Who Is A Sexual Predator
There are two ways of becoming a sexual predator in the state of Florida: (1) commit on or after October 1, 1993 one of several .one is enough. offenses which are capital, life or first degree felony violations or (2) commit a .second offense. sexual predator offense which means committing a second degree or greater felony violation of listed sexual offenses after having previously been found to have committed certain other listed sexual offenses.
To be designated as a predator, the subject must have been found by the court to be a sexual predator. Florida law requires a written court finding for sexual predator status. Sexual predator designation only applies to sex offenses committed on or after October 1, 1993. In addition, the subject must have been convicted of either one first-degree felony sex crime, or two second degree felony sex crimes. In the latter situation, the second offense must occur within 10 years of the previous offense, conviction, or release from the sanction of the court, whichever is later. Additionally as of July 1, 2004, anyone civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act must also register as a sexual predator. See F.S. 775.21(3) for additional information regarding sexual predators.
This law was not retroactive. If the subject was released from sanctions before the October 1, 1997 date, the subject is not required to register.
"One Is Enough" Offenses
- Sexual battery or attempted sexual battery upon a victim less than 12 years of age.
- Sexual battery by a person less than 18 years of age upon a victim less than 12 years of age.
- Familial/custodial sexual battery.
- Sexual battery with deadly weapon or physical force likely to cause serious bodily harm upon a person 12 years or older.
- Sexual battery upon a physically helpless or incapacitated victim.
- Sexual battery upon a person 12 years of age or older with threats of violence likely to cause serious bodily injury.
- Sexual battery upon a mentally incapacitated person
- Sexual battery by reason of nonconsent administration of narcotic, anesthetic, or intoxicating substance which mentally or physically incapacitates the victim.
- Sexual battery by a law or correctional officer with control over the victim.
- Selling or transfer of custody of minors by parents or guardians knowing the minor will be portrayed in a visual depiction of sexually explicit conduct.
- Purchasing of minors with knowledge that the minor will be portrayed in a visual depiction of sexually explicit conduct.
"Second" Offenses
- All listed capital, life, or first degree offenses under .one is enough. offenses.
- Sexual battery upon a person 12 years of age or older without consent of victim and not using force or violence likely to cause serious personal injury.
- Attempts of, solicitations of, or conspiracy to commit .one is enough" offenses or higher upon or in presence of a child under 16 years.
- Use of or promotion of age less than 18 years of age in a sexual performance with intent to promote depiction. (Mere possession of such depictions is a third degree felony and is not included in the sexual predator definition.)
- Previously convicted of sexual battery upon a victim less than 12 years of age, forcible sexual battery upon a person 12 years or older, solicitation to engage in or actual sexual battery by a person in familial or custodial control of a victim 12 years or older.
- Lewd, lascivious, or indecent assault or act upon, or in presence of a child under the age of 16 years.
- Sexual performance by a child under 18 years.
- Selling, renting, loaning, giving away, distribution, transmitting, or displaying obscene material to a minor under the age of 18.
- Selling or buying of minors.
