Incest, as described under Florida TITLE XLVI CRIMES Chapter 826.04, is a sex crime committed by a person who “knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece…,” and it is a third degree felony offense. The second element of the sex crime of incest is sexual intercourse, which refers to any degree of penetration of a female sex organ by a male sex organ, with or without the emission of semen.
Why is Incest Illegal?
When incest occurs between a parent and child or underage relative, it is also a form of child abuse. Children who have experienced incest suffer psychologically and have difficulties forming normal relationships as adults. If a baby is born from an incident of incest, chances of genetic defects are highly increased because some DNA is identical. The chance of “bad genes” becoming dominant may occur and a baby may be born with genetic problems like Down’s syndrome or Hemophilia. Mostly, however, the sex crime status attributed to “incest” stems from religious and cultural taboos.
Florida Law Punishment for Incest
There are many serious punishments that can be doled out for the sex crime of incest.
- As a third degree felony, incest is punishable under s.775.082, s.775.083, or s.775.084.
- It results in a mandatory sentence of up to 5 years in prison.
- A possible $5000 fine.
- Punishment can be increased if incest also involves other sex crime law violations such as child abuse or rape.
- If a death occurs from a related crime, the penalty could be the death sentence.
In addition to losing your freedom to a prison sentence, you will officially become a sexual offender or sexual predator and be required to register in the National Sexual Offender Registry, maintain contact with authorities to report your residence and employment, and you will need to replace your normal driver’s license with one that marks you as a sexual offender. If you fail to register and maintain updated information several times a year, you will face additional prison time and more felony charges.
How to Fight Incest Charges
If you are being questioned about possibly committing incest, it is essential that you obtain experienced legal assistance immediately to protect your freedom and your rights. There are many strategies that a high-powered Florida sex crime attorney can utilize on your behalf to avoid charges. Some defense strategies include DNA testing, expert witness testimony, and other tactics an experienced sex crimes attorney knows how to employ.
Time is critical; do not delay in calling a Musca Law criminal defense sex crimes attorney. Use the website contact form or the toll-free telephone number. An experienced Musca sex crime lawyer can review your case with no obligation now. Musca Law has offices throughout the State of Florida, and in the cities of Orlando, Jacksonville, Tampa or Miami. You may reach us at (800) 687-2252.
