Don Waggoner Law

Orlando and Kissimmee Criminal Defense Lawyer and DUI Attorney

DO NOT TALK TO LAW ENFORCEMENT WITHOUT FIRST CONSULTING A LAWYER!!!

OTHER SEX OFFENSES

There are other sex offense which can be just as serious as the ones already mentioned.  They can get you on the sex offender registry and in prison just as fast and easy as the major sex crime of sexual battery.  They include Child Pornography; Travelling to Meet a Minor; Using a Computer to Transmit Lewd Acts; and Prostitution.

It is important that your attorney is experienced and has good negotiation skills. He must have experience with investigation techniques and be familiar with experts in the field. Orlando and Kissimmee Sex Crimes Attorney Don Waggoner is an experienced litigator of sexual offenses. He has learned that is extremely important that a person who has been accused of these type crimes, or who is being questioned about events that could lead to charges, should not and must not make any statements to anyone, especially law enforcement, without first consulting an attorney! Your defense will be severely hampered by any statements you make to anyone, whether it is law enforcement, your spouse, your boss, or your best friend. Kissimmee and Orlando Sex Crimes Attorney Don Waggoner will advise you about what to do and help you to preserve your rights.

Child Pornography

If you view and download any pornography, you may be opening up yourself to a crime involving child pornography.  If you unintentionally view child pornography, you may be okay, but if you download it, even unintentionally, you may be guilty of a crime.  The cops troll the internet searching for people who are viewing and downloading child pornography.  If they suspect you are committing this crime, they will get a warrant and seize your computers and any computer related material.  You may be in danger of such charges if someone is stealing your computer services and using them for this purpose.
F.S. 827.071 Computer pornography; prohibited computer usage; traveling to meet minor; penalties.—
(1) SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act.”
(2) COMPUTER PORNOGRAPHY.—A person who:
(a) Knowingly compiles, enters into, or transmits by use of computer;
(b) Makes, prints, publishes, or reproduces by other computerized means;
(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or
(d) Buys, sells, receives, exchanges, or disseminates,
any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or
(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.


Travelling to meet a Minor

Travelling to meet a minor for sex, or causing the minor to travel to you is a very serious offense.  Law enforcement is constantly on the internet trying to entrap individuals into committing this crime.  It is not necessary that a person actually carry through with the meeting, but some action toward a meeting must be made.
Orlando and Kissimmee Sex Crimes Attorney Don Waggoner can show you defenses to this crime and may be able to help you avoid a conviction or prison.  It is important that you contact Sex Crimes Attorney Don Waggoner early on in such an investigation so that he can begin investigating the charges against you.  Attorney Don Waggoner will assist you in getting bond and out of jail.  Sex Crimes Attorney Don Waggoner will work hard to help save your reputation.
F.S. 847.0135 (4) TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or
(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


Using a Computer to Transmit Lewd Acts

F.S. 847.0135 (5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.
(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.
(6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.
(7) STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child’s guardian, or another person believed by the person to be a child or a child’s guardian.
(8) EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.


Prostitution

Whether you are accused of committing prostitution, or whether you are the one accused of soliciting the prostitute, many problems can arise.  The law enforcement agencies love to use this crime in stings.  They either set themselves up as the prostitute or as the john and lure people into their traps.  They use the internet on sites such as Craig’s List. 

Once they arrest you, they make sure the local news media get you name and your picture for publication.  When the time for prosecutions roll around, the prosecutors often will not offer diversion to even the first time offenders, and will urge the judges to adjudicate you guilty rather than withhold guilt.
There are often defenses, because the cops makes mistakes in these stings.  Orlando and Kissimmee Criminal Defense Attorney Don Waggoner is experienced in the defense of the crime of prostitution. 

Call for a free consultation to see if he may be able to get your charges dismissed or a reasonable solution to your case.

F.S. 796.03  Procuring person under age of 18 for prostitution.
F.S. 796.035  Selling or buying of minors into prostitution; penalties.
F.S. 796.036  Violations involving minors; reclassification.
F.S. 796.04  Forcing, compelling, or coercing another to become a prostitute.
F.S. 796.05  Deriving support from the proceeds of prostitution.
F.S. 796.06  Renting space to be used for lewdness, assignation, or prostitution.
F.S. 796.08  Screening for HIV and sexually transmissible diseases; providing penalties
F.S. 796.07 Prohibiting prostitution and related acts.—

(1) As used in this section:
(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
(b) “Lewdness” means any indecent or obscene act.
(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
(2) It is unlawful:
(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.
(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.
(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.
(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.
(i) To purchase the services of any person engaged in prostitution.
(3)(a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.
(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action regarding charges filed pursuant to this section.
(4) A person who violates any provision of this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.
(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) A person who is charged with a third or subsequent violation of this section shall be offered admission to a pretrial intervention program or a substance abuse treatment program as provided in s. 948.08.
(6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Family Services for the sole purpose of funding safe houses and short-term safe houses as provided in s. 409.1678.