Our attorneys examine the actual footage frame by frame, because a recording that does not capture the body or undergarments under the clothing does not meet this version of the offense.

Frequently asked questions about video voyeurism in Florida

Is it illegal to have a hidden camera in your own home in Florida?

Not by itself. A camera becomes digital voyeurism when it secretly records someone undressing or exposed in a private area, such as a guest bathroom or a tenant’s bedroom, for a prohibited purpose. The Brancato Law Firm examines where each camera pointed and why it was installed, because a security camera covering a door or driveway is lawful.

Can video voyeurism charges be dropped in Florida?

Yes. Charges can be dropped or reduced when the evidence does not show secrecy, a private place, a prohibited purpose, or who made the recording, or when a search was unlawful. Our attorneys at The Brancato Law Firm raise these issues with prosecutors early, often before charges are filed, through representation before charges are filed.

Is sharing a secret recording a separate crime in Florida?

Yes. Since October 1, 2024, sending a recording you know or have reason to believe was made by digital voyeurism is digital voyeurism dissemination, a third-degree felony, and selling it is commercial dissemination. The Brancato Law Firm looks at whether the client knew how the recording was made, an element the State must prove for sharing charges.

Does recording a partner during sex count as video voyeurism?

It can, if the partner did not know about or consent to the recording. Consent to sex is not consent to be recorded, but consent to recording can be shown through messages, a visible device, or past practice. Our attorneys at The Brancato Law Firm gather that evidence early, and our article on revenge porn charges in Florida covers later sharing of intimate images.

Is a teenager who records a classmate charged with a felony?

Usually not as an adult felony. An accused under 19 commits a first-degree misdemeanor under section 810.145(2)(b), and most cases involving minors go to juvenile court. The Brancato Law Firm works to keep these cases in diversion programs that avoid a permanent record.

Will I have to register as a sex offender if the person I recorded was 17?

Not under section 810.145(8) unless the person was under 16, or you were a caretaker or school employee of a student. Registration applies only to subsection (8) convictions, so the age of the person recorded and your role decide the question. Our sex crimes defense attorneys at The Brancato Law Firm challenge the State’s proof of both facts.

Speak with our attorneys before the forensic report comes back

The weeks after a phone or camera is seized are when the defense can shape the charge, before a prosecutor decides between a misdemeanor, a third-degree felony, or a registrable offense. Tampa Criminal Defense Attorney Rocky Brancato founded The Brancato Law Firm, P.A. to defend people in exactly this position, and our attorneys can review the warrant, the device report, and the facts about consent. Call us at any hour at (813) 727-7159 for a confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

The statute number written on a plea form can decide whether a person serves 85% of a prison sentence or nearly all of it. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I handled sex crimes, homicide, and child abuse cases in the Major Crimes Unit before spending more than 25 years in Hillsborough County courtrooms. Our attorneys look at the gain-time consequences of every charge and every plea offer before a client decides anything.

What Is the Junny Rios-Martinez, Jr. Act?

The Junny Rios-Martinez, Jr. Act is the name of subsection (7) of Florida’s sexual battery statute. It says a person convicted of committing a sexual battery on or after October 1, 1992, “is not eligible for basic gain-time,” and a 2023 amendment extended that rule to attempts, solicitations, and conspiracies committed on or after July 1, 2023. Our attorneys at The Brancato Law Firm explain this law to clients because its name comes up in plea discussions, but its real effect today depends on other gain-time rules.

The law is named for an 11-year-old Brevard County boy. According to the federal appeals court opinion in Schwab v. Crosby, 451 F.3d 1308 (11th Cir. 2006), Mark Dean Schwab received an eight-year prison sentence for sexual battery in 1988 but was released on probation in early March 1991, about three years into that sentence. On April 18, 1991, Junny Rios-Martinez left for his sixth-grade class and never came home. Schwab was convicted of his murder and was later executed. In 1992, the Legislature cut off basic gain-time for sexual battery and named the law after him.

Do You Serve 100% of a Sexual Battery Sentence in Florida?

Close to it, for offenses committed on or after October 1, 2014. Florida prison sentences earn time off only through gain-time, and a person convicted of sexual battery today cannot earn the two ordinary kinds: basic gain-time is barred by the Junny Rios-Martinez Act, and incentive gain-time is barred by section 944.275, Florida Statutes. Our attorneys at The Brancato Law Firm treat a sexual battery prison sentence as a sentence that will be served in full when we evaluate any plea offer.

Here is why the Junny Rios-Martinez Act alone no longer drives the result. Florida stopped applying basic gain-time to all offenses committed on or after January 1, 1994. For offenses committed on or after October 1, 1995, every Florida prisoner must serve at least 85% of the sentence imposed, and the only common way to reach that 85% floor is incentive gain-time of up to 10 days per month. Section 944.275 then takes incentive gain-time away for sexual battery committed on or after October 1, 2014, with one narrow statutory exception.

For an attempted sexual battery committed before July 1, 2023, the 85% rule usually controls, because both gain-time bars were written for completed offenses until the 2023 amendment. Our attorneys check the offense date in the charging document first, because the date decides which rule applies.

Which Sex Offenses Lose Incentive Gain-Time in Florida?

For offenses committed on or after October 1, 2014, section 944.275 bars incentive gain-time for sexual battery under section 794.011 (with one narrow exception), lewd or lascivious offenses under section 800.04, lewd or lascivious offenses against an elderly or disabled person under section 825.1025, certain computer solicitation offenses under section 847.0135(5), and specified kidnapping, false imprisonment, and murder provisions tied to sexual offenses. The Brancato Law Firm compares every proposed plea charge against that list, because a plea that avoids “sexual battery” but lands on a listed lewd or lascivious count does not change how much of the sentence is served.

That is why the old advice that “lewd or lascivious” avoids the harshest sentencing rule is out of date. Our post on unlawful sexual activity with a minor under section 794.05 explains one charge that sits outside the incentive gain-time bar but still carries registration.

What Happens After a Sexual Battery Sentence Is Served?

Release from prison is rarely the end of the case. A sexual battery conviction brings lifetime registration in most cases, possible sex offender probation, and a screening for civil commitment under the Jimmy Ryce Act before release. The Brancato Law Firm plans for those consequences at the charging stage, because the plea that shortens a sentence can still lock in decades of supervision.

The numbers show how long those consequences last. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 20,742 of them were confined, including people in prison and people civilly committed, according to the Florida Office of Program Policy Analysis and Government Accountability (OPPAGA). The same report counted 1,999 registered sex offenders living in the community in Hillsborough County in 2024.

Policy has moved toward longer prison terms even though the national research on reoffending is more mixed than the public assumes. A Bureau of Justice Statistics study of nearly 9,700 sex offenders released from state prisons in 15 states in 1994 found that 5.3% were rearrested for a new sex crime within 3 years. The same study found sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime. Our attorneys use that kind of data carefully at sentencing, where a judge decides how much prison is necessary in the first place.

We cover each of these in more depth in our guides to sex offender registration in Florida, fighting Jimmy Ryce civil commitment, and sex offender probation rules.

How Do Our Attorneys Defend Against a Sentence With No Gain-Time?

Our attorneys defend these cases on the assumption that any prison term will be served almost in full, so the work focuses on the charge itself, the offense date, and the charge of any plea. As a Tampa sex crimes lawyer team, The Brancato Law Firm follows five steps:

1. Fight the charge. We test the evidence, the forensic findings, and the accuser’s statements, because an acquittal or dismissal avoids every consequence on this page.
2. Confirm the offense date. The date decides whether the Junny Rios-Martinez Act, the 85% rule, or the 2014 incentive gain-time bar applies.
3. Read the plea charge against the statute. We check whether a proposed plea lands on a statute listed in section 944.275 before advising a client to accept it.
4. Count real time, not paper time. We explain to clients and families how much of any proposed sentence will actually be served, including jail credit.
5. Plan for after release. We address registration, probation conditions, and civil commitment exposure as part of the same negotiation.

Many sexual battery investigations start months before an arrest. When detectives call or a controlled call is suspected, representation before charges are filed gives our attorneys a chance to shape the charging decision before a sexual battery count is ever filed.

Why Should You Talk to a Lawyer Before Discussing a Plea?

Because the gain-time consequences are fixed by the statute of conviction, and they cannot be fixed after the plea is entered. A plea offer that sounds shorter on paper can mean more real time in prison than a longer sentence on a different charge. The Brancato Law Firm runs those numbers before any plea discussion with the State Attorney’s Office, and we advise families on the real release date, not the headline number.

Frequently Asked Questions About the Junny Rios-Martinez Act

Does the Junny Rios-Martinez Act apply to lewd or lascivious charges?

No. The Act applies only to sexual battery under section 794.011, but lewd or lascivious offenses under section 800.04 committed on or after October 1, 2014, lose incentive gain-time under section 944.275 anyway. Our attorneys at The Brancato Law Firm check both statutes before telling a client how much of a sentence will be served.

Does the Junny Rios-Martinez Act apply to attempted sexual battery?

Yes, for offenses committed on or after July 1, 2023, when the Legislature added attempts, solicitations, and conspiracies. For older attempt cases, The Brancato Law Firm reviews the offense date closely, because the 85% rule may control instead.

Can you get out early on a Florida sexual battery sentence for good behavior?

Generally no, for sexual battery committed on or after October 1, 2014, because incentive gain-time, Florida’s main good-behavior credit, is barred. The Brancato Law Firm makes sure clients get every day of jail credit the law allows, since credit for time already served still counts against the sentence.

Can sexual battery charges be dropped or reduced in Florida?

Yes. Prosecutors dismiss or reduce sexual battery charges when the evidence does not hold up, when the accuser’s account changes, or when the defense shows a lesser charge fits the facts better. Our attorneys at The Brancato Law Firm build that case for the State Attorney’s Office early, and our sex crimes defense practice handles these negotiations in Hillsborough, Pinellas, and Pasco Counties.

Does a sexual battery conviction mean civil commitment after prison?

Not automatically. A person convicted of a sexually violent offense is screened before release, and the State must prove in a separate proceeding that the person meets the Jimmy Ryce Act criteria. The Brancato Law Firm explains that process in our guide to fighting Jimmy Ryce civil commitment.

Is the Junny Rios-Martinez Act a mandatory minimum sentence?

No. The Act does not set a minimum prison term; it controls how much of whatever sentence the judge imposes will be served. Our attorneys at The Brancato Law Firm address both questions separately, first the sentence length under the scoresheet and then how much of it the client will actually serve.

Talk to Our Attorneys Before Any Plea Discussion

Before you or a loved one discusses any plea on a sexual battery charge, call The Brancato Law Firm, P.A. at (813) 727-7159. Founded by Tampa Criminal Defense Attorney Rocky Brancato, our firm reviews the offense date, the charge, and every plea option for its real-time consequences, and you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Sex Crimes Defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida prosecutor charging a lewd exhibition case has always had to answer one question first: did the child see or sense what happened? As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a former Major Crimes Unit attorney who handled homicide, sex crime, and child abuse cases, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have tried cases where that question decided everything. On October 1, 2026, the Legislature took that question away for a new category of cases, and our attorneys are already adjusting how we defend them.

This guide covers what the new law prohibits, the 1992 Florida Supreme Court decision behind it, how the bill changed in committee, what it means for plea negotiations and registration, and how these charges are defended.

What Does Florida’s New Section 800.035 Prohibit?

Section 800.035, Florida Statutes, creates the crime of “indecent exposure of sexual organs while observing a child.” A person commits it if, while observing a child under 16 for the purpose of his or her own sexual arousal or gratification, the person does either of two things:

• Intentionally exposes his or her sexual organs in a lewd or lascivious manner; or
• Intentionally performs any sexual act that does not involve physical or sexual contact with the child, including masturbation, sadomasochistic abuse, sexual bestiality, or simulated sexual activity.

The statute defines “observing” as “intentionally viewing another person under circumstances in which the offender is reasonably capable of being seen by the person being viewed.” It then adds the key sentence: it is not a defense that the child “was not aware of any specific conduct on the part of the offender or did not see the offender’s sexual organs.”

The offense is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Two exceptions apply: a mother breastfeeding her baby, and a person who is merely nude in a place set apart for nudity. The law was passed as CS/CS/HB 1525, signed on June 16, 2026, and published as chapter 2026-159, Laws of Florida.

Why Did Florida Create This Law?

Florida created section 800.035 to reach conduct that the existing lewd exhibition statute could not. Lewd or lascivious exhibition under section 800.04(7) requires the act to happen “in the presence of” a child under 16. The Florida Supreme Court has read that phrase to require proof that the child actually perceived the act.

That rule comes from State v. Werner, 609 So. 2d 585 (Fla. 1992). Martin Werner of Broward County took his 13-month-old daughter into a locked bathroom for half an hour and later told his wife he had been masturbating while caring for the child. A jury convicted him, but the appeals court reversed because the State had not proved the baby was aware of the act. The Supreme Court agreed, holding that “the child must see or sense that a lewd or lascivious act is taking place for a violation to occur,” even if the child cannot understand or describe it.

For more than 30 years, Werner gave the defense a factual question to fight in every exhibition case: was the child asleep, facing away, or too far away to notice? Supporters of HB 1525 targeted exactly that. Representative Doug Bankson, the House sponsor, told CBS12 that the bill was partly prompted by an incident in his district and that the conduct can “scar a child for life.” Former Palm Beach County State Attorney Dave Aronberg told the station the conduct can escalate if it goes unpunished.

The new crime does not overrule Werner for section 800.04(7). A prosecutor charging the more serious second-degree felony still has to prove the child perceived the act. Section 800.035 is a separate, lower-level crime built for the cases Werner screened out.

How Did HB 1525 Change in the Legislature?

The bill changed shape twice before it passed, and it passed without a single “no” vote. Representative Doug Bankson sponsored the House bill with Representative Yarkosky. The Senate companion, SB 1742, was sponsored by Senator Jonathan Martin.

The first Senate committee substitute created a felony for lewd acts “while viewing” a child and repealed section 800.02. The second Senate substitute renamed the crime “indecent exposure of sexual organs while observing a child,” replaced “viewing” with the narrower defined term “observing,” and added the sentence that a child’s lack of awareness is no defense. The House Judiciary Committee adopted the same name and repealed section 800.02 in its version.

Vote tallies come from the official bill history and the Senate and House staff analyses. The Criminal Justice Impact Conference, the Legislature’s prison forecasting group, estimated a “positive indeterminate” effect on prison beds, meaning more prison admissions in a number it could not predict.

How Common Are These Charges in Florida?

Lewd exhibition charges are a small but steady part of Florida’s sex crime caseload. According to the Senate Fiscal Policy Committee’s analysis of SB 1742, which relied on Florida Department of Law Enforcement and Department of Corrections data compiled by the Office of Economic and Demographic Research, Florida recorded these numbers in fiscal year 2024-25:

The same analysis reports 34 new prison commitments for lewd exhibition offenses in that year, and a 9.7% incarceration rate for a Level 1 third-degree felony, the level the new crime is expected to score at. In plain terms, most people convicted of a Level 1 felony in Florida are not sent to state prison, but a felony conviction on a sex offense still follows them for life.

Does the New Crime Require Sex Offender Registration?

No. Section 800.035 is not on the list of registrable offenses in section 943.0435, Florida’s sexual offender registration statute. Section 800.04 is on that list, so a conviction for lewd or lascivious exhibition under section 800.04(7) requires lifetime registration, while a conviction under section 800.035 does not.

The new offense is also not on the list of crimes that trigger the mandatory sex offender probation conditions in section 948.30, such as curfews, residence restrictions, and no unsupervised contact with minors. A judge can still impose special conditions that relate to the offense, but they are not automatic.

In our view, that gap makes section 800.035 a significant new plea option. Before October 1, 2026, a defendant facing a lewd exhibition charge often had to choose between trial and a plea that carried registration. Now there is a felony that addresses the same conduct without registration. Whether prosecutors at the Hillsborough County State Attorney’s Office will offer it in a given case depends on the facts, but our attorneys will ask for it whenever the evidence of the child’s awareness is weak.

What Happened to Section 800.02?

HB 1525 repealed section 800.02, Florida’s “unnatural and lascivious act” law, effective October 1, 2026. That statute made it a second-degree misdemeanor, punishable by up to 60 days in jail, to commit an unnatural and lascivious act with another person. Florida courts treated it as a lesser included offense of lewd or lascivious charges under section 800.04, which meant a jury could return it as a compromise verdict.

In our experience, prosecutors almost never filed section 800.02 as a charge. Its real value was at trial. Because it was a lesser included offense with a name that sounds nearly as bad as lewd or lascivious, a jury looking for a compromise could choose it without knowing it was a non-sex misdemeanor with no registration requirement. For defense attorneys trying certain lewd or lascivious cases, it was a hidden gem, and its repeal takes that compromise verdict off the table for conduct on or after October 1, 2026.

