Tama Beth Kudman is an experienced, knowledgeable and aggressive criminal defense attorney with offices in West Palm Beach and Palm Beach Gardens Florida and New York City, NY. She has extensive experience defending individuals accused of sex crimes offenses in both state and federal court.
Sex Crimes- An Overview
There are few areas of law that have seen more innocent people falsely convicted than those related to sex crimes, including: child sex-abuse, rape, and internet pornography. Thousands of lives have been ruined by false accusations and by disproportionately harsh penalties imposed on the convicted.
Ineffective defense is sadly one reasons for this terrible injustice. If you are being investigated or have been accused of a sex crime, it is absolutely imperative that you obtain defense counsel experienced in the area of sex crimes defense. The issues and defense strategies in this area of criminal law are different from those in other areas of criminal law, and require extensive knowledge, skills and investigative resources.
Sex Crimes include:
- Sexual Assault
- Lewd and Lascivious Battery
- Statutory Rape
- Indecent Exposure
Computer Sex Crimes
Computer sex crimes include those offenses that are perpetrated using the computer. These offenses are prosecuted by both state and federal authorities. They include the following:
- Child Pornography– the creation, distribution, or possession of photos, movies, digital photos, or digital movies, which contain child pornography or “kiddy porn.”
- Solicitation of a minor for sex– This includes soliciting minors for sex in chat rooms, bulletin boards and other online locations. This includes soliciting a police officer who was posing as a minor or parent of a minor.
- Lewd or lascivious exhibition– This includes exposing yourself over the internet to a potential minor or undercover police officer posing as a minor. Other acts include masturbating or any other sexual act not involving actual contact with the victim.
The most serious sexually motivated crimes can result in a lengthy prison sentences followed by a long terms of probation and designation as a sexual offender or predator.
Sex Offender Probation
Sex offender probation can be offered in lieu of prison or jail time, or can be ordered to follow a term of incarceration. Sex offender probation is extremely onerous, and many people on sex offender probation violate that probation. Any violation of probation can result in the court sentencing the individual to any amount of time in Florida State Prison up to the statutory maximum. Sex Offender Probation generally entails the following:
- Designation as Sexual Offender
That the defendant shall be deemed a Sexual Offender and shall fulfill all requirements of s. 943.0435, Florida Statutes.
- Reporting to Probation Officer
That the defendant shall report as required by s. 943.0435(2), Florida Statutes, within 48 hours of release from incarceration/sentencing.
- Designation as a “Sexually Violent Offense”
This offense is a “sexually violent offense” under Sections 394.910 – 394.931, Florida Statutes, regarding Involuntary Civil Commitment of Sexually Violent Predators. The defendant will be considered for involuntary civil commitment as a sexually violent predator before release from any Florida State Prison sentence he serves.
The defendant understands and agrees that the State may pursue any legal action against the defendant for involuntary civil commitment as a sexually violent predator at the discretion of the State and in accordance with governing Florida law.
This plea agreement does not prohibit, restrict or otherwise limit the ability of the State to seek an involuntary civil commitment against the defendant.
That the defendant shall abide by a mandatory curfew 10 p.m. to 6 a.m. [F.S. 948. 30(1)(a)].
- Living Location
That the defendant shall not live within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. [F.S. 948. 30(1)(b)].
- Sex Offender Treatment Program
That within thirty (30) days after release from incarceration/sentencing the defendant shall enroll in and thereafter remain continuously enrolled in an outpatient sex offender treatment program at his expense.
The defendant shall actively participate in the treatment program until discharged by the therapist as having successfully completed the treatment program. [F.S. 948. 30(1)(c)].
The defendant shall complete the outpatient sex offender treatment program within 4 years of release from incarceration/sentencing, unless additional time to complete the treatment program is recommended by the therapist and approved by the court.
- No Contact with the Victim
That he shall not have any contact with the victim, directly or indirectly, including through a third person, for the duration of the sentence imposed. The sentencing court may allow contact only upon a request by the victim made at any time after the victim has attained 18 years of age, and only if contact with the victim is approved by the defendant’s therapist.
