What is Mens Rea?
Mens Rea is the mental element of an individual’s intent to commit a crime. It can also be expressed as the knowledge that a particular act would result in a crime being committed.
Why is Mens Rea significant if I have been accused of a crime?
The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966. Essentially, four cases made it to the United States Supreme Court with similar issues. All cases involved interrogation by police in a closed room where the putative Defendant was cut off from the outside world. In three of these cases, the Defendant signed statements that were admitted at trial and one of the cases involved oral statements admitted at trial. Following the Miranda Case, whenever a person is taken into detention, that individual must be advised of their Fifth Amendment right against making any self-incriminating statements. When the police question someone in custody, they must advise:
Is There a Warrant Issued in My Name?
There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be executed at anytime. Just because you may not be located within the territory of the state that issued a warrant, you are not safe from exposure to arrest. It is common for warrants to be issued for both felonies and misdemeanors in Florida. A warrant will be active until it is served, the individual dies, or the judge recalls the warrant. It is important to resolve a warrant promptly, so one does not have to deal with a multitude of problems unexpectedly. Your arrest could result from the most minor traffic stop for a tailgate light.
The FDLE has a database which usually lists active warrants and may be found online at http://www.fdle.state.fl.us/. You can select “search wanted persons” and you will be taken to a search screen.
When Should You File a Post Conviction Relief Motion in Florida?
A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction. The following grounds may be used as the reason for filing:
Florida Statutes § 775.21, also known as the Florida Sexual Predators Act, was established by the Florida Legislature to implement a strategy on how to deal with repeat sexual offenders, sexual offenders who use violence, and sexual offenders who prey on children. Essentially, this strategy includes ensuring decisions to release sexual predators due to prison overcrowding are not made, providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, requiring the registration of sexual predators with the Florida Department of Law Enforcement, providing for public notification concerning the presence of sexual predators, and prohibiting sexual predators from working with children.
Offenders that must be designated as “sexual predator” include offenders convicted of:
William Kuckuck v. State of Florida, 43 Fla.L.Weekly D80b (5th DCA 2017) involves a defendant, William Kuckuck, who was convicted of violating Florida Statutes section 847.0135(3)(b), by knowingly using a computer on-line service, internet service, or other similar device to solicit a person believed to be a parent of a minor child to obtain their consent to engage in unlawful sexual conduct with the child and of violating section 847.0135(4)(b) for traveling to meet the minor child to engage in unlawful sexual conduct after solicitation.
The arrest came about after an FBI Agent posed as the father of 11 and 9 year old daughters and posted an ad on Craigslist seeking “taboo” experiences for his “daughters.” Kuckuck responded by email and engaged in explicit communication regarding sexual conduct that Kuckuck sought to engage in with the “daughters” on July 14, 2016 and sought consent from the “father” on July 15, 2016. On July 15, 2016, Kuckuck traveled to have sex with the “daughters” and was arrested.
There were two counts filed by the State of Florida; for his solicitation on July 14, 2016 and his traveling after solicitation on July 15, 2016. Kuckuck argued that double jeopardy applied and prohibited a conviction on the solicitation count because the conviction would be based upon the same acts as the traveling charge and was subsumed in the traveling count.
The Jacksonville city council, in February, approved changes to a city ordinance that addressed issues of registered sex offenders and holiday celebration. The purpose of the ordinance is to protect the public. The idea is the same as the registration requirement for convicted sex offenders; putting the public on notice and allowing sex offenders to be identified. Failing to register is a crime on its own, and the new changes to Jacksonville’s ordinance have created the possibility of further criminal prosecution for certain actions. According to FirstCoastNews.com, the changes to Jacksonville’s ordinance were aimed at closing loopholes sex offenders were using to get around certain prohibitions related to holiday celebration. For instance, the previous version of the ordinance would not allow sex offenders to wear masks for Halloween. The law did not address the issue of face paint, so registered sex offenders were using face paint to avoid trouble with the law. Face painting is now prohibited also.
Another gap that was closed was one that allowed sex offenders to, for instance, put up Halloween decorations early on, then remove the decorations by Halloween. The new amendments enacted in February closed this loophole as well. Parents are advised to stay vigilant this holiday season while children are trick-or-treating. The Florida Department of Law Enforcement’s (FDLE) sex offender and sexual predator website can be found by clicking here.
Stay safe and have fun. Happy Halloween!
States, including Florida, often pass laws to protect children. Statutory rape laws are intended to protect children from being victims of sexual advances by older people. Florida Statute 794.05, entitled Unlawful Sexual Activity with Certain Minors, makes it a felony for any person 24 years old or older to have have sex with a child that is 16 or 17 years old. The consent of the minor is disregarded by the law when the defendant 24 or older. NoBullying.com gives insight into the thought process behind the rule that the minor cannot give consent in the eyes of the law. Jacksonville criminal defense lawyers can sometimes be a bit flustered by this fact. Especially when lack of knowledge of the victim’s age is not a defense to prosecution, according to Florida Statute 794.021.
Jacksonville criminal defense lawyers know that sex crimes, like statutory rape, are serious. Most of the time, a defendant will be required to register as a sex offender. In certain situations, your Jacksonville criminal defense lawyer may be able to argue that under the facts in your case, registration as a sex offender isn’t required. One the most common arguments is referred to as the “Romeo and Juliet exception”. When the defendant and the victim are no more than four years apart in age, the defendant can avoid the registration requirement.
When the victim is under 16, Florida Statute 800.04, which governs lewd or lascivious offenses, comes into play. Sexual intercourse is not a requirement under this statute. It can be used to prosecute inappropriate touching of children under 16, as well sexual intercourse with children under 16. The Law Office of David M. Goldman, PLLC has experienced Jacksonville criminal defense lawyers on staff that can help you or a loved one in your time of need. Whether you’re looking to simply speak with a Jacksonville criminal defense lawyer to know what your legal rights are or if you need a Jacksonville criminal defense lawyer to defend you in a criminal case, case us today at (904) 685-1200. We can help. Click here to view our Jacksonville Criminal Defense Lawyer Blog for more helpful information.
Trick or Treating is not the same as it used to be. Now added to the list of concerns parents have when trick or treating, is their fear of people designated as sex offenders or predators.
Sexual predators and sexual offenders are different classifications based on certain criteria under the Florida Statutes. Through the Public Safety Information Act of 1997, Florida began listing sexual offender information available through a 24 hour a day hotline and on the Internet. Both sex offenders and sexual predators must register with the Florida department of Law Enforcement and their names, addresses and picture are posted on the sexual offender database.
The holiday of Halloween not only brings special concern to parents but also to offenders. In Florida, there are special requirements on Halloween for sex offenders and sexual predators, such as not being able allowed to display Halloween decorations, distribute candy or leave their outside lights on. However many state restrictions only apply to those individuals who are currently on supervised probation. As a result, many counties have stepped in by imposing different additional requirements on Halloween. These requirements vary by each county and each year there are changes so sex predators and sex offenders need to make sure they know the rules in the county in which they reside.
Jacksonville.com reported that in Duval and Saint johns county during Halloween sex offenders and predators are required to post a sign in their yard stating that they have no candy or treats at this residence, nor can they have on any outside lights or participate in any activities.
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