The repeal removes that misdemeanor option for conduct on or after October 1, 2026. The Legislature’s fiscal analysts predicted the change could push more cases toward the more serious lewd or lascivious offenses. Charges for conduct before October 1, 2026 are not wiped out, because Article X, section 9 of the Florida Constitution provides that repealing a criminal statute does not affect prosecution or punishment for a crime already committed.

How Do You Fight an Indecent Exposure While Observing a Child Charge?

The State must prove intent, purpose, observation, and age beyond a reasonable doubt, and each element gives the defense room to work. Our Tampa sex crimes lawyer team focuses on these issues:

1. Purpose of sexual gratification. The State must prove the person was observing the child “for the purpose of his or her own sexual arousal or gratification.” Changing clothes, urinating, or being nude at home is not this crime without that purpose. Purpose is usually proved with circumstantial evidence, and circumstantial evidence can be challenged.
2. Observation. The person must have intentionally viewed the child under circumstances where the person was “reasonably capable of being seen” by the child. Distance, lighting, window tint, blinds, and sight lines matter. Our attorneys visit and photograph the scene.
3. Lewd or lascivious exposure. Nudity alone is not enough. The statute requires intentional exposure “in a lewd or lascivious manner,” and the State must prove both the intent and the lewd character of the exposure.
4. Age of the child. The child must be under 16. That element requires proof, usually through records or testimony.
5. Identity. Many of these cases begin with a neighbor’s report or a home security camera. Video quality, time stamps, and the reliability of an identification are all open to challenge.
6. Date of the conduct. Section 800.035 applies only to conduct on or after October 1, 2026. Earlier conduct must be charged under the laws in effect at the time.

These cases often start with an investigation before any arrest. If a detective has called you or a neighbor has made an accusation, representation before charges are filed gives our attorneys a chance to present context to the State Attorney’s Office before a filing decision.

Does Exposure Lead to Hands-On Offending?

Supporters of the law argued that non-contact offending can escalate, and research gives that argument partial support. In a long-term study published in the Journal of the American Academy of Psychiatry and the Law in 2006, Philip Firestone and colleagues followed 208 men assessed for exhibitionism at an Ottawa clinic for an average of 13 years. During follow-up, 23.6% were charged with or convicted of a new sexual offense, and 19 of the 49 men who reoffended sexually committed a hands-on offense.

The same study found that most men in the sample were not charged with a new sexual offense, and the strongest predictors of reoffending were measurable risk factors. That is why a professional psychosexual evaluation is often central to mitigation in these cases. Our attorneys at The Brancato Law Firm use qualified evaluators to give prosecutors and judges an individual risk picture rather than a general assumption.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is it a crime in Florida if the child never saw anything?

Yes, under section 800.035, as long as the State proves the other elements, including that the person was observing the child for sexual gratification and could reasonably have been seen. The Brancato Law Firm focuses on the observation and purpose elements in these cases, because the child’s awareness is no longer a defense to this charge.

Do I have to register as a sex offender for a section 800.035 conviction?

No. Section 800.035 is not listed in section 943.0435, so a conviction does not trigger sexual offender registration, though other consequences of a felony conviction still apply. Our attorneys at The Brancato Law Firm explain the full collateral picture before any plea, and our guide to sex offender registration in Florida covers which offenses do require it.

Can a lewd exhibition charge be reduced to the new offense?

It can, if the prosecutor agrees and the facts support it, because section 800.035 covers similar conduct at a lower degree and without registration. The Brancato Law Firm raises that option in negotiations when the evidence that the child perceived the act is weak, as described in our guide on how to fight a lewd and lascivious charge.

Is being naked in my own home illegal under the new law?

No, not by itself. The State must prove intentional lewd exposure or a sexual act while observing a child for sexual gratification, under circumstances where the child could reasonably see you. Our attorneys at The Brancato Law Firm look closely at cases built on a single moment seen through a window, because context is often the whole defense.

What is the penalty for indecent exposure in front of an adult in Florida?

Exposure of sexual organs under section 800.03 is a first-degree misdemeanor for a first offense, punishable by up to one year in jail, and a third-degree felony for a second or later offense. The Brancato Law Firm defends exposure charges in Hillsborough, Pinellas, and Pasco Counties, and our sex crimes defense attorneys review whether the conduct was actually lewd.

What happens to pending section 800.02 cases?

They continue. The Florida Constitution provides that repealing a criminal statute does not affect prosecution for crimes already committed, so conduct before October 1, 2026 is still governed by the law in effect at the time. In a lewd or lascivious trial for conduct before that date, our attorneys at The Brancato Law Firm will ask for the section 800.02 lesser included instruction, because it gives the jury a non-sex misdemeanor option.

Talk to a Tampa Sex Crimes Defense Lawyer Today

For more about our defense strategies, visit our Sex Crimes practice page.

What you say to a detective in the first days of an exposure investigation can become the State’s proof of purpose. Before you answer questions, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the allegation, the scene, and any video, and we will advise you on whether to speak at all. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have watched people accept a withhold on a sex charge believing it kept their record clean. I’m Rocky Brancato, and before that leadership role I handled sex crime and child abuse cases in the Major Crimes Unit. Our attorneys review registration exposure on every sex offense plea offer before a client signs anything, because a withhold that looks like a win at sentencing can carry a lifetime of reporting duties.

What Is a Withhold of Adjudication in Florida?

A withhold of adjudication is a sentence in which the judge accepts a guilty or no contest plea but does not formally declare the defendant guilty. Under section 948.01(2), Florida Statutes, the court may “stay and withhold the adjudication of guilt” when it finds the defendant is not likely to reoffend, and a felony defendant who receives a withhold must be placed on probation.

Outside the sex offense laws, a withhold matters. It avoids a formal adjudication of guilt, and in an ordinary felony case it is usually the first step toward sealing the record. Prosecutors and defense lawyers both treat a withhold as a meaningful benefit in theft, drug, and other non-sex cases, and our firm negotiates for them regularly.

Florida limits when a withhold is available at all. Under section 775.08435, Florida Statutes, a court may not withhold adjudication for any capital, life, or first-degree felony. For a second-degree felony, a withhold requires a written request from the State Attorney or written findings supporting a downward departure, and it is barred if the defendant already has a prior felony withhold from a separate case.

Does a Withhold of Adjudication Avoid Sex Offender Registration in Florida?

No. For registration, Florida law counts the plea, not the label the judge puts on the judgment. Section 943.0435(1) defines “convicted” as “a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.” Our Tampa sex crimes lawyer page explains how we defend the underlying charges that trigger this rule.

The Sexual Predators Act uses the same definition. Under section 775.21(2), Florida Statutes, a “conviction” for sexual predator purposes also means a determination of guilt “regardless of whether adjudication is withheld.” A withhold therefore protects a client from neither the sexual offender registry nor a sexual predator designation when the offense qualifies.

The table shows why a withhold on a sex offense is worth much less than the same withhold on a theft or drug charge. Our attorneys at The Brancato Law Firm explain each of these rows to a client before a plea is entered, not after the registration paperwork arrives.

What Did the Court Decide in Price v. State?

The court held that a man who received a withhold of adjudication and finished probation still had to register as a sex offender. In Price v. State, 43 So. 3d 854 (Fla. 5th DCA 2010), Peter Price pleaded no contest in 1994 to two counts of lewd and lascivious assault upon a child under section 800.04. The judge withheld adjudication and placed him on five years of probation, which he completed in 1999.

Price registered for years. In 2008 he completed one registration but chose not to complete the second one six months later, and he was arrested for failing to register properly. He moved to dismiss, arguing that because adjudication was withheld he had never been “convicted.” The trial court denied the motion, Price pleaded no contest to the failure-to-register charge while reserving his right to appeal, and he was sentenced to six months in the Volusia County jail.

The Fifth District Court of Appeal affirmed. It held that under the 1999 and 2008 versions of section 943.0435, “‘convicted’ for purposes of sex offender registry included entry of a plea of nolo contendere, regardless of whether adjudication was withheld.” The court added that the result would be the same even under the older 1997 wording.

The court relied on Montgomery v. State, 897 So. 2d 1282 (Fla. 2005), in which the Florida Supreme Court held that a no contest plea followed by a withhold of adjudication is a conviction for sentencing purposes. The lesson from Price is practical: a withhold that ended decades ago can still support a new felony arrest today if the registration duties were not followed.

Does Federal Law Treat a Florida Withhold as a Conviction?

Yes. The federal Sex Offender Registration and Notification Act (SORNA), found at 34 U.S.C. § 20911, requires registration by anyone “convicted” of a sex offense, and federal courts have held that a Florida withhold qualifies.

In United States v. Bridges, 741 F.3d 464 (4th Cir. 2014), William Bridges had pleaded no contest in Florida in 1999 to attempted sexual battery upon a child under 16. The Florida court withheld adjudication and imposed two years of probation, with credit for three days in jail. Years later he was federally indicted in Virginia for traveling interstate and failing to update his registration.

Bridges argued that he had never been “convicted” because Florida withheld adjudication. The district court rejected that argument in United States v. Bridges, 901 F. Supp. 2d 677 (W.D. Va. 2012), and the Fourth Circuit affirmed. The appellate court held that his “nolo contendere plea with adjudication withheld constitutes a conviction” under SORNA “because it resulted in a penal consequence,” meaning the probation and jail time.

This matters for anyone who may leave Florida. A person who believes the withhold ended the matter can face a federal failure-to-register charge in another state, prosecuted by federal authorities rather than the State Attorney’s Office.

How Many People Are on Florida’s Sex Offender Registry?

As of October 2024, Florida’s registry held 86,207 registrants, including 16,246 designated sexual predators, according to the Florida Legislature’s OPPAGA Report 24-11 (December 2024). The same report counted 1,999 registrants in Hillsborough County in 2024, more than in Pinellas (1,579) or Pasco (872).

Registration violations also produce a steady stream of new felony cases. OPPAGA found roughly 2,200 arrests for registration violations in Florida in 2023. Failing to register, or failing to report a change on time, is a third-degree felony under section 943.0435(9), and each missed report is a separate offense.

Why Do People Plead Without Knowing About Registration?

Many defendants accept a sex offense plea without understanding the registration consequence because courts have long treated registration as a “collateral” consequence that the judge is not constitutionally required to explain. Law professor Jenny Roberts documented this gap in The Mythical Divide Between Collateral and Direct Consequences of Criminal Convictions, 93 Minn. L. Rev. 670 (2008), listing mandatory sex offender registration among the consequences courts have held need not be disclosed before a guilty plea.

Her article argues that the line between “direct” and “collateral” consequences is a fiction, and that a defendant should be warned about any consequence a reasonable person would consider significant to the decision to plead. Registration fits that description. Because the law does not guarantee the warning, our attorneys at The Brancato Law Firm give it ourselves, in writing, before any sex offense plea is entered.

Can a Withheld Sex Offense Be Sealed or Expunged in Florida?

No. Section 943.0584, Florida Statutes, makes a record ineligible for sealing or expunction if it is a conviction for listed offenses, and it defines “conviction” to include a guilty or no contest plea “regardless of whether adjudication is withheld.” The list includes any offense in chapter 794, lewd or lascivious offenses involving a person under 16, offenses under section 847.0135, and “any violation specified as a predicate offense for registration” as a sexual predator or sexual offender.

In an ordinary felony case, a withhold is often the path to a sealed record. On a registrable sex offense, that path is closed, which is another reason the plea decision carries so much weight.

How Can a Sex Offense Case Be Resolved Without Registration?

Registration is avoided only when the case ends without a guilty or no contest plea to an offense on the registration list. These are the paths our attorneys pursue, depending on the evidence:

1. Pre-file advocacy. When a client is under investigation, our representation before charges are filed can present evidence to the State Attorney’s Office before a charging decision is made.
2. Dismissal or a no-file decision. Weak identification, unreliable statements, or a suppressed confession can end a case before any plea is discussed.
3. A plea to a non-registrable offense. Where the facts support it, the negotiation focuses on the charge itself, because the charge, not the sentence, decides registration.
4. Trial. An acquittal carries no registration duty. Rocky Brancato has tried more than 150 jury trials to verdict.
5. Correcting an error after the fact. When a client was told to register or designated a predator in error, our firm reviews the judgment, plea form, and statute in effect on the offense date for a motion to correct.

A withhold can still be valuable on a non-registrable plea. The point is to negotiate the charge first and the withhold second.

What Should You Ask Before Accepting a Withhold on a Sex Charge?

Ask whether the specific statute you are pleading to appears on the registration list, because that answer decides registration regardless of the sentence. Before signing a plea form, get clear answers to these questions:

• Is the offense listed in section 943.0435 or section 775.21, including as an attempt?
• Could this plea, combined with any prior record, qualify me as a sexual predator?
• Will federal SORNA require registration if I move or travel to another state?
• Will this plea make my record permanently ineligible for sealing?
• If I must register, what are my reporting deadlines and how often must I reregister?
• Is there any path to removal later, such as the 25-year petition or Romeo and Juliet relief?

In Hillsborough County, a person who is not taken into custody after a qualifying plea must report in person to the Hillsborough County Sheriff’s Office within 48 hours, under section 943.0435(2). Our Hillsborough County criminal defense attorney page explains how sex offense cases move through the 13th Judicial Circuit, and our guide What Is Sex Offender Registration in Florida? lists every reporting deadline.

Frequently Asked Questions About Withholds and the Sex Offender Registry

Does a no contest plea to a sex offense require registration in Florida?

Yes. Section 943.0435 counts a guilty or no contest plea as a conviction for registration purposes, with or without a withhold. Our attorneys at The Brancato Law Firm treat a no contest plea on a sex charge as the registration decision itself, not a technicality.

Can a withhold of adjudication be undone to get off the sex offender registry?

Not by itself, because the registration duty flows from the plea, not the adjudication. The Brancato Law Firm reviews whether the plea can be vacated in a postconviction motion or whether a statutory removal path applies; our guide Can I Get Off the Sex Offender Registry in Florida? covers each option.

Does a withhold on a sex offense count as a conviction for a sexual predator designation?

Yes. Section 775.21 defines “conviction” to include a plea “regardless of whether adjudication is withheld,” so a withheld prior can count toward a later predator designation. When a predator order was entered in error, The Brancato Law Firm examines the sentencing record for a motion to correct it.

Do I have to register if I received a withhold in Florida and then moved to another state?

Very likely, because federal SORNA treats a Florida withhold with probation as a conviction, and most states apply their own rules on top of it. The Brancato Law Firm can review the Florida judgment before a move so a client knows exactly what the new state and federal law will require.

Can I seal a withheld adjudication for lewd or lascivious conduct in Florida?

No, if the offense involved a person under 16 or is otherwise a registration predicate, section 943.0584 makes the record ineligible for sealing even with a withhold. Our attorneys at The Brancato Law Firm look at the exact statute and subsection in the judgment, because a different charge can produce a different answer on sealing.

Is it worth hiring a lawyer before accepting a sex offense plea offer in Tampa?

Yes, because the plea itself decides registration, sealing, and federal exposure, and none of those consequences can be fixed by a lighter sentence. The Brancato Law Firm reviews plea offers in sex crime cases across Hillsborough, Pinellas, and Pasco Counties; see our sex crimes defense page for how we approach these cases.

Talk to a Tampa Defense Attorney Before You Sign a Sex Offense Plea

A plea offer on a sex charge usually comes with a deadline, and once the plea is accepted, registration follows by law within 48 hours. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before you sign, and our attorneys will tell you in plain terms whether the offer triggers registration and what alternatives the evidence supports. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page. Before you hire any attorney, you can also read Rocky’s book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available on Amazon.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested after an online conversation that turned out to be with a detective, the chat log is now the State’s whole case, and how that conversation started matters as much as how it ended. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and before private practice I handled sex crimes and child abuse cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I later served as Chief Operations Officer overseeing a staff of over 100 attorneys. Our attorneys are currently litigating entrapment motions in Hillsborough County Sheriff’s Office sting cases, and we read every message in the chat before deciding how to fight the charge.

What Is Solicitation of a Child Using a Computer in Florida?

It is knowingly using an electronic device to try to get a child, or someone you believe is a child, into unlawful sexual conduct. Section 847.0135(3), Florida Statutes, covers “a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission,” which includes phones, texting, and dating or social media apps. The statute creates two versions of the offense:

The statute states that “the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense.” That sentence does not eliminate entrapment. It means the use of a decoy is not a defense by itself, and the defense must show how the decoy acted. Our Tampa internet crimes attorney page explains how these investigations are run.

What Are the Penalties for Solicitation of a Child Using a Computer?

