Incest laws in Florida are designed to address and penalize sexual relationships between close relatives.
It is rare for a person to be charged solely with incest – typically, this charge is included to increase the total penalty level of other sexual offenses.
Hernando County Incest Criminal Defense Attorney
If you or a loved one have been charged with Incest, you need to contact the experienced defense attorney at Ashley Aulls, PLC.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your sexual offense case, call (352) 593-4115 today.
Information Center
- Florida Incest Laws Defined
- Penalties
- Additional Penalties
- Common Defenses
- Hire a Sexual Offense Defense Attorney in Hernando County
Florida Incest Laws Defined
In Florida, incest is defined under Chapter 826 of the Florida Statutes, which deals specifically with incest and bigamy. Specifically, Florida Statute § 826.04 outlines the legal parameters of incest. The law stipulates that incest occurs when an individual engages in sexual intercourse or other sexual activities with a relative within a prohibited degree of kinship. The statute defines “relative” as “lineal consanguinity” to include:
- Blood Relatives: This includes siblings, parents, grandparents, aunts, uncles, and first cousins.
- Adoptive Relatives: Those who are related through adoption, such as adopted siblings and adoptive parents.
- Step-relatives: Individuals related through marriage but not by blood, such as step-siblings, are not included in the statutory definition unless the relationship has been legally formalized to a degree similar to blood relations.
Incest is rarely prosecuted as a standalone crime. It is usually used to increase the penalties of another crime, like sexual battery or assault.
Penalties
The penalties for incest in Florida vary based on the nature of the offense and the ages of the individuals involved. The classification of the offense and subsequent penalties include:
- Felony Classification: Incest is classified as a third-degree felony under Florida law. However, if the incest involves a minor, the crime can escalate to a second-degree felony or higher, depending on the circumstances and the presence of other aggravating factors.
- Third-Degree Felony: Conviction can lead to up to 5 years in prison, 5 years of probation, and fines up to $5,000.
- Second-Degree Felony: This can result in up to 15 years in prison, 15 years of probation, and fines up to $10,000.
- Sexual Battery: If the incestuous act involves sexual battery or penetration, the charges can be elevated to a more severe level. In such cases, the offense may be classified as a first-degree felony, punishable by up to 30 years in prison, life imprisonment, and significant fines.
Additional Penalties
Registration Requirements: Convictions involving sexual offenses often come with additional requirements, such as registering as a sexual offender. This can lead to restrictions on living locations and mandatory reporting to law enforcement.
Common Defenses
Several defenses might be raised in cases of incest charges in Florida. These defenses can significantly impact the outcome of a case and typically include:
- Consent: In cases where the accused and the alleged victim were both adults and consented to the sexual activity, the defense might argue that the sexual act was consensual. However, this defense is not applicable if the victim is a minor, as Florida law does not permit legal consent from individuals under the age of 18 in incest cases.
- Lack of Knowledge: In some cases, the accused might claim that they did not know the person was a relative or did not recognize the familial relationship at the time of the act. This defense can be complex, especially if the familial relationship was not immediately apparent or was obscure.
- Inadequate Evidence: The defense may argue that the prosecution has not met its burden of proof. This involves demonstrating that there is insufficient evidence to substantiate the claims beyond a reasonable doubt. This might include challenging the reliability of evidence, such as witness testimony or physical evidence.
Hire a Sexual Offense Defense Attorney in Hernando County
Incest laws in Florida are framed to address the complexities and sensitivities surrounding sexual offenses between close relatives. The statutes provide clear definitions of prohibited relationships and outline the penalties for violations. Incest is generally categorized as a serious offense with severe legal repercussions, particularly if minors are involved or if the act constitutes sexual battery.
Contact experienced criminal defense attorney Ashley Aulls today.
Ashley Aulls has what it takes to build a strong and comprehensive defense while being open to the client’s needs and worries – client education and open communication. He serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your sexual offense case, call (352) 593-4115 today.