All too often young consenting adults are treated in the same category as true sexual predators. That can often be a true tragedy for our youth. Their careers can eviserate into an either of opportunity. Their dreams are gone. Doors are shut, and even technical doors to trade schools can close. Why, because of the statute mandating that they be classified as sexual offenders. Registration, and residency opportunities can disappear overnight. They are instantly prohibited from living with the rest of society. It is truly as if they are banished to a leper colony.
In the end does law enforcement or the State Attorney concern itself with such results? No, they pat themselves on the back, and assume that society will continue to re-elect them not knowing some of the social harm that they did create. They do not understand that the State had an opportunity to do “true justice,” and did not understand the facts of some more unique cases involving young consenting minors.
Understand that there can be a plea upon the court for reclassification to escape the grip of the ghouls of death. It is known as the Romeo & Juliet Statute; Fla. Stat. 943.04354. Below is a breakdown of classification and entitlement upon consent of the court.
ROMEO AND JULIET STATUTE
943.04354
- If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is ineligible to petition for relief.
Under the Statute if the victim is 14 or above and there is less than 4 years difference, only then does the Romeo and Juliet Act comes into play.
-General eligibility: Victim is 14 or above. Defendant is less than 4 years above the victim. Act is consensual.
-Impact: Within discretion of court may remove the defendant from registration of sexual offender statute.
-Can file a motion before the court. Must allege:
1. Been convicted of sex offense and do not have other conviction of this sort.
2. Defendant does not have conviction of any other similar nature elsewhere.
3. Act must have been consensual.
4. Need to file more than 21 days prior to disposition.
-What the Statute does is it allows the defendant to Petition for Non-Registration as a Sexual Offender/Predator. Miller v. State, 17 So.3d 778, 781 (Fla. 5th DCA 2009).
(End of Authority)
Looking at such a crime, give me a call. I have handled hundreds of sexual battery crimes and emphasize practice in this field. I have tried hundreds of cases with great success. It would be my pleasure to serve your needs. Don’t wait and dare cast your lot upon the less experienced, or the more economical. Give me a call immediately.
Jeffrey W. Wiggs, Esq.
307 N. Barrow Ave.
Tavares, Fl. 32778
Ph: (352) 253-0100
(352) 430-6274
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