The base offense is a third-degree felony, and the penalties grow with the facts and the number of charges. The statute also says that “each separate use” of a device in which an offense is committed “may be charged as a separate offense,” so a multi-day chat can become several counts.

A conviction under section 847.0135, other than subsection (6), makes a person a “sexual offender” who must register under section 943.0435. The two-way communications device offense under section 934.215 is not on that registration list. In negotiated cases, whether a plea is entered to the solicitation charge as filed or to an amended charge can decide whether a client registers for life, so our attorneys check the registration consequence of every offer. Our guide to sex offender registration in Florida covers what registration requires.

How Do Online Sex Stings Work in Tampa Bay?

Most solicitation cases in Hillsborough, Pinellas, and Pasco Counties come from proactive stings, and the volume is large. Internet Crimes Against Children task forces nationwide conducted nearly 347,000 investigations and arrested more than 17,000 offenders in 2025, according to the U.S. Office of Juvenile Justice and Delinquency Prevention, which funds 61 task forces.

In our practice, Hillsborough County Sheriff’s Office stings follow two patterns. In decoy-profile stings, a deputy posts or answers an ad as an adult, then reveals a teenage age once the conversation is under way. In reverse stings, a deputy plays an adult, such as a mother or aunt, who offers access to a child, and those cases often add a human trafficking solicitation count. The leading Florida Supreme Court case on these charges began the same way: in State v. Shelley, 176 So. 3d 914 (Fla. 2015), Dean Shelley answered a Craigslist ad in Hillsborough County posted by an officer posing as a single mother, arranged over several days to meet her and her fictitious ten-year-old daughter, and was arrested when he arrived.

Research suggests sting arrestees differ from offenders who target real children. A study of arrests from July 2000 to June 2001, Police Posing as Juveniles Online to Catch Sex Offenders: Is It Working? by Kimberly Mitchell, Janis Wolak, and David Finkelhor of the University of New Hampshire’s Crimes Against Children Research Center, published in Sexual Abuse: A Journal of Research and Treatment in 2005, found that undercover investigations accounted for 25 percent of arrests for internet sex crimes against minors. Only 4 percent of offenders caught posing as juveniles had a prior arrest for a sexual offense against a minor, compared with 11 percent of offenders who met real victims online. Those numbers are a reason to examine predisposition closely in every sting case.

Can You Use Entrapment as a Defense to Online Solicitation in Florida?

Yes. Florida’s entrapment statute, section 777.201, applies when law enforcement induces a crime using methods that “create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.” Once the defendant presents evidence of a lack of predisposition, the State must rebut it beyond a reasonable doubt. When the chat itself is undisputed, a judge can decide entrapment as a matter of law on a sworn motion to dismiss.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, did exactly that in DeMare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020). A detective created an 18-year-old profile named “Amber” on the dating site Meetme.com, chatted with Jason DeMare as an adult for four days, and revealed she was 14 only when plans became concrete. DeMare “immediately tried to end the relationship,” told her sex would be illegal, and was then repeatedly pressed by the detective. The court found that “his reluctance to violate the law was overcome by law enforcement inducement,” reversed his traveling conviction, and ordered him discharged.

Entrapment does not win every sting case. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), a Sarasota County judge dismissed solicitation and traveling charges on entrapment grounds, but the Second District reversed. The decoy there said she was 14 early and repeatedly, and Ernest Panebianco “readily engaged in sexual discussions”; his worries about police reflected “a fear of being caught rather than an unwillingness,” so predisposition was a question for a jury. The difference between the two cases is in the messages, which is why our attorneys build a timeline of who raised age, sex, and meeting first.

Can You Be Convicted of Both Solicitation and Traveling to Meet a Minor?

Usually not, when both charges rest on the same conduct. In Shelley, the Florida Supreme Court held that the Legislature did not authorize separate punishments for solicitation and traveling after solicitation, and because the elements of solicitation “are entirely subsumed” by traveling, “double jeopardy principles prohibit separate convictions based upon the same conduct.” The court approved vacating Shelley’s solicitation conviction.

In Lee v. State, 258 So. 3d 1297 (Fla. 2018), the court added that, to decide whether solicitation, unlawful use of a two-way communications device, and traveling convictions rest on the same conduct, “the reviewing court should consider only the charging document—not the entire evidentiary record.” In Dettle v. State, 395 So. 3d 1054 (Fla. 2024), the court held that Lee does not apply retroactively to cases already final in 2018, which makes raising the issue at trial and on direct appeal essential. Our attorneys read the charging information count by count for this problem.

What Other Defenses Apply to Computer Solicitation Charges?

Beyond entrapment and double jeopardy, the defense depends on what the messages show and who sent them. Our attorneys look at these issues in every case:

1. No solicitation in the words used. The State must show an attempt to seduce, solicit, lure, or entice, not just sexual talk or fantasy.
2. Belief about age. The State must prove the defendant believed he was talking with a child; an adult profile and an adult photo can undercut that belief.
3. Identity of the sender. Shared phones, shared accounts, and incomplete extractions can leave doubt about who typed the messages.
4. Missing messages. Detectives sometimes preserve screenshots instead of full exports; our forensic review looks for gaps in the conversation.
5. Objective entrapment. Police conduct so outrageous that it violates due process bars prosecution, though courts apply this narrowly.
6. Charge stacking. Separate counts for one continuous conversation, and solicitation plus traveling for the same conduct, can be challenged before trial.

For the related travel charge and vigilante cases, see our posts on what to do if you messaged a minor online, Tampa sex sting defense, and vigilante predator catchers.

What Should You Do If You Are Under Investigation for Online Solicitation?

Stop all contact, preserve your devices, and talk to a lawyer before talking to police. These steps protect the defenses described above:

1. Do not delete anything. Deleting messages or apps can look like consciousness of guilt and can destroy messages that support entrapment.
2. Do not contact the other account again. Every new message is new evidence and may be a separate count.
3. Do not consent to a phone search or interview. Politely decline and ask for a lawyer.
4. Write down the timeline of how the conversation began, which site or app was used, and what the profile said about age.
5. Call counsel immediately. Representation before charges are filed can shape how the State Attorney’s Office views the case.

Frequently Asked Questions About Solicitation of a Child Using a Computer

Is solicitation of a minor a felony if no real child was involved?

Yes, because the statute covers “a person believed by the person to be a child,” and the use of an undercover officer is not a defense by itself. The Brancato Law Firm focuses on how the detective presented the decoy’s age and who pushed the conversation toward sex.

Do I have to register as a sex offender for a computer solicitation conviction?

Yes, a conviction under section 847.0135(3) is a qualifying offense under section 943.0435. Our attorneys at The Brancato Law Firm review whether any plea offer includes an amended charge that avoids registration; see our internet crimes defense page.

Can computer solicitation charges be dropped in Florida?

Yes, charges can be dismissed on a successful entrapment motion, reduced through negotiation, or dropped when the evidence does not prove solicitation. The Brancato Law Firm files sworn motions to dismiss when the chat shows a detective overcame a client’s reluctance, as happened in DeMare.

What if the profile said the person was 18?

An adult profile does not end the case if the decoy later claimed to be a minor, but it is strong evidence on belief and predisposition. Our attorneys at The Brancato Law Firm build the defense around the exact point where age was introduced; our entrapment guide explains why that timing matters.

Can I be charged with traveling to meet a minor if I never got out of my car?

Yes, the traveling statute covers anyone who “travels any distance” or “attempts to do so” after a prohibited solicitation, so driving to the meeting place can be enough. The Brancato Law Firm examines whether the travel was for the purpose the statute requires and whether the solicitation count must be vacated under Shelley.

Can I be charged for each message I sent?

The statute allows each separate use of a device in which an offense is committed to be charged as a separate offense, though one conversation is usually not charged message by message. Our attorneys at The Brancato Law Firm challenge counts that split one continuous conversation into multiple crimes.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Talk to a Tampa Defense Attorney About a Computer Solicitation Charge

The first decision in these cases, whether to file an entrapment motion or negotiate, depends on the full chat, so getting it reviewed early matters. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will start with the complete conversation and the profile that began it. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Registration is usually decided long before anyone mentions it, at the moment a plea form is signed. I learned that in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I handled sex crime and child abuse cases, and I have seen it again over more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend people facing registration consequences, failure-to-register charges, and improper sexual predator designations across Hillsborough, Pinellas, and Pasco Counties.

Who Has to Register as a Sex Offender in Florida?

Anyone convicted of a qualifying sex offense listed in section 943.0435, Florida Statutes, must register as a sexual offender. The qualifying offenses include sexual battery, unlawful sexual activity with a minor under section 794.05, lewd or lascivious offenses under section 800.04, child pornography offenses, online solicitation and traveling to meet a minor, and kidnapping or false imprisonment of a minor, among others. Our Tampa sex crimes attorney page explains how we defend the underlying charges.

The statute defines “convicted” broadly. It means “a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld,” and it includes certain juvenile adjudications. A withhold of adjudication, which avoids a formal conviction for most purposes, does not avoid registration. That is why our attorneys at The Brancato Law Firm look at whether a case can be resolved with a plea to a non-registrable offense before any plea is entered. Once a qualifying plea is accepted, registration follows by law.

Registration also reaches people who move to Florida with a designation from another state. A person who “establishes or maintains a residence in this state” after being designated a sexual predator, sexually violent predator, or other sexual offender elsewhere must register here, “without regard to whether the person otherwise meets the criteria for registration.” Our guide on moving to Florida after registry removal in another state explains why removal elsewhere does not always end the duty here.

How Many People Are on Florida’s Sex Offender Registry?

As of October 2024, there were 86,207 registrants on the Florida registry, including 16,246 designated sexual predators, according to the Florida Legislature’s OPPAGA Report 24-11 (December 2024). Only 30,907 of those registrants, about 36%, lived in Florida communities; the rest were confined, living outside Florida, or had absconded.

The local numbers are substantial. The same OPPAGA report counted 1,999 registrants in Hillsborough County in 2024, compared with 1,579 in Pinellas County and 872 in Pasco County. In Hillsborough, 140 registrants, about 7%, reported only a transient address, which triggers check-ins every 30 days.

What Information Must a Registered Sex Offender Report in Florida?

A registrant must report a long list of personal information in person at the sheriff’s office within 48 hours of establishing a permanent, temporary, or transient residence in Florida, or within 48 hours of release from Department of Corrections custody or supervision. The required information includes name, date of birth, Social Security number, physical description, fingerprints, palm prints, photograph, every residence address, employment information, vehicles owned, home and cell phone numbers, and all email addresses and internet identifiers. A post office box cannot substitute for a physical address.

Within 48 hours after that sheriff’s office report, the registrant must also go in person to a Department of Highway Safety and Motor Vehicles office to obtain or update a Florida driver license or ID card that complies with section 322.141(3). The deadlines for later changes are short:

Every deadline in this table comes from section 943.0435. In our experience, most failure-to-register arrests involve one of these ordinary changes, such as a new job, a new phone, or a few nights at a relative’s home, rather than an effort to hide.

How Often Do Sex Offenders Have to Reregister in Florida?

Most sexual offenders must reregister in person twice a year: during their birth month and during the sixth month after it, under section 943.0435(14)(a). Offenders registered for the more serious offenses listed in section 943.0435(14)(b), including sexual battery under section 794.011 and certain lewd or lascivious offenses involving children under 12 or force, must reregister four times a year, during their birth month and every third month after it.

Sexual predators also reregister four times a year under section 775.21, Florida Statutes. A registrant with only a transient address must report in person every 30 days, in addition to the regular reregistration schedule. The sheriff’s office may set the specific days and times for these appointments.

What Is the Difference Between a Sexual Offender and a Sexual Predator in Florida?

A sexual predator is a registrant whom a court has designated under the Florida Sexual Predators Act because of the seriousness of the offense or a prior qualifying record. The designation is reserved for a capital, life, or first-degree felony qualifying offense, or for a second qualifying felony after a prior qualifying conviction. When the criteria are met, the sentencing court “must make a written finding at the time of sentencing that the offender is a sexual predator,” and the clerk sends the order to FDLE within 48 hours.

The Florida Supreme Court has made clear that the predator designation turns on the conviction, not on a finding of current dangerousness. In Milks v. State, 894 So. 2d 924 (Fla. 2005), the court rejected a procedural due process challenge from two men who argued they were designated without any hearing on whether they were dangerous. The court held that “the only material fact” under the Act is “the fact of a previous conviction,” so a hearing on dangerousness is not required.

There are limits. In State v. Robinson, 873 So. 2d 1205 (Fla. 2004), the defendant was convicted of carjacking and kidnapping after his companion stole a car with a baby in the back seat; Robinson later left the child, still in her car seat, in front of a doctor’s office. The State conceded there was no sexual act or motive, yet the trial court designated him a sexual predator because he had kidnapped a minor. The Florida Supreme Court held that designation unconstitutional as applied, because the crime “indisputably did not contain a sexual element.”

What Happens If You Fail to Register as a Sex Offender in Florida?

Failing to register, failing to report a change on time, failing to reregister, or knowingly giving false information is a third-degree felony under section 943.0435(9), punishable by up to 5 years in prison and a $5,000 fine. Each missed report is a separate offense. The same rules apply to sexual predators under section 775.21.

These cases are common. The OPPAGA report found roughly 2,200 arrests for registration violations in Florida in 2023, and a conviction rate of 45% for 2022 arrests, down from 60% for 2014 arrests. Research also suggests that many violations reflect paperwork failures rather than danger. A 2010 study by Levenson, Letourneau, Armstrong, and Zgoba in Justice Quarterly, covering 2,970 registered offenders, found that failure to register “did not predict sexual recidivism,” with sexual recidivism rates of 11 percent for those who failed to register and 9 percent for compliant registrants, a difference that was not statistically significant.

The defenses depend on the record. Our attorneys at The Brancato Law Firm look at whether the person actually knew of the specific duty, whether the sheriff’s office or FDLE records are accurate, whether a residence change truly occurred, and whether the underlying conviction required registration at all. A charge built on a database mismatch looks very different once the documents are pulled.

Can a Sexual Predator Designation Be Corrected in Florida?

Yes, when the court records show the person did not meet the criteria. In Saintelien v. State, 990 So. 2d 494 (Fla. 2008), a man designated a sexual predator after pleading to attempted sexual battery on a child under 12 challenged the designation with a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The Florida Supreme Court held that a defendant may use a rule 3.800(a) motion to challenge an erroneous sexual predator designation where “it is apparent from the face of the record that the defendant did not meet the criteria.” Saintelien himself lost because his record showed he qualified, but the rule allows these motions at any time.

These corrections require a close reading of the plea, the judgment, the scoresheet, and the statute in effect on the offense date. Our firm has corrected designations where a prior attorney never objected:

Past results do not guarantee future outcomes.

Can You Get Off the Sex Offender Registry in Florida?

Sometimes, but only through specific statutory paths. Registration lasts for life unless the person receives a full pardon, has the qualifying conviction set aside in a postconviction proceeding, or qualifies for one of two removal procedures:

• Romeo and Juliet relief. Under section 943.04354, Florida Statutes, a person convicted under section 800.04, section 827.071, or section 847.0135(5), with no other such conviction, may move for removal if he or she was not more than 4 years older than a victim who was at least 13 and younger than 18. Sexual battery under section 794.011 does not qualify. The State Attorney and FDLE get 21 days’ notice, and a denied motion cannot be refiled.
• The 25-year petition. A sexual offender who has been released from confinement, supervision, or sanction for at least 25 years, with no arrest for any felony or misdemeanor since release, may petition for removal, unless the registration is based on an adult conviction for excluded offenses such as sexual battery under section 794.011 or kidnapping or false imprisonment.

Our detailed guide, Can I Get Off the Sex Offender Registry in Florida?, walks through each path, the federal standards that also apply, and what the court will expect to see.

What Should You Do If the Sheriff Tells You to Register?

Comply on time, then challenge the requirement through counsel. Missing a 48-hour deadline creates a new felony even if the registration duty later turns out to be wrong. These steps protect you:

1. Do not ignore the contact. Note the deadline the deputy gives you and the office where you must report.
2. Call a defense attorney before answering questions. A registration contact can also be the start of a failure-to-register investigation, and our representation before charges are filed can address it early.
3. Gather your records. The judgment, plea form, sentencing order, any predator order, and any out-of-state registration or removal paperwork decide whether the duty applies.
4. Keep proof of every report. Save receipts from the sheriff’s office, the driver license office, and the FDLE online system.

In Hillsborough County, registration and reregistration are handled through the Hillsborough County Sheriff’s Office, and failure-to-register cases are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. Our Hillsborough County criminal defense attorney page explains how those cases move through the courthouse.

Frequently Asked Questions About Sex Offender Registration in Florida

Does a withhold of adjudication still require sex offender registration in Florida?

