Older Men and Younger Girls, a Recipe for Disaster

Attorney Peter D. Aiken Sex Crimes Defense 941-366-3506
Attorney Peter D. Aiken
Sex Crimes Defense


The law in Florida is a little complicated when it comes to understanding how old a girl (woman) must be to lawfully engage in consensual sex.

Part of it depends on how old the people engaging in sex are. If a man or a woman (a person) engages in sex with another person whether or not it is the crime of sexual battery is determined by ages. Generally, the age of consent in Florida is 18. However people sixteen and seventeen years old can engage in sex as long as the other party is not over 23. In other words, if a man 24 years or older engages in sex with a seventeen year old, he commits sexual battery.

It does not matter if the seventeen year old has lied about her age or is promiscuous.

If you are over 23 and the girl is under 18 you are in deep trouble.

This creates great danger for men and if there is any remote doubt about age, walk away. What if a seventeen year old girl has a false ID and is in a bar drinking. If you are over 23, as crazy as it may sound, even if she shows you a false ID claiming to be 19, and you hookup, it is a crime. If you are under 24 and she is 16 or 17, it is not a crime. The law is incredibly confusing for young men and women and a simple mistake can land you in prison and make you a registered sex offender, unless you qualify under the Romeo and Juliette law.

Under the law, 14 and 15 year old girls (jail bait) are incapable of giving legal consent and they are strictly off limits. Many times the police, conducting an interview will trick the person being questioned into thinking that if the 14 or 15 year old consented it is ok. If you are under investigation for any sex crime, particularly sexual battery, you absolutely should talk to a lawyer before saying anything to a detective or deputy. Your ignorance of the law may have gotten you into trouble. Do not let your ignorance of your constitutional rights bury you. There is nothing wrong with “lawyering up” and if you are under investigation for a sex crime, you should.

I have been defending men (and women) for over thirty years. Sadly, many teenage girls falsely accuse stepfathers, the mother’s new boyfriend and other relatives and have an agenda of their own. I have found that many of these accusations are simply false. Also, sadly, here in Sarasota the prosecutors have a tendency to always believe the accuser. They simply do not understand how a false accusation can destroy a life and a reputation.

If you have a son, brother, father or loved one under arrest or under investigation and want to discuss options call 941 366 3506 for a free consultation



Another Arrest for Child Porn in Sarasota

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney


Another man was arrested over the weekend for possession of child pornography here in Sarasota.

More and more men are being arrested as a result of a new “spider” crawling the Internet looking for known images of child pornography being transmitted. When Google or some other provider identifies an IP address as having received or sent an illegal kiddie porn image, the police now have a program that will come into your computer without your knowledge and download items in your computer. This is true if you use certain file sharing programs. What people do not know is that even if you have the “sharing” disabled, every time you turn your computer on, it defaults to “file sharing”. The police have an application that is basically constantly “knocking” at your computers door.

The second you turn your computer on, the program defaults to “sharing” and the police begin downloading items from your computer.

The best way to not get arrested is to not commit a crime.

Do not download or view child pornography, even out of curiosity.

The penalties are incredibly harsh.

As a sex crime defense lawyer, I was shocked to learn that the police could come into your computer uninvited and without your knowledge. There is a genuine issue as to whether or not this is an illegal warrantless search. Their position is that if you use a file sharing program, you have consented. This issue will ultimately be resolved in the Courts. I have suspected for years that images may be transmitted by law enforcement. Child pornography cases are tough to defend and a good lawyer has to be on his or her game to stay current with law enforcement techniques.

If a loved one has been arrested for possession or transmission of child pornography and you would like to talk to an experienced child pornography defense attorney, feel free to call 941 366 3506 for a confidential free consultation. I can also visit your loved one in jail. Keep in mind, anything you say on a jail phone is being recorded. Never discuss the facts of a case over the phone with anyone in custody. They are listening and recording every word

Huge Child Pornography Seizure ….Millions of Illegal Images

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney

In Louisiana State troopers arrested three men, seized numerous computers and storage devices which contained over one million illicit images.

Needless to say, these men are facing decades in prison.

As a Sarasota criminal defense lawyer, and a State and Federal Child Pornography defense attorney, I have seen a trend in child porn prosecutions. Here in Sarasota, the State is running up the sentencing guideline computation by filing dozens of second degree felony charges in kiddie porn cases. It is a third degree felony to possess an illegal child porn image or video. In almost every child porn case, the search warrant results in the seizure of hundreds of images. That is because now, in the age of the Internet, with a single click of a mouse, dozens if not hundreds of images can be downloaded instantly. The State can charge hundreds of individual counts as third degree felonies. This runs the guidelines for sentencing through the roof. Even worse, the State can file a second degree felony for each image if the person arrested possesses more than ten images and one of the ten involves a child engaged in sex (sexual battery). This can jack the guidelines even higher by scoring each individual image as a second degree felony, rather than a third. This results in sentencing guideline manipulation. This results in sentencing guideline manipulation

Child Pornography cases are tough.

The public opinion and bias makes trying them to a jury problematic. You have to find technical defenses such as search and seizure issues or other ways to win. Tough does not mean impossible. For over thirty years I have been taking on tough cases. If it was easy, every lawyer would do it.


If a loved one has been charged with possession of child pornography or charged with transmission of child pornography or need a second opinion and you want to discuss options call 941 366 3506 for a free consultation

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