Tampa Child Molestation Attorney
If you have been arrested or are under investigation for child molestation or Lewd or Lascivious Molestation in Florida, securing experienced legal representation immediately can make a significant difference in the outcome of your case. These allegations are among the most aggressively prosecuted sex crimes in Florida and carry life-changing consequences, including lengthy mandatory prison sentences, lifetime sex offender registration, and lasting harm to your reputation, career, and future. Depending on the age of the alleged victim and the specific facts of the case, a conviction may be punishable by life in prison. At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt provides strategic, aggressive representation for individuals accused of child molestation and other serious sex offenses throughout Tampa and Hillsborough County. From the moment you retain our firm, we begin protecting your constitutional rights, scrutinizing the evidence, and building the strongest defense possible. Contact Hunt Law today to schedule a confidential consultation with a Tampa Child Molestation Attorney committed to protecting your freedom and your future.
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Understanding Child Molestation Charges in Florida
Being accused of child molestation in Florida is one of the most serious criminal allegations a person can face. A conviction can result in years—or even life—in prison, mandatory sex offender registration, lengthy probation, electronic monitoring, and permanent damage to your reputation, career, and future. Because these allegations often arise before any physical evidence is collected and frequently depend on statements made during forensic interviews or law enforcement investigations, it is critical to retain an experienced Tampa Child Molestation Attorney as early as possible.
In Florida, what many people commonly refer to as "child molestation" is typically prosecuted under Section 800.04, Florida Statutes, as Lewd or Lascivious Molestation. While the term "child molestation" is widely used by the public and the media, the specific criminal offense carries unique legal elements that prosecutors must prove beyond a reasonable doubt. Every case is different, and the facts surrounding the allegations can dramatically affect both the charges filed and the potential penalties.
At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt represents clients accused of Lewd or Lascivious Molestation and other serious sex crimes throughout Tampa, Hillsborough County, and the surrounding communities. From the moment you retain our firm, we begin protecting your constitutional rights, investigating the allegations, preserving favorable evidence, and developing a strategic defense designed to achieve the best possible outcome.
What Is Lewd or Lascivious Molestation?
Under Section 800.04(5), Florida Statutes, a person commits Lewd or Lascivious Molestation by intentionally touching, in a lewd or lascivious manner, the breasts, genitals, genital area, buttocks, or the clothing covering those areas of a person younger than 16 years of age. The statute also prohibits forcing or enticing a person under 16 years old to touch the perpetrator in a lewd or lascivious manner.
Unlike many other criminal offenses, Florida law does not require prosecutors to prove sexual intercourse or sexual activity to obtain a conviction for Lewd or Lascivious Molestation. Instead, the prosecution must establish that the alleged touching occurred and that it was committed in a lewd or lascivious manner.
Whether conduct meets that legal standard often becomes one of the most contested issues in these cases. The surrounding circumstances, witness testimony, forensic interviews, electronic communications, and other evidence frequently determine whether prosecutors can satisfy their burden of proof.
Penalties for Lewd or Lascivious Molestation in Florida
The penalties for Lewd or Lascivious Molestation vary depending on both the age of the accused and the age of the alleged victim. Even for individuals with no prior criminal history, these offenses carry severe felony penalties.
If the defendant is 18 years of age or older and the alleged victim is under 12 years old, the offense is a Life Felony. Florida law requires a minimum mandatory prison sentence of 25 years, and if the defendant is not sentenced to life imprisonment, lifetime probation follows any term of incarceration. A conviction may also result in a fine of up to $15,000.
If the defendant is under 18 years old and the alleged victim is under 12, the offense is generally a Second-Degree Felony, punishable by up to 15 years in prison and a fine of up to $10,000.
If the defendant is 18 or older and the alleged victim is 12 to 15 years old, the offense is also a Second-Degree Felony, carrying a maximum penalty of 15 years in prison and a fine of up to $10,000.
If both the defendant is under 18 and the alleged victim is 12 to 15 years old, the offense is generally charged as a Third-Degree Felony, punishable by up to 5 years in prison and a fine of up to $5,000.
In certain circumstances involving qualifying prior convictions, Florida law authorizes even greater sentencing enhancements.
Important Features of Florida's Child Molestation Law
Florida's Lewd or Lascivious Molestation statute contains several provisions that make these cases particularly difficult to defend without experienced legal representation.
Perhaps most importantly, mistake of age is not a legal defense. Even if a defendant genuinely believed the alleged victim was older than 16—or the alleged victim falsely represented his or her age—the law specifically prohibits raising that belief as a defense.
Likewise, consent is not a defense under Florida law. Because individuals under the age of 16 cannot legally consent to the conduct prohibited by Section 800.04, prosecutors are not required to prove that the alleged victim objected or failed to consent.
Although these statutory defenses are unavailable, that does not mean a conviction is inevitable. Prosecutors must still prove every element of the offense beyond a reasonable doubt, and many allegations ultimately involve factual disputes, credibility issues, or insufficient evidence.
Sex Offender Registration Consequences
A conviction for Lewd or Lascivious Molestation will almost always require compliance with Florida's strict sex offender registration laws.
Registration involves far more than simply placing a person's name on a public registry. Individuals required to register must regularly report to law enforcement and provide detailed personal information, including residential addresses, employment information, vehicles, internet identifiers, photographs, fingerprints, and other identifying information. Many registrants must continually update that information throughout their lives, and failure to comply with these reporting requirements can result in additional felony charges.