Yes. Section 943.0435 counts a guilty or no contest plea as a conviction “regardless of whether adjudication is withheld.” The Brancato Law Firm reviews registration exposure before any plea is discussed, because it cannot be undone by a withhold.

How often does a registered sex offender have to check in with the sheriff in Florida?

Twice a year for most sexual offenders, and four times a year for sexual predators and offenders registered for listed serious offenses; transient registrants also report every 30 days. Our attorneys at The Brancato Law Firm check a client’s actual schedule against the conviction, because the wrong schedule can produce a wrong arrest.

Can a registered sex offender use social media in Florida?

Registration itself does not ban social media, but every email address and internet identifier must be reported within 48 hours of first use. The Brancato Law Firm has obtained court-approved internet access for clients whose probation conditions under section 948.30(1)(h), Florida Statutes, barred internet use until a treatment practitioner approved a safety plan.

What happens if a sex offender misses a reregistration appointment in Florida?

A missed reregistration is a third-degree felony, and each missed report is a separate offense. The Brancato Law Firm moves quickly to document why the appointment was missed and to resolve it before an arrest; see our pre-file advocacy page.

Can a sexual predator be removed from the registry in Florida?

Only through a full pardon, a conviction set aside in postconviction proceedings, or Romeo and Juliet relief in limited cases, but an erroneous designation can be corrected to offender status. Our attorneys at The Brancato Law Firm review the original sentencing record for errors a prior lawyer missed.

Do I have to register in Florida if another state removed me from its registry?

Possibly, because Florida applies its own registration criteria rather than simply following another state’s decision. The Brancato Law Firm reviews these situations before the move; our moving to Florida registry guide has more.

How much does a sex offender registration lawyer cost in Tampa?

Fees are quoted on the facts and complexity of the matter, such as a predator correction, a failure-to-register defense, or a question about whether registration applies at all. Because of call volume, The Brancato Law Firm charges for sex offender registration consultations; call (813) 727-7159, or visit our Tampa sex crimes defense page.

Talk to a Tampa Defense Attorney About Registration Before the Deadline

Whether you have a plea offer on the table, a letter from the Sheriff’s Office, or a failure-to-register warrant, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Registration deadlines are measured in hours, and the options narrow once a plea is entered or a deadline passes. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page. Sexual battery is one of the most common triggers for registration; our guide What Is Sexual Battery in Florida? explains the charge, and our age of consent guide covers the age rules behind many registration cases.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Major Crimes Unit attorney who handled sex crime cases, I have watched people who did everything right in another state walk into a Florida felony within days of arriving. I’m Rocky Brancato, and for more than 25 years in Hillsborough County courtrooms I have seen that Florida’s registry follows its own rules, not the rules of the state you left. Our attorneys review a client’s out-of-state judgment, sentence, and discharge papers against Florida’s statute before the client signs a lease here.

Does Florida Recognize Sex Offender Registry Removal From Another State?

Not automatically. Florida has two separate ways to classify someone from another state as a sexual offender, and removal in your old state only answers one of them. Under section 943.0435(1)(h)1., Florida Statutes, you are a sexual offender in Florida if you meet either test:

That second column is where most people get caught. Section 943.0435(11)(b) lets a person registered in Florida only because of an out-of-state designation come off Florida’s registry by providing the order removing that designation, but only if the person “does not meet the criteria for registration under any other” part of the definition. If your conviction is on Florida’s list and you were released after October 1, 1997, the conviction test still applies. The Brancato Law Firm runs both tests on every out-of-state file before giving an answer. Our Tampa sex crimes lawyer page explains how we handle registration and sex offense cases in Hillsborough, Pinellas, and Pasco Counties.

Why Does the October 1, 1997 Date Matter?

October 1, 1997 is the release date that pulls older out-of-state convictions into Florida’s registry. The conviction test applies when a person “has been released on or after October 1, 1997, from a sanction imposed” for a qualifying conviction. The date of the offense and the date of conviction do not control; the date you finished your sentence does.

Under the current statute, a sanction imposed in Florida or any other jurisdiction means probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, contractor-operated facility, or local detention facility. If no sanction was imposed, the person is treated as released on the date of conviction. Someone convicted in 1993 who stayed on probation until 1998 meets the date test, even if the home state let him off its registry years ago. A fine is not on the current list, and our attorneys check the version of the statute in effect on the client’s release date.

Can You Be Required to Register in Florida Even If Your Release Was Before 1997?

Yes, if another state still designates you or would designate you. In Miller v. State, 971 So. 2d 951 (Fla. 5th DCA 2007), a man convicted in West Virginia in 1994 and released from prison in 1996 moved to Florida and did not register. Because his release came before October 1, 1997, the conviction test did not reach him. The Fifth District Court of Appeal held that he still had to register under the separate out-of-state designation provision, because he was required to register in West Virginia, rejected his equal protection challenge, and affirmed. (The residence period was 5 days then; it is 3 days now.)

Miller is the reverse of the removal problem. A pre-1997 release keeps you out of the conviction test, but an active designation in another state brings you in through the designation test, and a post-1997 release brings you in through the conviction test even after your designation is gone. The Brancato Law Firm treats those as two separate questions with two separate sets of documents.

How Fast Do You Have to Register After Moving to Florida?

Within 48 hours. Section 943.0435(2) requires a sexual offender to report in person to the sheriff’s office in the county where he or she establishes a permanent, temporary, or transient residence within 48 hours after establishing it. In Hillsborough County that is the Hillsborough County Sheriff’s Office; in Pinellas and Pasco, it is those counties’ sheriffs.

The definitions in section 775.21, Florida Statutes make a short stay count. A permanent residence is a place where the person lives for 3 or more consecutive days. A temporary residence includes vacation, business, or personal travel destinations where the person stays 3 or more days in the aggregate during a calendar year, and for someone whose permanent home is outside Florida, it also includes a place where the person works or is enrolled as a student for any period. A week of house hunting in Tampa can trigger the 48-hour clock.

What Happens If You Do Not Register in Florida?

Failing to register is a third-degree felony under section 943.0435(9)(a), punishable by up to 5 years in prison, and each failure is a separate offense. For violations committed on or after July 1, 2018, if the court does not impose prison, it must impose mandatory community control with electronic monitoring: at least 6 months for a first offense, 1 year for a second, and 2 years for a third or later offense.

Prosecutions are common. Florida law enforcement made 2,220 arrests for sex offender registration violations in 2023, up from 1,612 in 2014, according to the Legislature’s Office of Program Policy Analysis and Government Accountability in its December 2024 Sex Offender Registration and Monitoring Triennial Review (Report 24-11). The same report counted 86,207 people on Florida’s registry as of October 2024, and 33,465 of them were non-Florida residents, people who remain on Florida’s list even though they live somewhere else.

Federal law adds a second layer. Under 18 U.S.C. section 2250, a person required to register under the federal Sex Offender Registration and Notification Act who travels in interstate commerce and knowingly fails to register faces up to 10 years in federal prison. Our firm does not handle federal cases, but our attorneys flag federal exposure early so a client can get the right lawyer for it.

Can You Get Off Florida’s Registry After You Move Here?

Sometimes, but the paths are narrow. Section 943.0435(11) makes registration lifelong unless the person receives a full pardon, has the qualifying conviction set aside in a postconviction proceeding, or qualifies for one of the statute’s removal routes, such as the 25-year petition for offenders with no arrests since release and no barred adult conviction, or removal under (11)(b) after an out-of-state designation is lifted. A petition based on an out-of-state conviction is filed in the circuit court where the offender lives, and FDLE and the state attorney get notice and can oppose it. Our guide on how to get off the Florida sex offender registry walks through each route.

The numbers show how rare out-of-state removals are. From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry, and 2,282 of them had died. Only 107 were non-residents removed after showing no other state required them to register and they no longer met Florida’s criteria, and 48 were people with out-of-state convictions living in Florida, according to the same OPPAGA report.

Legal scholars have documented the same pattern nationwide. Florida State University law professor Wayne A. Logan, in “Database Infamia: Exit from the Sex Offender Registries,” 2015 Wis. L. Rev. 219, surveyed state relief mechanisms and found that registration laws can target people for their lifetimes while exit options remain limited (FSU College of Law repository). Florida’s own exits, covered above, are just as narrow.

What Should You Do Before Moving to Florida?

Get a Florida legal review before you arrive, and bring the documents that answer both tests. Our attorneys at The Brancato Law Firm ask for these first:

1. The judgment and sentence for the original conviction, showing the exact statute and any probation or parole term.
2. Discharge or release papers showing the date you completed every part of the sanction.
3. Your old state’s removal order or letter, and whether it removed the designation or only ended your duty to register there.
4. Any expungement, sealing, pardon, or set-aside order, because some states seal records without removing the conviction.
5. Your travel plan, including any short visits, because 3 days in Florida can count.

A real example from our files shows why the review matters. A man called our firm after FDLE told him he would have to register in Florida, nearly a decade after his home state removed him from its registry. His offense dated to the early 1990s, but he stayed on probation until 1998, which put his release after October 1, 1997. He was days away from missing the 48-hour deadline and facing a third-degree felony. Once he made Florida his home, he was again required to register, and under Florida law that requirement is generally for life. If you already missed a deadline, our representation before charges are filed can address it before an arrest.

Frequently Asked Questions About Moving to Florida as a Former Registrant

Can a sex offender visit Florida without registering?

A short visit can trigger registration, because a temporary residence includes any place you stay for 3 or more days in the aggregate during a calendar year. The Brancato Law Firm reviews visit plans, including family trips and business travel, before a client books them.

If my home state removed me from its registry, can I move to Florida without registering?

Not necessarily, because Florida’s conviction test applies if your offense is on Florida’s list and you were released from the sanction on or after October 1, 1997. Our attorneys at The Brancato Law Firm compare your out-of-state statute to Florida’s list and confirm the release date; our Tampa sex offense defense work covers these registration reviews.

How long do I have to register a new address in Florida?

You must report in person to the county sheriff within 48 hours after establishing a permanent, temporary, or transient residence. The Brancato Law Firm tells clients to treat the 48 hours as starting the moment the stay qualifies, not the day the move feels permanent.

Does a sealed or expunged conviction in another state end Florida registration?

Not always, because Florida’s out-of-state removal rule requires proof that the designation itself was removed, and some sealing orders do not remove the conviction. Our attorneys at The Brancato Law Firm read the actual order before telling a client whether it satisfies section 943.0435(11)(b); our registry removal guide covers the other routes.

If I register in Florida and later move away, do I stay on Florida’s registry?

Yes, leaving Florida generally does not remove you, which is why OPPAGA counted 33,465 non-Florida residents on the registry in 2024. The Brancato Law Firm explains the 48-hour departure report and what happens to your Florida listing before you leave.

Can a Florida lawyer help me avoid registering?

A lawyer cannot waive a legal duty, but a lawyer can determine whether the duty applies and pursue removal when the law allows it. The Brancato Law Firm gives a written analysis of both Florida tests and, where a removal route exists, files the petition in the right circuit court; see our Hillsborough County criminal defense attorney page for local court information.

Talk to a Tampa Attorney Before You Move

Before you sign a Florida lease or book a moving truck, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. The 48-hour clock starts when your stay qualifies, not when you call a lawyer, so the review should happen first. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida judge can remove a registration requirement only after the petitioner proves every statutory condition from certified records, and even then the judge must be satisfied that the person is not a current or potential threat to public safety. I have spent more than 25 years in Hillsborough County courtrooms, including service in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and I am the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys screen eligibility from the court file before anything is filed, because a denied Romeo and Juliet motion can never be filed again.

Most people who ask whether they can get off the sex offender registry in Florida are barred by the statute itself, most often by a single arrest since release or by the offense of conviction. A registration deputy may have told you to call a lawyer, but deputies process registrations and do not decide eligibility. The six questions below take about two minutes and will tell you where you stand before you spend money. Because of the volume of registry inquiries we receive, our firm does not offer free consultations on registry removal, designation, or out-of-state registration questions.

Can a sex offender get off the registry in Florida?

Yes, through one of four legal routes, and each one has its own gatekeeper. Section 943.0435(11) makes lifetime registration the default and lists the exceptions, section 943.04354 adds the Romeo and Juliet route, and section 943.0435(11)(b) covers people who register here only because another state designated them. The table below shows which route fits which situation.

How many people actually get off Florida’s registry?

Very few people leave Florida’s registry through a court. From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry, and only 22 of them were removed because a qualifying conviction was vacated, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). In the same period, 26 people were removed under the Romeo and Juliet law, 48 were Florida residents with out-of-state convictions, 107 did not live in Florida, and 2,282 had died. OPPAGA’s breakdown does not report a separate figure for the 25-year petition.

The registry is also far larger than the group living in Florida neighborhoods. As of October 2024, only 30,907 people on Florida’s registry lived in Florida communities, according to the same 2024 OPPAGA report; the rest were incarcerated, civilly committed, living out of state, or had absconded. Closer to home, OPPAGA counted 1,579 registered sex offenders in Pinellas County and 872 in Pasco County in 2024.

Start here: six questions that tell you if you are barred

Work through these in order. Each question comes from section 943.0435(11), and if a question stops you, the bar is written into the statute, so no motion can get around it.

Question 1. Are you still in custody or on probation, parole, community control, or any other sanction for the offense?

If yes, stop. The waiting period has not started. The clock runs from release from “confinement, supervision, or sanction, whichever is later,” so it starts when the last piece of the sentence ends, which may be years after you left prison. Count unpaid restitution, fines, or costs if the sanction has not formally terminated.

If no, go to Question 2.

Question 2. Since that date, have you been arrested for anything at all?

If yes, stop. Section 943.0435(11)(a)1. requires that the person “has not been arrested for any felony or misdemeanor offense since release,” and the statute turns on the arrest, whatever the outcome. Charges that were dropped, dismissed, or ended in acquittal still count, and so does an arrest for failure to register. One thing is worth checking: if your FDLE criminal history shows an arrest that never happened or belongs to someone else, that is a records error to correct before anything else.

If no, go to Question 3.

Question 3. Was your registration based on an adult conviction for one of these offenses?

• Kidnapping or false imprisonment under section 787.01 or 787.02
• Sexual battery under section 794.011, other than section 794.011(10)
• Lewd or lascivious battery under section 800.04(4)(a)2., where the court found the victim was under 12 or the sexual activity involved force or coercion
• Lewd or lascivious molestation under section 800.04(5)(b)
• Lewd or lascivious molestation under section 800.04(5)(c)2., where the court found both force or coercion and unclothed genitals or genital area
• A lewd or lascivious offense on an elderly or disabled person under section 825.1025(2)(a)
• An attempt or conspiracy to commit any of these, or a similar offense under another state’s or federal law

If yes, stop. These are permanent bars to the 25-year petition. Registration then lasts for life unless you obtain a full pardon, a postconviction court sets the conviction aside, or a section 800.04 case fits the Romeo and Juliet route described below. Two of the bars apply only where the sentencing court made a specific finding, so if your judgment and written findings do not contain that finding, the bar may not reach you. That is a question for your paperwork, and your memory of the case cannot answer it.

If your only registrable offense was a juvenile adjudication, keep going. These bars apply only to adult convictions.

If no, go to Question 4.

Question 4. Has a judge designated you a sexual predator?

A sexual predator designation is a separate written court order under section 775.21, Florida Statutes, and it appears on your FDLE registration record. If yes, the 25-year petition is not available, because section 775.21(6)(l) requires a predator to register for life unless the person receives a full pardon or has the qualifying conviction set aside. Two doors remain open: a Romeo and Juliet motion, which by its terms applies to sexual offenders and sexual predators, and a motion showing the designation was entered contrary to law, which our firm handles.

If no, go to Question 5.

Question 5. Has it been at least 25 years since the last of your confinement, supervision, or sanctions ended?

If no, stop and do the arithmetic: add 25 years to the date your last sanction ended, and that is the earliest date you can petition. Between now and then, one arrest for anything ends eligibility permanently. If someone told you 20 years, that was the law before July 1, 2007, and three Florida appellate courts, including the Second District Court of Appeal that covers Tampa Bay, now say the 25-year rule governs every petition filed today.

If yes, go to Question 6.

Question 6. Were you removed from another state’s registry, or told you no longer have to register there?

If yes, that relief does not carry over automatically, and your route runs through FDLE rather than a judge. Skip to the out-of-state section below.

If you answered no to every question, you have cleared the automatic bars in the statute. That is uncommon, and it is as far as a checklist can take you. What remains is a discretionary decision made on your records by a particular judge.

What does the 25-year petition require in Florida?

A 25-year petition under section 943.0435(11)(a) requires four things: at least 25 years since release from confinement, supervision, or sanction, whichever is later; no arrest for any felony or misdemeanor since release; no adult conviction on the barred list; and a judge’s decision to grant relief. The Legislature raised the waiting period from 20 to 25 years and added the permanent bars in chapter 2007-209, Laws of Florida, which took effect July 1, 2007.