The defendant shall not be allowed contact unless the sentencing court conducts an evidentiary hearing and determines that a change in circumstances has occurred which warrants a change in the court order prohibiting contact with the victim, and the court determines that contact is in the best interest of the victim. [F.S. 948.30(1)(d) and F.S. 921.244].
- No Contact with Children
That he shall have no contact with a child under the age of 18. The sentencing court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. [F.S. 948. 30(1)(e)]
- No Working with Children
That he shall not work for pay or as a volunteer at any school, day care center, park, playground, pet store, library, zoo or other place where children regularly congregate. [F.S. 948. 30(1)(f)].
- No Pornography
That he shall not view, own or posses any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the defendant’s deviant behavior pattern. [F.S. 948. 30(1)(g)].
- No Access to the Internet
That he shall not access the Internet or other computer service until the sex offender treatment program completes a risk assessment and approves and implements a safety plan for the offender’s accessing or using the Internet or other computer service. [F.S. 948.30(h)].
- Provision of DNA Sample
That he shall provide a specimen of blood or other approved biological specimen to the Florida Department of Law Enforcement to be registered with the DNA data bank. [F.S. 943.325/948. 30(1)(i)].
- Restitution for Psychological Counseling
That he shall make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. [F.S. 948. 30(1)(j)].
- Warrantless Searches
That he shall submit to warrantless searches by the community control or probation officer of the defendant’s person, residence, or vehicle. [F.S. 948. 30(1)(k)].
- Submit to Polygraph Examinations
That as part of his treatment program, he shall participate at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the defendant’s denial mechanisms. All polygraph examinations must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, and shall be paid by the defendant. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. [F.S. 948. 30(2)(a)].
- Driving Log and Travel Restrictions
That he shall maintain a driving log and shall not operate a motor vehicle alone without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(b)].
- No Post Office Box
That he shall not obtain or use a post office box without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(c)].
- Submit for HIV Testing
That he shall submit to an HIV test at his expense. The results are to be released to the victim and/or the victim’s parent or guardian. [F.S. 948. 30(2)(d)].
- Submit to Mandatory Electronic Monitoring
That he shall be subject to mandatory electronic monitoring pursuant to Section 948.30(3) Florida Statutes.
- Pay Court Costs, Fines and other Expenses
That he shall pay costs in an amount to be set by the Court. That he shall pay an additional court cost of $151.00 pursuant to F.S. 938.10, for crimes against minors. (victim a minor and violation of 784.085, 787, 794, 796.03, 800.04, 827, 847.0145, 985.4045). That he shall pay costs of prosecution in the amount of $150.
- Submit to Psychological or Mental Health Assessment
That within thirty (30) days after release from incarceration/sentencing, he shall submit to a Psychological/Mental Health Assessment and shall follow through with any treatment recommended by the evaluator, at his expense. He shall complete any recommended treatment within three (3) years of release from incarceration/sentencing.
- Submit to Random Drug Testing
That he shall present himself for random testing for the presence of drugs at the request of the community control or probation officer.
- Perform Community Service
That he shall perform 100 hours of community service to be completed within the first five (5) years of supervision at the minimum rate of eight (8) hours per month.
Sex Offender Registration
One of the most pernicious and punitive consequences of a sex crime conviction is the sex offender registration, a nightmare that never ends. If convicted of sex abuse or other crimes, you may have to register with the state as a sex offender for years or for the rest of your life.
Sex offender registries make public the following:
- A convicted sex offender’s name and address
- The charge for which he or she was convicted
As a result of this public posting, sex offenders often have difficulty finding a place to live or work, and harassment is commonplace.
The Importance of Experienced Legal Help
Given the extraordinary consequences that can result from a conviction for a sex crime, it is essential to retain experienced and knowledgeable criminal defense counsel. Tama Beth Kudman has been representing individuals accused of committing state and federal sex crimes for nearly 20 years. Ms. Kudman brings this experience and knowledge to every case that she defends.
Contact Tama Beth Kudman, an experienced, knowledgeable and aggressive criminal defense attorney today for help if you are charged with any crime or if you believe you are under investigation.