Orlando, FL asked in Criminal Law for Florida

Q: Is there anything that can be done as far as post conviction for a person who’s been convicted of a sex offense

I’m trying to gather information on if anything can be done for someone who has been convicted of a sex offense and has served more then half of the sentence. He was listed as a sex offender but due to the change in law any sexual crime after sep 1 2004 your considered a predator. Which he is not is there any way that could be over turned with a post conviction lawyer?

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1 Lawyer Answer
Sasha  Dadan
Sasha Dadan
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: Not everyone who commits a sexual offense is listed as a sexual predator. See Fla. Stat. 775.21.

You may want to speak to an attorney about the Romeo and Juliet law, which may qualify for removal from the sex offender registry.

SEXUAL PREDATOR CRITERIA.-

(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predatoru201d under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:

1. The felony is:

a. A capital, life, or first degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the victim's parent or guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or

b. Any felony violation, or any attempt thereof, of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction;

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