The judge must make three findings

Meeting the threshold only opens the door. Under section 943.0435(11)(a)3., the court “may grant or deny relief” if the petitioner shows no arrest for any crime since release, shows that relief complies with the federal Adam Walsh Child Protection and Safety Act of 2006 and related federal standards, and the court “is otherwise satisfied that the offender is not a current or potential threat to public safety.” If the court denies the petition, it may set a future date when the person can petition again.

That last finding is where the evidence matters. A U.S. Department of Justice research brief, Recidivism of Adult Sexual Offenders (SMART Office, 2015), summarized a meta-analysis finding that 14 percent of offenders were sexual recidivists after five years, while only 7 percent of those who stayed offense-free for those five years sexually reoffended over the next five. Our attorneys use research like this, together with treatment, employment, and family records, to show a judge what decades without an arrest mean.

Who gets notice and who can oppose the petition

FDLE and the state attorney for the circuit where the petition is filed must receive notice at least 3 weeks before the hearing, and both may present evidence against the petition. FDLE’s right to notice was added in 2024; before that, the statute required notice only to the state attorney. If the court grants relief, FDLE removes the person from classification as a sexual offender once it receives a certified copy of the order.

Where the petition is filed

The petition goes to the criminal division of the circuit court in the circuit where the conviction or adjudication occurred. For an out-of-state conviction, it goes to the circuit where the person lives, or where the person last lived if he or she has left Florida.

How does a registry removal petition work in Hillsborough County?

A Hillsborough County conviction means a petition in the criminal division of the circuit court for the 13th Judicial Circuit, with notice to the State Attorney’s Office for the 13th Judicial Circuit and to FDLE. The steps below follow the statute; the evidence is what changes from case to case.

1. Pull certified records: the judgment and sentence for every qualifying offense, any written findings the sentencing court made, proof of the date every sanction ended, a current FDLE criminal history, and your registration record.
2. Check eligibility against section 943.0435(11)(a) line by line, including the full arrest history and the barred-offense list.
3. File the petition in the criminal division of the circuit court where the conviction occurred.
4. Give the State Attorney’s Office and FDLE notice at least 3 weeks before the hearing.
5. At the hearing, present evidence that you are not a current or potential threat to public safety. The State and FDLE may present evidence in opposition.
6. If the judge grants relief, deliver a certified copy of the order to FDLE, which then removes the registration requirement.

Two of the leading appellate decisions on which version of the statute applies, State v. Korson and State v. Perdomo, discussed below, both came out of Hillsborough County circuit court. In our experience defending failure-to-register cases in Hillsborough County, the arrest bar is the single most common reason a caller who believes he qualifies does not.

Can a juvenile adjudication come off the Florida registry?

Yes, and juvenile registrants have more options than most people are told. A juvenile adjudication triggers registration only if the child was adjudicated delinquent on or after July 1, 2007, was 14 or older at the time of the offense, and committed one of a short list of offenses with specific court findings, under section 943.0435(1)(h)1.d. The permanent bars to the 25-year petition apply only to adult convictions, so a person whose only registrable offense is a juvenile adjudication, even for sexual battery, may petition after 25 arrest-free years. A delinquency adjudication can also qualify for the Romeo and Juliet route.

Two court decisions help juvenile clients. In K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010), the First District ordered a juvenile off the registry because his adjudication of delinquency had been withheld, and the juvenile registration provision reaches only a child who was adjudicated delinquent. In M.B. v. State, 159 So. 3d 960 (Fla. 5th DCA 2015), the Fifth District reversed a juvenile’s registration requirement because the trial court never found that the molestation involved unclothed genitals, and in fact found the opposite; the court said the juvenile provision “must be strictly construed.” Our post on juvenile sex offender registration in Florida covers what parents should do at the disposition stage.

How does Florida’s Romeo and Juliet law remove registration?

The Romeo and Juliet law, section 943.04354, lets a judge remove the registration requirement with no waiting period when the case involved a teenager close in age. It is narrow, and every one of these must be true:

• The conviction, regardless of adjudication, or the delinquency adjudication was for section 800.04, section 827.071, or section 847.0135(5), or a similar offense in another jurisdiction.
• The person has no other conviction or adjudication under section 794.011, 800.04, 827.071, or 847.0135(5).
• Registration is required solely because of that offense.
• The victim was 13 to 17 at the time, and the person was not more than 4 years older than the victim.
• Removal will not conflict with federal law requiring that the sexual act be consensual, notwithstanding the victim’s age.

Sexual battery does not qualify. Chapter 2016-104, Laws of Florida, removed section 794.011 from the qualifying list in 2016, and it now appears only in the disqualifying clause, yet many pages still describe it as eligible. Traveling to meet a minor does not qualify either. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), a man convicted under section 847.0135(3) in a case involving a perceived 14-year-old won a removal order, the trial court later vacated it, and the Sixth District affirmed because his offense was not on the list and he was more than 4 years older than the perceived victim.

Timing and second chances work differently here. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), the Second District reversed the denial of a Romeo and Juliet motion and held that under the current statute a person “may file the motion at any time.” Older decisions such as Clark v. State, 95 So. 3d 986 (Fla. 2d DCA 2012), which required the motion before sentencing, applied the earlier version of the law. Hurtado also notes that successive motions are not authorized: section 943.04354(2)(b) says that if the court denies the motion, the person may not file another one. That is why our attorneys do not file one until the record supports it.

Relief is still discretionary. In State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013), the Fifth District quashed a removal order because the trial court ignored the age requirement, explaining that meeting every criterion is what gives a court discretion to grant relief and that the court must state the basis for its ruling. The State Attorney and FDLE must receive notice at least 21 days before the hearing and may oppose the motion. A person convicted elsewhere must also give the court written confirmation that he or she is not required to register in that jurisdiction.

A granted motion does more than end reporting. Section 943.04354(3) directs FDLE to remove the person’s information from the public registry, and section 775.215(2)(c), Florida Statutes, excludes people removed under the Romeo and Juliet law from the state’s 1,000-foot residency restriction. Our page on Romeo and Juliet registry removal in Florida walks through eligibility in more detail.

How do the 25-year petition and the Romeo and Juliet motion compare?

The two court routes differ on almost every point that decides a case. The table below compares them side by side.

Can a sexual predator get off the registry in Florida?

Rarely. A court-designated sexual predator must register for life under section 775.21(6)(l) unless the person receives a full pardon or has the qualifying conviction set aside in a postconviction proceeding, and FDLE’s published guidance confirms that no statute lets a predator petition to remove the designation. The two realistic paths are a Romeo and Juliet motion, when the case fits that statute, and a motion showing the designation never should have been entered.

Designation errors happen more often than people expect. A predator designation depends on specific qualifying offenses and findings, and when the record does not support them, the order can be challenged by a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Our firm has obtained that relief, as the results table below shows. Our post on removing a wrongful sexual predator designation explains the process, and our Tampa sex crimes defense attorney page covers the underlying charges.

What if you were removed from another state’s registry?

Florida does not automatically honor another state’s removal. Under section 943.0435(11)(b), a person who registers here because of another state’s designation must prove two things: that the designation was removed by court order or by operation of law, and that he or she does not meet any other Florida criteria for registration under section 943.0435(1)(h)1. The second showing defeats most people, because the underlying conviction usually qualifies on its own under Florida law.

This route starts with FDLE, not a circuit judge. In Adams v. State, 37 So. 3d 953 (Fla. 4th DCA 2010), a man asked a Florida court to end his registration after another state removed him; the Fourth District held he first had to petition FDLE under section 943.0435(11)(b), with mandamus in circuit court available if FDLE refused, and it did not decide his full faith and credit or equal protection arguments. FDLE’s own registry FAQ warns that removal from another state’s requirement does not guarantee removal in Florida, and it offers a written case review for people with no registration duty elsewhere or whose offense was a juvenile adjudication. Our post on moving to Florida after registry removal in another state covers this route in depth.

How does federal law (SORNA) affect getting off the registry in Florida?

Federal law sets the floor a Florida judge must respect. Section 943.0435(11)(a)3. allows removal only if relief complies with the Adam Walsh Child Protection and Safety Act of 2006, whose Sex Offender Registration and Notification Act (SORNA) sorts offenders into three tiers. Under 34 U.S.C. § 20915, the full federal registration period is 15 years for Tier I, 25 years for Tier II, and life for Tier III. A Tier I offender who keeps a clean record for 10 years can reduce the period by 5 years, and a Tier III offender whose registration rests on a juvenile adjudication can reduce it from life to 25 years with a clean record.

Florida itself does not label registrants by tier; it classifies people as sexual offenders or sexual predators. Florida’s 25-year waiting period matches the federal Tier II period, and its permanent bars cover the most serious adult offenses. A Florida order ends the Florida registration requirement, so anyone with a federal conviction or plans to live in another state should have that jurisdiction’s rules checked separately.

Does a withhold of adjudication keep you off the registry?

No, not for an adult. Section 943.0435(1)(b) defines “convicted” to include a guilty or no contest plea “regardless of whether adjudication is withheld.” In DeRosa v. Tunnel, 989 So. 2d 1206 (Fla. 4th DCA 2008), a man who received a withhold on lewd and lascivious charges sought relief from registration, and the Fourth District affirmed the denial because the statute expressly counts withheld adjudications after a plea as convictions. Section 943.0436, Florida Statutes, also bars a judge from entering an order, including one approving a plea agreement, that exempts a qualifying person from registration.

That makes the plea stage the real decision point. If you are under investigation or newly charged, the time to avoid registration is before any plea, often through representation before charges are filed or a negotiated charge that does not require registration. Our post on withhold of adjudication and the sex offender registry explains how the rule differs for adults and juveniles.

What happens when a judge grants removal under the wrong law?

The order can be undone, and recent appellate decisions show it happening. Since 2025, three Florida district courts of appeal have said that section 943.0435 is procedural, so the version in effect when the petition is filed, with its 25-year period and permanent bars, controls even for offenses that are decades old.

The Second District: Korson and Perdomo

In State v. Korson, 413 So. 3d 207 (Fla. 2d DCA 2025), a man who pleaded guilty to sexual battery in 1992 and finished probation in 1999 petitioned in Hillsborough County after 20 years, and the circuit court applied the old 20-year statute and removed him. The Second District said the trial court should have applied the current version, which bars adult sexual battery convictions, but dismissed the State’s appeal for lack of jurisdiction. It relied on LaFave v. State, 149 So. 3d 662 (Fla. 2014), in which the Florida Supreme Court held that the State could not use certiorari to review an order ending Debra LaFave’s probation because the order was final and the State had no statutory right to appeal it. Two months later, in State v. Perdomo, No. 2D2024-0857 (Fla. 2d DCA May 16, 2025), another Hillsborough case, the court dismissed again and wrote that, “given the frequency with which the issue presented by the State appears to be arising,” it needed to reiterate that the statute is procedural.

The Fourth and Third Districts: Garcia and Hernandez

In Florida Department of Law Enforcement v. Garcia, No. 4D2025-2547 (Fla. 4th DCA Sept. 2, 2026), a Broward County man who pleaded to sexual battery in 1991 and finished supervision in 2000 filed a second removal petition in July 2024, and a successor judge granted it. FDLE, which was not a party, moved to vacate the order under section 943.0436(3), and the trial court ruled that FDLE lacked standing. The Fourth District reversed. It held that a removal petition is a civil regulatory proceeding, so the order was appealable; that FDLE has standing to challenge an order affecting its duty to maintain the registry; and that because Garcia had not reached 20 years when the law changed in 2007, he had only “a mere expectation based on an anticipation of the continuance of an existing law, which is not a vested right.” The court directed the trial court to vacate and strike the removal order.

On September 30, 2026, the Third District followed Garcia in State v. Hernandez, No. 3D2024-1122 (Fla. 3d DCA Sept. 30, 2026). Hernandez received a withhold in 1992 on charges that included lewd and lascivious assault on a child, finished supervision in June 2002, and petitioned in March 2024 under the old 20-year rule, and the Miami-Dade circuit court granted removal. The Third District reversed and ordered the trial court to deny the petition and restore him to the registry, without prejudice to a future petition once he meets the statute then in effect. It agreed with Garcia that these proceedings are civil and declined to follow Korson on that point.

What these decisions mean for a Tampa Bay petition

Three points follow for anyone filing in Hillsborough, Pinellas, or Pasco County. First, the Second, Third, and Fourth Districts now agree that the 25-year statute applies to petitions filed today. Second, a granted order is less final than it looks: section 943.0436(3) gives an affected agency 1 year after receiving an order to move to modify or set it aside, and Garcia holds that FDLE may use that power, and trial courts also correct their own errors, as the Maxey court did. Third, the courts still disagree on whether the State can appeal, because Korson treats these proceedings as criminal while Garcia and Hernandez treat them as civil, and Korson remains the Second District’s rule unless that court or the Florida Supreme Court changes it. Garcia and Hernandez each carry the court’s standard notice that the opinion is not final until any timely rehearing motion is resolved. Our attorneys build every petition on the current statute so that a granted order holds up.

What does getting off the registry do, and what does it not do?

Removal ends the duty to register and report, and the conviction itself stays on the record. The table below shows the practical effect.

Our firm does not handle clemency or firearm rights restoration applications. The Florida Commission on Offender Review investigates clemency requests for the Board of Executive Clemency, and we can point you to the right starting place.

What registry and designation results has our firm obtained?

Our attorneys have corrected and removed sexual predator designations and resolved an out-of-state registration problem, as the published results below show.

Past results do not guarantee future outcomes.

When should you start a registry removal case?

Start before you are eligible. For a 25-year petition, any arrest before the hearing can end eligibility, certified records from older cases can take time to locate, and the State and FDLE get at least 3 weeks of notice before any hearing, so the record review should begin well before your 25-year date. For a Romeo and Juliet motion there is no deadline, but there is only one motion, so it should be filed only when the record is complete.

What does our firm charge for registry removal?

Our attorneys file 25-year removal petitions under section 943.0435(11), Romeo and Juliet motions under section 943.04354, and motions to correct offender and predator designations entered contrary to law. We do not offer free consultations on registry removal, designation, or out-of-state registration questions; a half-hour consultation is $350, payable in advance. If we determine you qualify and you retain us, we quote a flat fee for the work and credit the $350 toward it. Before you pay for anything, work through the six questions above, because if the statute forecloses your petition, a consultation cannot change that, and we will tell you so.

We review by records, not by phone: the certified judgment and sentence for every qualifying offense, proof of the date your sanctions ended, your complete arrest history, and your current FDLE registration record.

If you are looking for information, support, or others in your situation rather than legal counsel, the Florida Action Committee is a Florida membership organization for registrants and their families. It is not a law firm.

Frequently asked questions

Can you get off the sex offender registry early in Florida?

Only through the Romeo and Juliet law, a full pardon, or a vacated conviction, because the 25-year petition has no early version. Our attorneys at The Brancato Law Firm check every Romeo and Juliet requirement against the court file before filing, since section 943.04354 allows only one motion; our page on who qualifies for Romeo and Juliet removal lists the criteria.

Does Florida use Tier 1, Tier 2, and Tier 3 sex offender levels?

No. Florida classifies people as sexual offenders or sexual predators, and the three tiers come from federal law under SORNA. The Brancato Law Firm looks at the federal tier because a Florida removal order must comply with the Adam Walsh Act.

How much does it cost to get off the sex offender registry in Florida?

No fee or payment buys removal; only the legal routes described above can end registration, and a court or FDLE decides them. At The Brancato Law Firm, a half-hour registry consultation is $350, credited toward a flat fee quoted after we review your records if you qualify and retain us; our sex crimes defense team page describes how we handle related cases.

How long does it take to get off the registry after a petition is filed?

The statute fixes only one step: FDLE and the State Attorney must receive notice at least 3 weeks before the hearing, and the rest depends on the court’s calendar and how quickly certified records arrive. The Brancato Law Firm gathers the certified records before filing so the hearing is not delayed waiting for documents.

Does a dismissed charge count as an arrest for registry removal?

Yes. Section 943.0435(11)(a)1. bars anyone “arrested for any felony or misdemeanor offense since release,” so the arrest counts even if the charge was dropped or ended in acquittal. The Brancato Law Firm pulls the full FDLE criminal history first, because an arrest that never happened or belongs to someone else is a records error that must be fixed before filing.

Can you seal or expunge a sex offense in Florida after getting off the registry?

No. Section 943.0584(2)(hh) makes any offense that is a predicate for sexual offender or sexual predator registration ineligible for court-ordered sealing or expunction. The Brancato Law Firm explains this at the start so clients know removal ends registration duties while the record stays public; our post on sex offender registration in Florida covers the duties themselves.

