LCSO Arrests Man for Sexual Assault of a Minor

July 17, 2023 Don Pumphrey, Jr. Sex Crimes Social Share

A person who commits a sex crime against a minor will face serious penalties if the accused person is convicted. A recent LCSO arrest highlights the charges that a person can face for engaging in sexual activity with a minor.

This article will provide the LSCO case details, relative charges, and additional penalties for a person convicted of sex crimes in Florida.

Case Details

LCSO responded to a call on June 16, 2023, for a family who reported that their daughter was missing from their home. Through investigative purposes, the deputies found social media messages between the minor and an adult male.

Social media posts suggested the two had met up. Deputies identified Cesar Molina, 25, as the adult in the pictures with the minor. The officers managed to quickly locate the minor and Molina. The young girl was returned to her family and Molina was arrested.

Molina is facing charges of sexual assault against a minor, sexual battery of a victim under 12-years-old, and traveling to meet a minor after using a computer to lure a child.

Sexual Assault of a Minor

Florida Statute Section 794.05 defines the offense of unlawful activity of a minor as when a defendant who is 24 years of age or older engages in any sexual activity with a person who is between the ages of 16-17 years of age. A defendant accused of this offense faces a second-degree felony. The penalties for a second-degree felony include:

• Up to a $10,000 fine
• Up to 15 years of imprisonment

Unlawful activity with a minor is ranked as a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. If convicted, a defendant convicted of unlawful sexual activity with a minor faces a mandatory sentence of five ½ years in prison unless there is a valid mitigating circumstance justifying a lower sentence.

When an individual is accused of this offense, ignorance about the age of the victim is not a viable defense. In Florida, any minor who is 15 years of age or younger cannot consent to sexual activity. Even if the defendant claims that the minor consented, it is still considered statutory rape for sexual activity between an adult and minor 15 or younger.

Sexual Battery of a Minor Under 12

The penalties are more severe for a victim who is 12 years of age or younger.

Florida Statute Section 794.011 covers the various penalties for a defendant accused of sexual battery, which is commonly known by the public as “rape.” Sexual battery is defined as the vaginal, anal, or oral penetration by, or in union with another person’s sexual organ or penetration by another object.

The following lists the penalties for sexual battery against a minor under the age of 12:

• Defendant is under 18 and commits sexual battery upon a minor younger than 12 – Life felony
• Defendant is 18 or older and commits sexual battery upon a minor younger than 12 – Capital felony

The penalties for a life felony in Florida include:

• Up to $15,000 in fines
• Life imprisonment

The penalties for a capital felony in Florida include:

• Life imprisonment without parole; or
• The death penalty

Communication to Travel to Meet a Minor

Florida law has certain computer use prohibited under the Child Exploitation Prevention Act.

Florida Statute Section 847.0135 explains that any person who knowingly uses an online computer service, internet service, or any other electronic device can be charged with a third-degree felony when used to either:

• Seduce, solicit, lure, or entice, or attempt to seduce a minor to engage in any unlawful activity; or
• Solicit, lure, or entice, or attempt to solicit the parent, legal guardian, or custodian of a minor to engage in any sexual conduct.

The penalties for a third-degree felony include:

• Up to a $5,000 in fine
• Up to five years in prison

Additionally, any person who travels within, to, or out of this state by any means, to engage in unlawful sexual conduct with a minor after using a computer online service can be charged with a second-degree felony when used to either:

• Seduce, solicit, lure, or entice, or attempt to seduce a minor to engage in any unlawful activity; or
• Solicit, lure, or entice, or attempt to solicit the parent, legal guardian, or custodian of a minor to engage in any sexual conduct.

The penalties for a second-degree felony include:

• Up to a $10,000 fine
• Up to 15 years in prison

Additional Penalties for Defendants Convicted of Sex Crimes in Florida

Along with the statute-specific penalties and sentencing, a person convicted of a sex crime in Florida may face the additional penalties if they are convicted:

• Sex Offender Registration – Convicted sex offenders are required to register their personal information with the Florida Department of Law Enforcement (FDLE) Sex Offender Registry. The registration requirements vary based on the offense and can range from 20 years to life. Failure to comply with registration requirements can result in additional criminal charges.
• Community Notification – Florida’s sex offender registration system includes community notification provisions. Depending on the offense, the FDLE and other Florida law enforcement agencies may publicly provide information about the convicted person’s identity, conviction, and residence to the public through online databases, public notifications, or other means.
• Residency Restrictions – Certain sex offenders may face residency restrictions that limit where they can live. For example, certain laws prohibit sex offenders from residing within a certain distance of schools, daycare centers, parks, or other places where children congregate.
• Supervised Release or Probation – A person convicted of a sex crime may be placed on supervised release or probation. This can involve regular reporting to a probation officer, compliance with specific conditions (no contact with minors), and mandatory participation in sex offender treatment programs.
• Lifetime Supervision – In cases where the offender is deemed a sexually violent predator, Florida may impose lifetime supervision. This entails ongoing monitoring and supervision by law enforcement authorities even after completion of the prison sentence or probation.
• Restraining Orders and Protective Orders – The victim or family of the victim can request that the court issues a restraining order against the convicted person to avoid contact with the victim and provide additional protection.
• Professional Consequences – A sex crime conviction can have severe professional consequences. It may result in the loss of professional licenses (such as teachers, healthcare professionals, or other fields who work with children) or restrict employment opportunities in certain fields.
• Loss of Civil Liberties – Depending on the severity of the offense and specific circumstances, a sex crime conviction can lead to restrictions on civil liberties, such as limitations on the right to bear arms or restrictions on voting rights.

It is important to consult with a qualified legal professional who understands the specific penalties that may apply in a sex crimes case. Pumphrey Law Firm can assess your case and provide insight on penalties and defense strategies.

Find a Defense Attorney in Leon County, Florida

Sex crimes are some of the harshest prosecuted cases in Florida, especially when the victim is a minor. If you or someone you know has been accused of a sex crime, contact a Florida criminal defense attorney as soon as possible. A sex crime conviction can cause life-altering consequences that can haunt you even after the fines have been paid and sentence has been complete. Considering the nature of the offense, prosecutors will try to instill the harshest of penalties.

You need aggressive defense on your side. Don Pumphrey and his team can provide insight and advice on how to tackle your case. Call Pumphrey Law Firm today at (850) 681-7777 or leave us a message to receive a free case consultation.

Written by Karissa Key

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