What Is Gross Sexual Imposition in Pensacola?

Florida’s sex offense laws cover many kinds of activities, including unwanted sexual contact that does not necessarily involve intercourse. While other states call this offense “gross sexual imposition,” in Pensacola, Florida, it falls under the state’s sexual battery laws. An indecent exposure charge may also apply in certain situations.

Sexual Battery and Indecent Exposure Charges in Pensacola

Two key Florida laws cover what other states call gross sexual imposition.

The first of these Florida laws is the state’s sexual battery statute. This law defines sexual battery as oral, vaginal, or anal penetration or contact with another person’s sex organs or other objects.

Sexual battery is always a felony in Florida. However, the offense’s severity depends on the offender’s age, the victim’s age, whether the offender injured the victim, and other factors. For example, a person 18 or older who sexually batters someone younger than 12 commits a capital felony. That means they could face the death penalty. By contrast, someone 18 or older who sexually batters someone 18 or older commits a second-degree felony.

The other laws that might apply in situations other states consider gross sexual impositions are Florida’s lewdness and indecent exposure statutes. These laws cover some sex offenses that involve unwanted penetration or other sexual contact and some that don’t. Lewd and lascivious contact, for example, consists of unwanted touching. Committing an “unnatural and lascivious act” with another person is a second-degree felony in Pensacola. Similarly, exposing one’s sex organs to another person in a “vulgar and indecent manner,” whether in public or in private,  is a misdemeanor.

There are situations where indecent exposure and similar offenses carry more severe penalties, though. These cases typically involve victims younger than 16. For example, engaging in sexual activity with someone older than 12 but younger than 16 is a second-degree felony. Likewise, touching the breasts, genitals, or buttocks of someone younger than 16, including touching these areas over someone’s clothes, is also a felony.

Penalties for Sexual Battery and Indecent Exposure in Florida

The penalties for offenses in Florida similar to gross sexual imposition depend on several factors. The two most important factors are the victim’s and offender’s ages. Here are some examples of the penalties for sex offenses in Florida:

Sexual battery

• The offender is 18 or older, and the victim is younger than 12 – Capital felony. Life sentence or death penalty.
• The offender is younger than 18, and the victim is younger than 12 – Life felony.
• The offender must be 18 or older, and the victim must be older than 12 but younger than 18. This is a first-degree felony, and a life sentence in prison is possible.
• The offender is 18 or older, the victim is 18 or older, and the offender does not use force likely to cause severe injuries – Second-degree felony. Up to 15 years in prison.

Lewdness/Indecent Exposure

• Unnatural and lascivious acts – Second-degree misdemeanor. Up to 60 days in jail.
• Exposure of sexual organs – First-degree misdemeanor. Up to 1 year in jail. Repeat offenses can escalate to a third-degree felony.
• Lewd or lascivious battery against someone older than 12 but younger than 16 – Second-degree felony. Up to 15 years in prison.
• Lewd or lascivious molestation by someone 18 or older against someone younger than 12 – Life felony.
• Lewd or lascivious molestation by someone 18 or older against someone older than 12 but younger than 16 – Second-degree felony. Up to 15 years in prison
• Lewd or lascivious molestation by someone younger than 18 against someone younger than 12 – Second-degree felony. Up to 15 years in prison.
• Lewd or lascivious molestation by someone younger than 18 against someone older than 12 but younger than 16 – Third-degree felony. Up to five years in prison.

Defenses Against Sexual Battery or Lewdness Charges

Sexual battery or lewdness charges carry hefty penalties. Depending on the details of the case, some potential defense strategies against these charges include:

• Consent: If both parties willingly participated, consent can be a defense against sexual battery charges. However, consent is not a defense if the alleged victim is a minor.
• Lack of Intent: For charges like indecent exposure, the prosecution must prove the act was intentional and meant to offend. If the exposure was accidental or lacked lewd intent, this can serve as a defense.
• False Allegations: Unfortunately, false accusations of sexual misconduct do occur. Demonstrating inconsistencies in the accuser’s statements or motives to fabricate the story can be an effective defense against these charges.

Don’t risk the consequences of a sexual battery or indecent exposure charge without help from a skilled Pensacola sexual assault attorney. The Morris Firm understands the severity of these cases and can provide the robust defense you need to fight these charges. Call (850) 503-2626 now or complete our contact form for a free consultation.

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