Do you need a lawyer to petition for removal from the sex offender registry?

The statute does not require one, but FDLE and the State Attorney can oppose the petition, and a denied Romeo and Juliet motion can never be refiled. The Brancato Law Firm’s Tampa sex crimes lawyers prepare the record, the evidence, and the legal argument so the judge has a complete basis to grant relief.

Can a lawyer tell me over the phone whether I qualify?

No, because eligibility turns on documents: the exact offense of conviction, the sentencing court’s findings, the date each sanction ended, and your full arrest history. The Brancato Law Firm answers that question from certified records in a paid consultation rather than guessing from a phone description.

Talk to our attorneys before you file

The first thing our attorneys do on a registry case is pull the certified judgment, the sentencing findings, and the FDLE record, because the answer is in the paperwork. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, handles registry removal, Romeo and Juliet, and designation cases for clients in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 to schedule a records review; any arrest before your hearing ends eligibility for good, so start well before your 25-year date. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This page provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship.

If a detective has called about your relationship with a 16- or 17-year-old, or you have already been charged under section 794.05, the birth dates and the dates of contact in the police report will shape every decision that follows. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I learned how these cases are built in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases, and I have tried more than 150 jury trials to verdict over more than 25 years in Hillsborough County courtrooms. Our attorneys defend section 794.05 charges across Hillsborough, Pinellas, and Pasco Counties, starting with the ages, the dates, and the scoresheet.

What does Florida Statute 794.05 say?

Section 794.05, Florida Statutes, titled “Unlawful sexual activity with certain minors,” makes it a second-degree felony for “a person 24 years of age or older” to engage in sexual activity “with a person 16 or 17 years of age.” People also call this charge sexual conduct with a minor, unlawful sexual conduct with a minor, or statutory rape, but section 794.05 is the statute on the charging document. Our Tampa sex crimes lawyer page explains how The Brancato Law Firm defends this charge and the related offenses below. Florida law defines a minor as anyone who has not turned 18, under section 1.01(13), Florida Statutes, so a 17-year-old is still a minor.

The Florida standard jury instruction for this charge, Instruction 11.7, lists three elements the State must prove beyond a reasonable doubt:

Section 794.05 has four more provisions that matter in practice. Sexual activity “does not include an act done for a bona fide medical purpose.” The statute does not apply to a 16- or 17-year-old “who has had the disabilities of nonage removed under chapter 743,” which includes a married minor. The minor’s “prior sexual conduct is not a relevant issue” in the prosecution. And if the offense results in a birth, paternity is established under chapter 742, and an offender found to be the father must pay child support under chapter 61. Our attorneys at The Brancato Law Firm build a timeline of both people’s ages against every alleged act before anything else, because a one-day error on either birthday can take a count outside the statute.

The 24-year line has been tested in court. In State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999), a trial judge in the Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, dismissed a section 794.05 charge as a denial of equal protection. The Second District reversed and held the statute constitutional, finding it “reasonably related to the goal of protecting minors from sexual exploitation by adults.” Florida’s line is unusually high. A 2004 U.S. Department of Health and Human Services report prepared by The Lewin Group, Statutory Rape: A Guide to State Laws and Reporting Requirements, found that 16 states set a minimum age for the accused, and Florida’s 24 was the highest listed.

Is consent a defense to unlawful sexual activity with a minor?

No. The elements of section 794.05 say nothing about consent, so if the State proves the ages and the act, the minor’s willingness does not defeat the charge. Florida courts treat section 794.05 as a strict liability crime, which means the State does not have to prove the accused knew the minor’s age or intended to break the law.

A mistake about age is not a defense either. Section 794.021, Florida Statutes, says that when a crime in chapter 794 depends on the victim’s age, “ignorance of the age is no defense,” and neither is “misrepresentation of age” or “a bona fide belief” that the person was older. A fake ID or a dating profile that says 18 does not change the legal answer. Our post on ignorance of the victim’s age in Florida covers this rule across other sex offenses.

Two appellate cases apply that rule directly to section 794.05. In Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004), a man convicted of sexual activity with a 17-year-old asked for jury instructions requiring proof that he knew her age and acted with criminal intent. The Fourth District held that “the legislature left no doubt as to its intention that this offense be treated as a strict liability crime,” and affirmed. In Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006), a 26-year-old whose relationship began two months after the girl’s 17th birthday argued that punishing him without proof he knew her age violated due process. The First District rejected that challenge and affirmed. Because the law closes these doors, The Brancato Law Firm puts the defense where the State still carries the burden: the ages, the dates, and whether the act happened.

What are the penalties for unlawful sexual activity with a minor in Florida?

Unlawful sexual activity with a minor is a second-degree felony carrying up to 15 years in prison under section 775.082, Florida Statutes, and a fine of up to $10,000 under section 775.083, Florida Statutes. The legal ramifications reach well past the sentence itself.

Section 794.05 carries no mandatory minimum sentence. The real floor comes from the Criminal Punishment Code scoresheet, explained in the next section, and that is where our attorneys at The Brancato Law Firm do much of their sentencing work.

How does the Florida scoresheet score a section 794.05 conviction?

The scoresheet usually calls for prison, even for a person with no record, because Florida adds points for the sexual act itself. Section 921.0022, Florida Statutes, ranks section 794.05(1) as a Level 6 offense, worth 36 points. Section 921.0021(7)(b), Florida Statutes, then requires 80 points for sexual penetration “regardless of whether there is evidence of any physical injury,” or 40 points for sexual contact without penetration. Under section 921.0024, Florida Statutes, any total above 44 points produces a minimum prison sentence: subtract 28 and multiply by 0.75.

The difference between penetration and union is worth fighting over. In Neira v. State, 847 So. 2d 1134 (Fla. 4th DCA 2003), a 17-year-old testified that she had consensual intercourse with the defendant, and he denied penetration. The judge scored 80 penetration points instead of 40 contact points, which raised the lowest permissible sentence from 36 months to 66.15 months, and imposed 66.15 months. The Fourth District affirmed, holding that the jury did not have to make a separate penetration finding for scoresheet purposes, and certified the question to the Florida Supreme Court as one of great public importance. The lesson for anyone charged today: the nature of the act decides roughly two and a half years of the minimum sentence, so The Brancato Law Firm contests it with the evidence, the charging language, and the verdict form.

Section 794.05 cases are far less common than other sex charges, and a high score does not always mean prison in Hillsborough County. Scoresheets received by the Florida Department of Corrections (FDC) for sentences from July 1, 2023, through June 30, 2024, cited section 794.05 62 times, compared with 589 for section 800.04 and 472 for section 794.011, according to the FDC report Florida’s Criminal Punishment Code: Assessment and Analysis (2024). The same report shows that in fiscal year 2023-24, Hillsborough County judges sentenced 2,235 of the 3,594 felony scoresheets of all types that scored more than 44 points and recorded a sanction to county jail, probation, or community control instead of state prison.

Can a judge sentence below the scoresheet if the teen was a willing participant?

Yes. Consent is not a defense at trial, but Florida law lets a judge consider it at sentencing. Section 921.0026(2)(f), Florida Statutes, lists as a mitigating circumstance that “the victim was an initiator, willing participant, aggressor, or provoker of the incident,” and that ground can support a downward departure, meaning a sentence below the scoresheet minimum.

The Florida Supreme Court settled the question in State v. Rife, 789 So. 2d 288 (Fla. 2001). Ronald Rife was convicted of three counts of sexual battery on a 17-year-old who had moved into his home, under a statute that says the minor’s willingness “is not a defense.” Both testified the relationship was consensual and that they planned to marry when she turned 18. His scoresheet minimum was 297.4 months, about 24 years, and the trial judge departed to 102 months followed by 10 years of probation. The court approved the departure, holding that judges are not barred as a matter of law from relying on a minor’s willing participation, while cautioning that the judge must weigh “the victim’s age and maturity and the totality of the facts” and that a young person’s failure to resist “is not the same as willing participation.”

The Second District applied that rule to a section 794.05 case in Rivera v. State, 1 So. 3d 1158 (Fla. 2d DCA 2009). Nelson Rivera pleaded no contest to unlawful sexual activity with a minor and received 10 years in prison. He later claimed his lawyer never presented mitigation, including that the girl had lied about her age. The Second District reversed the summary denial of his claim and sent it back for further proceedings, noting that the sentencing court could have considered her willing participation as mitigation under Rife, even though her misrepresentation of age was no defense to the charge. Mitigation only helps if someone builds it and presents it, which is why The Brancato Law Firm prepares a written mitigation package, with records and witnesses, before any sentencing hearing. Our guide to how to get a downward departure in Florida explains the other legal grounds.

Does a 794.05 conviction require sex offender registration?

Yes. Section 943.0435, Florida Statutes, lists section 794.05 as a qualifying offense, and it defines “convicted” to include a guilty or no contest plea “regardless of whether adjudication is withheld.” A withhold of adjudication, which avoids a formal conviction for most other purposes, does not avoid registration here.

• Initial registration: in person at the sheriff’s office within 48 hours after conviction, or within 48 hours after release from Department of Corrections custody.
• Reregistration: in person twice a year, during the birth month and six months later. Section 794.05 is not on the list of offenses that require reporting every three months.
• Duration: for life, unless a court grants removal. Section 943.0435(11) allows a petition after at least 25 years from release from confinement or supervision, with no arrest for any felony or misdemeanor since release.
• Sexual predator risk: under section 775.21, Florida Statutes, a section 794.05 conviction can lead to sexual predator designation when the person has a prior conviction for a listed sex offense.

Where a person can live depends on whether they are on supervision. Florida’s statutory 1,000-foot residency restriction, section 775.215, applies to listed offenses where the victim was under 16, and section 794.05 is not on that list. Probation is different. For a chapter 794 offense, section 948.30, Florida Statutes, requires a 10 p.m. to 6 a.m. curfew, sex offender treatment at the probationer’s expense, and, when the victim was under 18, a ban on living within 1,000 feet of a school, child care facility, park, or playground and on contact with children under 18 without court approval. Our post on sex offender probation rules in Florida covers those conditions in detail.

Registration touches thousands of people in Tampa Bay. As of October 2024, 1,999 registered sex offenders lived in Hillsborough County communities, 1,579 in Pinellas County, and 872 in Pasco County, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability in Report 24-11 (2024). Because registration follows a plea as surely as a guilty verdict, our attorneys at The Brancato Law Firm look first for a resolution to an offense that does not require registration, as several of the results below show. Our guide to sex offender registration in Florida explains the reporting rules.

Does Florida’s Romeo and Juliet law apply to section 794.05?

No. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a court remove the registration requirement only for convictions under section 800.04, section 827.071, or section 847.0135(5), and only when the minor was 13 to 17 and the offender was not more than 4 years older. Section 794.05 is not on that list. The age math rules it out anyway: a person 24 or older is always more than 4 years older than a 16- or 17-year-old.

The Romeo and Juliet law is also not a defense to any charge; it only affects registration after a conviction for a qualifying offense. For a section 794.05 registrant, the realistic path off the registry is the 25-year petition described above. Our Romeo and Juliet registry removal guide explains who qualifies, and our article on the age of consent in Florida lays out which age combinations are legal. The Brancato Law Firm reviews registration consequences, including any removal path, before a client decides on a plea.

How is section 794.05 different from lewd or lascivious battery and sexual battery?

The younger person’s age and whether there was consent decide which statute applies. Section 794.05 covers only 16- and 17-year-olds with a partner 24 or older. Section 800.04, Florida Statutes, covers anyone under 16, whatever the other person’s age. Section 794.011, Florida Statutes, the sexual battery law, covers acts without consent and acts by a parent or other person in familial or custodial authority.

The scoresheet also separates these charges. Section 921.0022 ranks lewd or lascivious battery at Level 8, two levels above section 794.05, so the same act scores higher when the younger person is 15 than when the younger person is 16. A claim that a 16- or 17-year-old did not consent changes the case entirely, because it turns a second-degree felony into a first-degree sexual battery charge. Our guides on how to fight a lewd and lascivious charge and how to fight a sexual battery charge in Florida cover those statutes, and The Brancato Law Firm defends every charge in this group.

What defenses work against an unlawful sexual activity charge?

The strongest defenses attack the facts the State must prove: the two ages, the dates, and the act. These are the issues our attorneys work through in every section 794.05 case.

1. The accused was under 24 on the date of the act. Section 794.05 does not reach a 23-year-old. We match the accused’s birth date against each alleged date, because acts before the 24th birthday fall outside the statute even if later acts do not.
2. The minor was not 16 or 17 on that date. The State must prove the minor’s age with competent evidence, usually birth records. If the minor had turned 18, section 794.05 does not apply; if the minor was 15 or younger, the charge is the wrong statute, and the State must charge and prove a different offense.
3. No sexual activity as the statute defines it. Kissing or touching that is not penetration or union is not “sexual activity” under section 794.05. Whether the act was penetration or union also changes the scoresheet by 40 points.
4. The accusation is not reliable. Many of these cases rest on one person’s account. We collect texts, social media, location data, and school and work records that confirm or contradict the timeline, and we look for reasons the account changed.
5. The minor was emancipated or married. Section 794.05 does not apply to a minor whose disabilities of nonage were removed, and section 743.01, Florida Statutes, removes them for a minor who is or has been married. In Hodge, the Fourth District held this exception is an affirmative defense, so the accused must come forward with evidence of it. Under current law, section 741.04, Florida Statutes, allows a Florida marriage license for a 17-year-old only with parental consent and a spouse no more than 2 years older, so this defense mostly arises from out-of-state marriages or court-ordered emancipation.
6. The statement or controlled call can be challenged. Many cases are built on an interview or a recorded call that the minor or a parent makes at a detective’s direction. Our article on fighting a false confession in a Florida sex crime case explains how we challenge those statements.
7. Mitigation, if the facts are proven. When the evidence is strong, the willing participation mitigator under Rife, the client’s history, and treatment evaluations can support a sentence below the scoresheet or a negotiated plea to an offense that does not require registration.

A defense does not need a dramatic theory to work. In a case involving a 27-year-old and a 16-year-old, The Brancato Law Firm won a dismissal by showing that the accuser’s account did not hold together, as the results below show.

What should you do if a detective calls about a 16- or 17-year-old?

Decline the interview and call a defense lawyer before you say anything. In a section 794.05 investigation, consent is not a defense, so an admission that a relationship existed can supply most of the State’s case. Detectives often keep the tone friendly and say they “know it was consensual,” and some cases begin with a controlled call from the minor or a parent before any contact from police.

• Do not call, text, or message the minor or the minor’s family about the allegation.
• Do not delete anything. Messages and photos that show dates can prove when a birthday passed or when contact stopped.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

The weeks before an arrest are the best time to act. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office before it decides whether to file.

If an arrest has already happened in Hillsborough County, expect to stay in jail until a judge sees you. Section 903.011, Florida Statutes, bars release before first appearance for anyone arrested for a second-degree felony, and the 13th Judicial Circuit’s 2026 bond schedule, Administrative Order S-2025-063, leaves second-degree felonies for a judge to decide. In Hillsborough County, first appearance happens within 24 hours of arrest, by video from the jail, and the judge usually sets no-contact conditions along with any bond. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in cases involving 16- and 17-year-olds

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About Unlawful Sexual Activity With a Minor

Can unlawful sexual activity charges be dropped if the teen does not want to cooperate?

They can, but the decision belongs to the State Attorney’s Office, not the minor or the minor’s parents. The Brancato Law Firm has had an unlawful sexual conduct charge involving a 16-year-old dismissed, and a case involving a 17-year-old closed with a letter of release that reflected the alleged victim’s wishes, and our sex crimes defense attorneys push for that outcome from the first week.

Is all sexual activity between an adult and a minor illegal in Florida?

No. Consensual sexual activity between a 16- or 17-year-old and an adult partner under 24 does not violate section 794.05, although other laws, such as those covering school employees, custodial adults, and explicit images, can still apply. The Brancato Law Firm checks every one of those statutes against the facts, and our guide to the Florida age of consent maps the age combinations.

What charge applies if the younger partner is 15 instead of 16?

Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04(4), a second-degree felony, whether the other person is 18, 23, or 40, and consent is not a defense. Our attorneys at The Brancato Law Firm defend those cases with the same focus on ages and dates, as our article on lewd and lascivious charges in Florida explains.

What is the minimum sentence for unlawful sexual activity with a minor in Florida?

There is no mandatory minimum, but a single count involving penetration scores a lowest permissible sentence of 66 months in prison for a person with no record. The Brancato Law Firm attacks the penetration points and builds departure grounds, such as willing participation under State v. Rife, as described in our guide to downward departures in Florida.

Does a withhold of adjudication avoid sex offender registration for section 794.05?

