Understanding Florida Sex Offender Classifications

Florida sex offenders are classified into two categories. These include sexual offenders and sexual predators. Such classifications are determined based on the severity and nature of the offense, as well as the defendant’s criminal history. Both of these classifications require registration with the Florida Department of Law Enforcement (FDLE). In other words, either classification will land you in the sex offender registry.

What is a sexual offender? 

For the purposes of Florida’s sex crimes classifications, a sexual offender is an individual who has been convicted of a less serious sex crime or an individual with no prior record. For example, a defendant who is convicted of “lewd and lascivious” offenses, possession of child pornography, or certain kinds of statutory rape can be categorized as a sexual offender.

A sexual offender is typically required to report to the sheriff’s department two to four times a year, depending on their classification. Some level 1 offenders may eventually be eligible for removal from the sex offender registry after a specific period of time.

What is a sexual predator? 

The classification of “sexual predator” is reserved for individuals who have been convicted of very serious sex crimes or are repeat offenders. Those convicted of violent sexual crimes, multiple sex offenses, or offenses against minors can find themselves placed under this classification. Sexual predators face stricter registration requirements and more significant restrictions than sexual offenders. Law enforcement can limit where they live, work, or visit. A sexual predator designation usually requires lifelong registration in the sex offender registry and more frequent reporting to the sheriff’s department.

What crimes qualify you as a “sexual predator”? 

A defendant can be designated a sexual predator if they’ve been convicted of a capital, life, or first-degree felony violation. This includes certain statutes where the victim is a minor. These include:

• Kidnapping
• False imprisonment
• Sexual battery (rape)
• Lewd or lascivious offenses committed in the presence of a person less than 16 years of age
• Selling or buying child pornography
• Production or distribution of child pornography
• Unlawful sexual activity with certain minors
• Procuring a minor for prostitution
• Sexual performance by a child
• Video voyeurism of a minor
• Computer pornography

What are the criteria for being designated a “dangerous sexual felony offender” in Florida? 

This designation is defined under Florida Statute § 794.0115 (the Dangerous Sexual Felony Offender Act). It is applied to those who commit specific sexual offenses and are aged 18 or older. They must meet specific criteria related to the severity of their offense and/or their criminal history. Individuals who are classified under this designation face significant penalties. For crimes committed before October 1, 2014, there is a mandatory minimum sentence of 25 years with the possibility of life in prison. Crimes committed after October 1, 2014, require a mandatory minimum of 50 years.

Talk to a Tallahassee, FL, Sex Crimes Attorney Today 

Luke Newman, P.A., represents the interests of those who have been charged with sex crimes in Florida. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.