No. Section 943.0435 requires registration for a section 794.05 plea or verdict “regardless of whether adjudication is withheld.” That is why The Brancato Law Firm negotiates toward offenses that carry no registration requirement, and our page on Florida sex offender registration lists what registrants must report.

Can a woman be charged with unlawful sexual activity with a minor in Florida?

Yes. Section 794.05 applies to “a person 24 years of age or older,” so it covers women and men equally, and it applies whether the minor is a boy or a girl. The Brancato Law Firm defends women and men accused under this statute, often through pre-file advocacy that starts before any arrest.

Can I be charged if I did not know my partner was 17?

Yes. Section 794.021 makes ignorance of age, a lie about age, and a good-faith belief that the person was older no defense. The Brancato Law Firm still documents what the accused was told and shown, because those facts can matter in plea negotiations and at sentencing, as our post on mistake of age in Florida sex cases explains.

Talk to a lawyer before you talk to the detective

Our attorneys start by contacting the detective so you are never interviewed alone, then lock down the birth dates, messages, and records that decide whether section 794.05 even applies. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends unlawful sexual activity charges from the first phone call through trial and sentencing. The days before an arrest are when our attorneys can do the most, so call (813) 727-7159 now for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

In a typical Florida age-of-consent prosecution, the State’s case rests on two birth dates and whatever the accused told a detective, because the younger person’s willingness is not a defense. I saw how these cases are built, and where they come apart, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys defend people accused of sex offenses involving teenagers across Hillsborough, Pinellas, and Pasco Counties, starting with the first call from a detective.

What is the age of consent in Florida?

The age of consent in Florida is 18, but no single statute says so. The rule comes from three laws read together: section 794.05, Florida Statutes, for 16- and 17-year-olds; section 800.04, Florida Statutes, for anyone under 16; and section 794.011, Florida Statutes, the sexual battery law, for any sexual act without consent. These statutes apply in every Florida county, so the answer is the same in Tampa, Miami, or Orlando.

Two rules apply whenever the younger person is a minor these statutes protect. First, the minor’s agreement does not count: section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Second, a mistake about age does not help. Under section 794.021, Florida Statutes, “ignorance of the age is no defense,” and neither is a lie about age or “a bona fide belief” that the person was older. Section 800.04(3) applies the same rule to children under 16. The table below shows how Florida law treats the most common age combinations.

Our attorneys at The Brancato Law Firm start every one of these cases by fixing both people’s ages on the date of each alleged act, because the row that applies decides the charge, the penalty, and whether registration follows.

Can a 16- or 17-year-old legally date someone 18 to 23 in Florida?

Yes. Florida has no law against dating at any age, and section 794.05 makes sexual activity with a 16- or 17-year-old a crime only when the older person is 24 or older. A 16-year-old and an 18-year-old, a 17-year-old and a 19-year-old, or a 17-year-old and a 23-year-old do not violate section 794.05 when both consent.

• 16 and 18: not a crime under section 794.05.
• 17 and 19, or 17 and 20: not a crime under section 794.05.
• 16 and 23: not a crime under section 794.05.
• 17 and 24: a second-degree felony for the 24-year-old.
• 15 and any age: a felony under section 800.04, covered below.

The older partner’s birthday can change the answer overnight. A relationship that starts when the older partner is 23 becomes a felony for any sexual activity on or after the older partner’s 24th birthday while the younger partner is still 16 or 17. The State has to prove the date of each act, and The Brancato Law Firm holds prosecutors to that proof.

Section 794.05 also has one narrow exception. Subsection (3) says its provisions “do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743,” which is Florida’s process for legally emancipating a minor. Being outside section 794.05 does not protect every part of a relationship. Photos, school and family authority, and disputed consent fall under other statutes, explained in the section on what consent does not cover below.

What happens if the older partner is 24 or older?

A person 24 or older who has sexual activity with a 16- or 17-year-old commits unlawful sexual activity with certain minors, a second-degree felony under section 794.05(1). The maximum sentence is 15 years in prison under section 775.082, Florida Statutes, and the maximum fine is $10,000 under section 775.083, Florida Statutes. A conviction requires sex offender registration under section 943.0435, Florida Statutes, which lists section 794.05 as a qualifying offense and counts a plea “regardless of whether adjudication is withheld.”

“Sexual activity” has a specific meaning in section 794.05: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or penetration by any other object. Kissing or touching that does not meet that definition is not a section 794.05 offense. The statute also says the 16- or 17-year-old’s “prior sexual conduct is not a relevant issue,” and if the offense results in a birth, paternity is established under chapter 742 and an offender found to be the father must pay child support. Our full guide to unlawful sexual activity with a minor in Florida covers the elements, penalties, and defenses in detail, and our Tampa sex crimes defense attorney page explains how our firm approaches these charges.

The 24-year line exists because of a Florida Supreme Court case. In B.B. v. State, 659 So. 2d 256 (Fla. 1995), a juvenile case that reached the court from the Second District Court of Appeal, both teenagers were 16, and the State prosecuted one of them under the old version of section 794.05, which applied to “any person.” The court held the statute unconstitutional as applied to a minor, because the State had not shown that prosecuting one 16-year-old for consensual sex with another was the least intrusive way to protect minors. In 1996, the Legislature rewrote section 794.05 so that it applies only to a person 24 or older (chapter 96-409, Laws of Florida).

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, then upheld the new age line in State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). The court held that limiting criminal responsibility to people 24 and older is not arbitrary, because the Legislature could decide that people in that group “were more likely than others to understand the consequences of their actions and to cause harm to minors.” With the age line settled, The Brancato Law Firm focuses these defenses on the facts the State must prove: the act, the dates, and the ages.

Is sex with someone under 16 always a crime in Florida?

Yes. Under section 800.04(4), sexual activity with a person 12 to 15 years old is lewd or lascivious battery, a second-degree felony, no matter how old the other person is. Section 800.04 has no close-in-age exception, so an 18-year-old with a 15-year-old and a 17-year-old with a 14-year-old can both be charged. Touching a person under 16 in a lewd or lascivious manner, without sex, can be charged as lewd or lascivious molestation or lewd or lascivious conduct.

The Florida Supreme Court rejected the argument that a willing teenager changes the result in Jones v. State, 640 So. 2d 1084 (Fla. 1994). One defendant was 18, and in the companion case two men aged 19 and 20 had sex with 14-year-old girls who, the parties agreed, consented. The court upheld section 800.04, holding that “neither the level of intimacy nor the degree of harm are relevant when an adult and a child under the age of sixteen engage in sexual intercourse.”

Teenagers can be charged too. In J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998), two 15-year-old boys were charged after consensual sexual activity with two 12-year-old girls. The court held that section 800.04 could be applied to them in the juvenile system, because the State’s interest in protecting 12-year-olds outweighed the older teens’ privacy interest. Penalties under section 800.04 range from a third-degree felony for some offenders under 18 to a life felony for an adult accused of molesting a child under 12; our guide on how to fight a lewd and lascivious charge in Florida breaks down each tier.

Research shows how often these cases involve people who already know each other. A U.S. Office of Juvenile Justice and Delinquency Prevention bulletin, Statutory Rape Known to Law Enforcement (2005), analyzed 2000 National Incident-Based Reporting System data and found that 95% of statutory rape victims were female and almost 3 of every 5 were 14 or 15 years old. Three in 10 offenders were boyfriends or girlfriends and 6 in 10 were acquaintances, and an arrest occurred in 42% of incidents. Because so many of these cases grow out of an existing relationship, our attorneys at The Brancato Law Firm look closely at the messages and timeline between the two people.

Does Florida have a Romeo and Juliet law?

Yes, but it does not make any relationship legal and it is not a defense to a charge. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a person who was close in age to the minor ask a court to remove the requirement to register as a sexual offender after a conviction. The closest thing Florida has to a close-in-age rule for the crime itself is the under-24 line in section 794.05.

Section 794.05 is not on the list. A person convicted of unlawful sexual activity with a 16- or 17-year-old cannot use the Romeo and Juliet law, and a 24-year-old is always more than 4 years older than a 16- or 17-year-old in any event. For that person, the main path off the registry is the general petition under section 943.0435(11), which requires at least 25 years after release from all confinement and supervision with no arrest for any felony or misdemeanor.

Courts apply the statute strictly. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), a Hillsborough County judge denied a Romeo and Juliet motion without explaining why. The Second District reversed, holding that the current statute allows the motion to be decided at a hearing after sentencing and that a denial without reasons cannot stand, and it noted that “[s]uccessive motions to remove the registration requirement are not authorized.”

A 2026 decision shows the limits. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), an Orange County judge had granted registry removal to a man who was 28 when he committed an online solicitation offense under section 847.0135(3) involving a person he believed was 14. The judge later vacated that order, and the Sixth District affirmed: his offense was not on the statute’s list and he was more than 4 years older, so the court had no discretion to grant relief. Because the offense of conviction decides whether this relief exists at all, our attorneys at The Brancato Law Firm weigh registration consequences, including Romeo and Juliet eligibility, before any plea.

Relief under this law is rare. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 1,999 registered sex offenders lived in Hillsborough County communities, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry; 2,282 of them had died, and 26 were removed under the Romeo and Juliet law.

The pattern is older than that report. A Florida Senate Committee on Criminal Justice issue brief, Examine Florida’s “Romeo and Juliet” Law (September 2011), found that as of July 2011 courts had granted 241 petitions, 93% of them for a lewd or lascivious offense, and that the largest share of granted petitions, 24%, came from the 6th Judicial Circuit, which covers Pasco and Pinellas Counties. Our Romeo and Juliet registry removal guide explains how The Brancato Law Firm prepares the motion.

What does consent not cover in Florida?

Consent between a 16- or 17-year-old and a partner under 24 answers only one question: whether section 794.05 applies. Six other rules can still lead to felony charges in a relationship that section 794.05 allows.

1. Photos and videos. Section 827.071, Florida Statutes, defines a child as anyone under 18, so a sexual image of a 16- or 17-year-old is child sexual abuse material even when the relationship is legal. Possessing it is a second-degree felony, and each image is a separate offense. Our post on Florida pornography and age verification laws covers the image laws in more depth.
2. Sending explicit images to a minor. Sending material harmful to minors to someone known to be under 18 can be charged under section 847.0138, Florida Statutes, a third-degree felony. Between two minors, section 847.0141, Florida Statutes, makes a first sexting violation a noncriminal violation, but images showing sexual conduct can still be prosecuted under other laws.
3. School employees and volunteers. Under section 800.101, Florida Statutes, an adult employed by, volunteering at, or under contract with a school commits a second-degree felony by engaging in sexual conduct or “a relationship of a romantic nature” with a student. The statute defines a student as a person enrolled at a school, with no age limit. Our post on what happens when a teacher is arrested in Florida covers the career consequences.
4. Parents, stepparents, and custodial adults. Under section 794.011(8), a person in “a position of familial or custodial authority” who engages in sexual battery with a 12- to 17-year-old commits a first-degree felony, and the minor’s willingness “is not a defense to prosecution.”
5. Disputed consent. Consent in Florida means “intelligent, knowing, and voluntary consent.” If a 16- or 17-year-old says an act was not consensual, the accused can face a sexual battery charge under section 794.011(5)(a), a first-degree felony when the accused is 18 or older. Allegations like this sometimes surface after a parent learns about the relationship.
6. Age mistakes. A fake ID or a dating-app profile showing 18 is not a defense under section 794.021 or section 800.04(3).

The Brancato Law Firm checks each of these statutes against the facts at the start of a case, because a relationship that falls outside section 794.05 can still be charged under one of them.

Is there a crime called statutory rape in Florida?

No. Florida’s criminal statutes do not use the term “statutory rape.” People use it to describe sex with someone under the age of consent, and in Florida that usually means one of three charges:

• Unlawful sexual activity with certain minors (section 794.05): a person 24 or older with a 16- or 17-year-old.
• Lewd or lascivious battery (section 800.04(4)): sexual activity with a 12- to 15-year-old, by anyone.
• Sexual battery (section 794.011): any sexual act with a child under 12, or with a person of any age who did not consent.

The label matters less than the statute on the charging document, because each one has different elements, penalties, and registration consequences. When someone tells us a detective mentioned “statutory rape,” our attorneys at The Brancato Law Firm first find out which statute the detective is working under and which dates and ages the State believes it can prove.

What should you do if a detective calls about a relationship with a teenager?

Do not agree to an interview, and call a defense lawyer before you say anything. We have seen the pattern many times: a detective calls and asks you to come in “just to talk,” keeps the tone friendly, and says something like “We know it was consensual. We’re not saying you forced her.” In a section 794.05 or section 800.04 case, consent is not a defense, so an admission that the relationship happened can supply most of the State’s case.

Most of these cases begin with interviews, not physical evidence, and an investigation can run for weeks before anyone is arrested. That window matters. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office for the 13th Judicial Circuit before it decides whether to file. In sex cases involving teenagers, The Brancato Law Firm has had the State decline to file charges, as the results below show.

• Do not call, text, or message the other person or their family about the allegation.
• Do not delete anything. Save texts, photos, and records that show dates, because the charge depends on each person’s age on the date of each act.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in age-of-consent cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About the Age of Consent in Florida

Can an unlawful sexual activity with a minor charge be dropped in Florida?

Yes. Prosecutors can drop or dismiss a section 794.05 charge when the proof of the act, the dates, or the ages does not hold up. The Brancato Law Firm had one such charge against a 27-year-old dismissed after a social media investigation exposed the accuser’s conflicting statements, and our sex crimes defense team handles these cases from investigation through trial.

Is it illegal for an 18-year-old to have sex with a 15-year-old in Florida?

Yes. Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04, a second-degree felony, regardless of consent. The Brancato Law Firm defends these charges by testing the dates and ages the State must prove, as our article on lewd and lascivious charges explains.

Can my parents press charges if I am 17 and my partner is 20?

Parents can report a relationship to police, but the State Attorney’s Office decides whether to file charges, and consensual sex between a 17-year-old and a 20-year-old does not violate section 794.05. The Brancato Law Firm steps in when a report like this turns into a claim that the sex was not consensual, which is a different and more serious charge, and our pre-file advocacy starts before any arrest.

Is it legal to send nude photos to a 17-year-old partner in Florida?

No. A sexual image of anyone under 18 is child sexual abuse material under section 827.071, and sending explicit images to a known minor can be charged under section 847.0138, even when the sexual relationship itself is legal. Our attorneys at The Brancato Law Firm defend image-based charges, which our post Is Porn Legal in Florida? covers further.

Does the Romeo and Juliet law apply to a section 794.05 conviction?

No. Section 943.04354 covers only convictions under sections 800.04, 827.071, and 847.0135(5), and the person must be no more than 4 years older than a minor who was 13 to 17. The Brancato Law Firm reviews whether another path, such as the 25-year petition under section 943.0435(11), is available; our page on Florida Romeo and Juliet registry removal explains who qualifies.

What if a 16-year-old said they were 18?

It is not a defense. Under section 794.021, ignorance of the minor’s age, a misrepresentation of age, or a good-faith belief that the person was older does not excuse the offense. The Brancato Law Firm still documents what the accused was told, because the circumstances can matter in negotiations with the prosecutor, as our post on ignorance of the victim’s age explains.

Can a teacher date an 18-year-old student in Florida?

No. Section 800.101 makes it a second-degree felony for a school employee, volunteer, or contractor 18 or older to engage in sexual conduct or a romantic relationship with a student, and it defines a student as a person enrolled at a school, with no age limit. The Brancato Law Firm defends educators accused under this statute, and our post on a teacher arrested in Florida covers the certification fallout.

Can two 15-year-olds be charged for having sex in Florida?

Yes. Section 800.04 applies to anyone who has sexual activity with a person 12 to 15, including another teenager, and the Florida Supreme Court allowed a juvenile prosecution of 15-year-olds in J.A.S. v. State. The Brancato Law Firm represents teenagers in juvenile court, where we push for outcomes such as treatment-based agreements that avoid sex offender registration.

Call before the first interview

Detectives usually try to get a statement before the accused has a lawyer, so the best time to call is before any interview. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can speak with the detective for you, preserve the messages and records that show dates and ages, and start building the defense right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida jury can convict on a lewd and lascivious charge with no physical evidence at all, because section 794.022(1), Florida Statutes says the child’s testimony “need not be corroborated.” I learned how these cases are built, and where they break, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend lewd and lascivious charges across Hillsborough, Pinellas, and Pasco Counties, from the first call from a detective through trial and, when needed, after conviction.

What are the four lewd and lascivious offenses in Florida?

Section 800.04, Florida Statutes creates four separate crimes, and each one requires that the alleged victim was under 16. The statute has not been amended since 2022.

Choosing the right category matters because the penalties differ sharply. A touch the State calls molestation may legally be conduct, and a case charged as battery may lack proof of “sexual activity” as the statute defines it. Our Tampa sex crimes lawyer team at The Brancato Law Firm checks the charging document against the evidence before anything else.

What are the penalties for a lewd and lascivious charge in Florida?

The penalty turns on the ages of the accused and the child, and on any prior record. Maximum terms come from section 775.082, Florida Statutes.

The most serious tier carries a mandatory minimum. For lewd molestation of a child under 12 by an adult, committed on or after September 1, 2005, section 775.082(3)(a)4.a. requires either life or “a split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life.” In Rochester v. State, 140 So. 3d 973 (Fla. 2014), the Florida Supreme Court held that “the trial court does not have the discretion to impose a sentence below the twenty-five year minimum.” A second such conviction for an offense on or after July 1, 2008 requires life.

The child’s age is often the whole case. In Lincoln v. State, No. 6D2023-0235 (Fla. 6th DCA Dec. 30, 2024), a Highlands County defendant received a life sentence, but the jury had been instructed on and found only the 12-to-15 offense, and the evidence showed the child had turned 12. The court held that “[t]he sole distinction” between the life felony and the second-degree felony “is the age of the victim,” and ordered resentencing on the lower offense. Our attorneys at The Brancato Law Firm pin down the child’s age on every date the State alleges.

Are consent or a mistaken belief about age defenses?

No. Section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Section 800.04(3) adds that “[t]he perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense.”

That rule surprises many people charged after a relationship with a 14- or 15-year-old who claimed to be older. A fake ID or a dating-app profile does not change the charge. The statute does carve out one act: “A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.”

What changed in Florida’s lewd and lascivious laws in 2026?

Florida repealed its misdemeanor “unnatural and lascivious act” law, section 800.02, effective October 1, 2026, and created a new felony for indecent exposure while observing a child. Both changes came from chapter 2026-159, Laws of Florida, approved June 16, 2026. Some websites still describe section 800.02 as current law; it no longer applies to conduct on or after October 1, 2026.

The new section 800.035, Florida Statutes, “Indecent exposure of sexual organs while observing a child,” is a third-degree felony. It covers a person who, while observing a child under 16 for sexual gratification, intentionally exposes his or her sexual organs in a lewd or lascivious manner or performs a non-contact sexual act. “Observing” means intentionally viewing a person who can reasonably see the offender, and it is not a defense that the child was unaware or did not see. Breastfeeding mothers and nudity in a place set apart for it are excluded.

Exhibition over the internet is a different crime. Section 800.04(7) does not mention electronic devices. Live exhibition “over a computer online service, Internet service, or local bulletin board service” to a child under 16 is charged under section 847.0135(5), Florida Statutes, a second-degree felony for an adult and a third-degree felony for a person under 18.

How does the State use other accusations against the accused?

In a child molestation case, the State can ask to introduce evidence that the accused molested other children. Section 90.404(2)(b), Florida Statutes provides that this evidence “is admissible and may be considered for its bearing on any matter to which it is relevant.” The State must give notice no fewer than 10 days before trial.

The limits come from McLean v. State, 934 So. 2d 1248 (Fla. 2006), a case that began in the Second District. The Florida Supreme Court upheld the statute but required the trial judge to “find that the prior acts were proved by clear and convincing evidence” and then weigh “(1) the similarity of the prior acts to the act charged regarding the location of where the acts occurred, the age and gender of the victims, and the manner in which the acts were committed; (2) the closeness in time of the prior acts to the act charged; (3) the frequency of the prior acts; and (4) the presence or lack of intervening circumstances.” The evidence must not “become a feature of trial,” and the jury receives a cautionary instruction on request.

Those findings are where the fight happens. In State v. Riggleman, 397 So. 3d 1152 (Fla. 2d DCA 2024), a Sarasota County case, the Second District quashed an order excluding collateral-act evidence because the trial court had not made the required relevance and McLean findings. Our attorneys at The Brancato Law Firm build the record on each McLean factor so an exclusion holds up. Our post on the Williams rule in sex crimes cases explains these motions in more depth.

How are a child’s interviews and statements used at trial?

Most lewd and lascivious cases rest on the child’s recorded forensic interview, the child’s trial testimony, and adults who repeat what the child told them. Each piece can be tested. Our post on child hearsay in Tampa sex cases explains when a child’s out-of-court statements may be admitted.

The State must still prove each count, including where, when, and how old the child was. In Crenshaw v. State, No. 5D2023-3159 (Fla. 5th DCA Sept. 19, 2025), a Putnam County case, the court ordered a judgment of acquittal on one molestation count because the child never testified to that touching in Putnam County and the child hearsay witnesses “acknowledged that the victim provided no timeline or dates.” Another count was affirmed only because the defense had not preserved its objection. Our attorneys move for acquittal count by count, on every element.

Confessions get special treatment in these cases. Section 92.565, Florida Statutes lets the State use a confession without independent proof of each element when, among other factors, the child was under 12. The judge must first hold a hearing, find the confession “trustworthy” with corroboration shown by a preponderance of the evidence, and “make specific findings of fact, on the record.”

Is there a statute of limitations for lewd and lascivious charges?

For lewd battery and lewd molestation of a child under 16, there is usually no time limit. Section 775.15(18), Florida Statutes allows prosecution “at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim.”

Lewd conduct and lewd exhibition are not covered by subsection (18). For those charges, subsection (13)(a) delays the clock until the child turns 18 or the offense is reported to law enforcement or another government agency, whichever comes first, and the ordinary felony periods then apply. Subsection (16) extends the time when the accused is identified through DNA, as long as preserved evidence is available for the defense to test.

What happens after a lewd and lascivious conviction in Florida?

A conviction under section 800.04 requires registration as a sexual offender, and the most serious versions make the person a sexual predator on a single conviction. Under section 943.0435, Florida Statutes, a registrant must report in person to the sheriff within 48 hours after establishing a residence, release, or conviction. The 25-year removal petition is not available for adult convictions under section 800.04(5)(b) and for certain lewd battery and molestation convictions. Under section 775.21, Florida Statutes, a “capital, life, or first degree felony violation” of section 800.04 triggers the sexual predator designation.

The registry is large. As of October 2024, Florida’s sex offender registry listed 86,207 people, including 16,246 sexual predators, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11. The same report counted 1,999 registrants living in Hillsborough County communities in October 2024, up from 1,969 in 2021.

Research on re-offense cuts both ways. The Bureau of Justice Statistics study Recidivism of Sex Offenders Released from State Prison: A 9-Year Follow-Up (2005-14) (2019) found that 7.7% of released sex offenders were arrested for rape or sexual assault within nine years, compared with 2.3% of other released prisoners, while about 67% were arrested for any crime, compared with 84% of other released prisoners. Our posts on sex offender registration in Florida and getting off the Florida sex offender registry explain the duties and the limited ways out.

How do our attorneys fight a lewd and lascivious charge?

Our attorneys fight these charges by testing the account, the dates, and the ages the State must prove, and by excluding evidence the law does not allow. The approaches that most often matter:

1. The origin of the accusation. We examine when and how the allegation first came out, including divorce and custody disputes, family conflict, and who spoke to the child before the forensic interview.
2. Interview quality. We review the recorded interview for leading questions and for details that came from adults.
3. Physical and digital facts. Home layouts, schedules, school records, and social media can show an act could not have happened as described.
4. Ages and dates. We hold the State to proof of the child’s age and the date range on every count, as Lincoln and Crenshaw show.
5. Collateral evidence. We oppose other-act evidence under McLean and demand a section 92.565 hearing on any confession.
6. Sentencing exposure. When the facts support it, we push to move a case out of the life-felony tier, which is the only one with the 25-year minimum.

For sexual battery charges, which carry their own penalties and defenses, see our guide on how to fight a sexual battery charge in Florida.

Real results in lewd and lascivious cases

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do if you are accused or under investigation?

Do not talk to the detective, the child, or the family about the allegation, and call a defense lawyer first. Detectives often try to interview the accused before an arrest, and a statement explaining “what really happened” often becomes the State’s best evidence. Save texts, calendars, and records that show where you were on the dates in question.

Early counsel can change the outcome. Our pre-file advocacy can include presenting evidence to the State Attorney’s Office for the 13th Judicial Circuit before it files the charging information. If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Frequently Asked Questions About Lewd and Lascivious Charges in Florida

Can lewd and lascivious charges be dropped in Florida?

Yes, when the evidence shows the account is unreliable, the dates or ages cannot be proven, or DNA excludes the accused. The Brancato Law Firm has had lewd and lascivious accusations dismissed after an accuser’s social media contradicted the story and after DNA excluded our client.

Is lewd molestation always a life felony in Florida?

No, it is a life felony only when the accused is 18 or older and the child is under 12. The Brancato Law Firm checks the child’s age on each alleged date, because in Lincoln v. State a life sentence was reversed when the jury had found only the 12-to-15 offense.

Can a judge go below 25 years for lewd molestation of a child under 12?

No, under Rochester v. State (Fla. 2014) the judge has no discretion to go below the 25-year minimum for an adult convicted under section 800.04(5)(b). Our attorneys at The Brancato Law Firm focus on whether the charge belongs in that tier at all, as explained on our sex crimes defense page.

Is touching over clothing lewd and lascivious in Florida?

It can be, because the molestation statute covers touching of “the clothing covering” the listed body parts in a lewd or lascivious manner. The Brancato Law Firm challenges the intent element, which the State must prove from the circumstances, and whether an accidental or innocent touch is being recast.

What happened to Florida’s unnatural and lascivious act law?

Section 800.02 was repealed effective October 1, 2026 by chapter 2026-159, which also created the new felony in section 800.035. Our attorneys at The Brancato Law Firm check the date of the alleged conduct against that effective date; you can read the new law in section 800.035.

Should I talk to police if I am accused of lewd and lascivious conduct?

No, not without a lawyer present. The Brancato Law Firm can speak with the detective for you and pursue representation before charges are filed.

Protect your future before the State builds its case

A lewd and lascivious investigation often moves quietly for weeks before an arrest, and that time is the best chance to shape the outcome. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will handle contact with detectives, preserve the records that matter, and start testing the accusation right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

How this Decision Impacts Your Tampa, Florida Sex Offender Registry Removal Case

By The Brancato Law Firm, P.A. | Tampa’s Trusted Sex Crimes Defense Firm

If you’re in Tampa Bay and aiming for removal from the Florida sex offender registry, recent court decisions demand your attention. Understanding these rulings—and the critical errors within them—is vital. While a case like State v. Perdomo saw the State’s petition dismissed, the deeper issue for the Second District Court of Appeal is a pattern they are growing frustrated with: courts are frequently applying outdated laws.

This misapplication of Florida’s sex offender registry law might seem like a win if it leads to someone’s removal. However, it’s a precarious victory. Relying on old statutes can create a legal minefield, potentially leading to future challenges and jeopardizing your freedom.

At The Brancato Law Firm, P.A., we specialize in Florida sex offender registry removal in Tampa. We meticulously ensure your petition adheres to the current law, because even a minor oversight can have devastating consequences.

The Perdomo Pitfall: A Case of Outdated Law for Florida Sex Offender Removal

In State v. Perdomo, No. 2D2024-0857 (Fla. 2d DCA May 16, 2025), a trial court approved a petition for sex offender registry removal. The problem? The court incorrectly used an old version of Florida Statute § 943.0435 – one that permitted removal after only 20 years.

This is no longer the law.

As of October 1, 2024, the correct Florida Statute § 943.0435 mandates:

• 25 years of offense-free conduct after release from incarceration or supervision.
• No new arrests or convictions during this 25-year period.
• No disqualifying offenses, such as sexual battery under § 794.011(5), Fla. Stat.

Due to the 2014 Florida Supreme Court decision in LaFave v. State (149 So. 3d 662), the State couldn’t directly appeal the trial judge’s mistake in Perdomo. However, the appellate court didn’t ignore the error. It issued a clear statement: courts must apply the current version of the law, without exception.

A Disturbing Trend: The Courts’ Message on Florida Sex Offender Removal

This isn’t an isolated incident. A similar mistake occurred in State v. Korson, 50 Fla. L. Weekly D689 (Fla. 2d DCA Mar. 26, 2025). Again, the trial court used the wrong, outdated statute. While the appellate court dismissed that case too, it took the opportunity to underscore the importance of applying the correct law.

The message from these appellate decisions is crystal clear:

“Section 943.0435 is procedural and must be applied in its current form—even if the offense happened decades ago.”

This isn’t about what feels “fair”; it’s about strict adherence to what the current law demands for Florida sex offender registry removal, a critical issue for many in Tampa.

What This Means for Your Tampa Bay, Florida Registry Removal Case

If you are on Florida’s sex offender registry and seek removal, your petition must comply with today’s statute. This means:

1. 25 years must have passed since your release or the end of your supervision.
2. You must have no new arrests during that 25-year timeframe.
3. You must not have a disqualifying conviction (like adult sexual battery).

If your attorney uses outdated rules for your Florida sex offender registry removal in Tampa, you might achieve a temporary “win.” However, this leaves you vulnerable to future legal challenges. Worse, an incorrectly handled petition could lead to a denial of relief you were actually eligible for.

Why Tampa Bay Trusts The Brancato Law Firm for Sex Offender Registry Cases

When it comes to Florida sex offender registry removal in Tampa, experience and precision matter. The Brancato Law Firm, P.A., is Tampa’s authority in sex crimes defense and registry relief. Here’s why clients and even other attorneys turn to us:

• Over 25 years of dedicated criminal defense experience, specializing in major sex crimes and post-sentence relief.
• Our founder, Rocky Brancato, is the former Chief Operations Officer at the Hillsborough Public Defender’s Office, where he oversaw more than 100 attorneys and over 200 staff members.
• Rocky spent years working in a specialized sex crimes unit where he learned advanced techniques that can only be learned through being immersed in serious, complex sex crimes cases over an extended period of time.
• We possess in-depth knowledge of § 943.0435 and diligently track every statutory change and relevant case law.
• We are skilled in challenging predator designations, helping you reclaim your life.
• We don’t just file paperwork; we fight for tangible, lasting results.
• Rocky wrote the book on what a major crimes attorney should be. Get your free copy of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.

Pathways to Registry Removal in Florida

Florida law offers limited avenues for removal from the sex offender registry:

1. 25-Year Statutory Petition: Requires strict adherence to § 943.0435(11).
2. Romeo and Juliet Exception: Applicable to specific consensual relationships involving minors (§ 943.04354).
3. Governor’s Clemency or Pardon: This is a rare option but potentially viable with a compelling case.

We provide honest assessments. If you’re not eligible for removal, we’ll tell you directly. If you are, we build your case correctly from the outset, focusing on the nuances of Florida sex offender registry removal in Tampa.

Want to dive deeper? Read our comprehensive guide:  How to Get Off the Florida Sex Offender Registry and Withheld Adjudication and Sex Offender Registry. 

September 2026 update: The Fourth District has now weighed in from the other direction. In Florida Department of Law Enforcement v. Garcia, No. 4D2025-2547 (Fla. 4th DCA Sept. 2, 2026), the court reversed a Broward order that had removed a 1991 sexual battery defendant from the registry, holding that FDLE has standing under § 943.0436(3) to attack such an order, that removal proceedings are civil rather than criminal, and that the current version of § 943.0435 — with its twenty-five-year requirement and its bar on sexual battery convictions — governs any petition filed today. Garcia openly disagrees with Korson on the civil-versus-criminal question, so the two districts are now split on how the State gets to appellate review, even though they agree on which statute applies. We break down what that means for a Hillsborough, Pinellas, or Pasco petition in our full guide, Can I Get Off the Sex Offender Registry in Florida?

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Work With Tampa’s Leading Sex Crimes Attorney

The legal landscape for sex offender registry removal is complex and constantly evolving. Judges are under scrutiny to apply the law correctly—but errors still happen. You need a Tampa Bay law firm that thoroughly understands the current statutes and the serious implications of any misstep.

The Brancato Law Firm, P.A., expertly handles:

• Petitions for Florida sex offender registry removal in Tampa
• Challenges to predator designations
• Postconviction motions (Florida Rule 3.800(a))
• Comprehensive sex crimes defense (trial and appeal)

Call us today for a consultation in Tampa Bay: (813) 727-7159

Or visit our websites: Tampa Sex Crimes Attorney and www.brancatolawfirm.com

The Bottom Line for Your Tampa Bay Registry Case

If you’re eligible for removal from Florida’s sex offender registry, you likely have only  one chance to get it right. Don’t risk your future by relying on outdated legal information or a general defense firm. Choose the Tampa team that leads the field in sex crimes defense and understands the high stakes involved in Florida sex offender registry removal in Tampa.

We aren’t just another law firm. We are the firm other attorneys consult when the case truly matters. Contact The Brancato Law Firm today.