The long-term consequences of registration often extend well beyond the criminal sentence itself, affecting housing opportunities, employment, education, and personal relationships for years to come.
Defending Against Child Molestation Allegations
No two child molestation cases are alike. Some investigations begin after delayed disclosures made months or years after the alleged events. Others arise during contentious divorces, custody disputes, family conflicts, or misunderstandings that escalate into criminal investigations. In many cases, there is no physical evidence whatsoever, leaving the prosecution largely dependent upon witness statements and forensic interviews.
At Hunt Law, every case receives a thorough and independent review. We carefully evaluate whether investigators followed proper procedures, whether constitutional rights were respected, and whether the prosecution can actually prove each required element of the offense.
Depending on the facts, defenses may include:
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False allegations
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Fabricated claims arising from custody or family disputes
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Mistaken identity
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Lack of lewd or lascivious intent
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Innocent or accidental touching
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Inconsistent witness statements
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Improper forensic interviewing techniques
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Insufficient evidence
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Constitutional violations involving searches, seizures, or interrogations
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Suppression of unlawfully obtained evidence
Because these cases often involve digital evidence, text messages, social media records, forensic interviews, DNA evidence, and expert testimony, an experienced defense attorney must carefully examine every aspect of the State's investigation before determining the best strategy.
Early Intervention Can Make a Significant Difference
Many child molestation investigations begin long before formal charges are filed. Detectives may request a "voluntary" interview, ask to search electronic devices, or attempt to obtain statements they later use to support criminal charges.
If you learn that you are under investigation, do not speak with law enforcement before consulting an attorney. Early legal representation may help protect your constitutional rights, prevent damaging statements from being made, preserve favorable evidence, and place you in the strongest possible position before prosecutors make charging decisions.
Attorney Ruffin Hunt represents clients during every stage of the criminal process, including:
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Pre-arrest investigations
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Law enforcement interviews
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Search warrant investigations
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Bond and first appearance hearings
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Discovery and evidence review
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Motion practice
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Plea negotiations
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Jury trials
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Sentencing proceedings
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Appeals and post-conviction matters
Speak With a Tampa Child Molestation Attorney Today
If you have been arrested for or are under investigation for child molestation or Lewd or Lascivious Molestation in Tampa or anywhere in Hillsborough County, your future is too important to leave to chance. These cases demand immediate action, meticulous preparation, and an attorney who understands both the complexity of Florida's sex crime laws and the high stakes involved.
At Hunt Law, we are committed to providing aggressive, confidential, and strategic representation to individuals facing some of the most serious criminal charges under Florida law. Contact Hunt Law today to schedule a confidential consultation with an experienced Tampa Child Molestation Attorney and begin building your defense.
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What Are The Elements Of Lewd & Lascivious Molestation?
To prove the crime of Lewd or Lascivious Molestation, the State must prove the following three elements beyond a reasonable doubt:
Give 1a or 1b or both as applicable.
1. (Defendant),
a. in a lewd or lascivious manner, intentionally touched the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (victim).
b. in a lewd or lascivious manner, intentionally [forced] [enticed] (victim) to touch the [breasts] [genitals] [genital area] [buttocks] [clothing covering the breasts] [clothing covering the genitals] [clothing covering the genital area] [clothing covering the buttocks] of (defendant).
Give 2a or 2b as applicable.
2. At the time, (victim)
a. was 12 years of age or older but less than 16 years of age.
b. was less than 12 years of age.
Give 3a or 3b as applicable.
3. At the time, (defendant)
a. was 18 years of age or older.
b. was less than 18 years of age.
Give if applicable. § 800.04(8), Fla. Stat.
A mother’s breastfeeding of her baby does not under any circumstance constitute a Lewd or Lascivious Molestation.
The words “lewd” and “lascivious” mean the same thing: a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.
§ 800.04(3), Fla. Stat.
The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.
Give if applicable.
“Bona fide” means genuine.
Give if applicable. § 800.04(2), Fla. Stat.
Neither (victim’s) lack of chastity nor (victim’s) consent is a defense to the crime charged.
§ 800.04(1), Fla. Stat.
“Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
§ 800.04(1), Fla. Stat.
“Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
Give if applicable. § 775.0862, Fla. Stat.
Reclassification for sexual offense against student by school authority figure.
If you find that (defendant) committed the crime of Lewd or Lascivious Molestation, you must also determine whether the State has proved beyond a reasonable doubt that (defendant) was an authority figure at a school and (victim) was a student at the same school.
“Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
“School” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, [or other public school level authorized under the rules of the State Board of Education]. The term “school” does not include facilities dedicated exclusively to the education of adults. If needed, insert appropriate definitions from § 775.0862(1)(b), Fla. Stat. for “private school” or “voluntary prekindergarten education program” or “early learning program” or “public school as described in s. 402.3025(1)” or “the Florida School for the Deaf and the Blind” or the “Florida Virtual School” or the “K-8 Virtual School.”
“Student” means a person younger than 18 years of age who is enrolled at a school.
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience handling misdemeanor, felony, and DUI cases. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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Hunt Law serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
Important Hillsborough County Criminal Justice Locations
If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
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Hunt Law has deep roots in Hillsborough County and remains actively involved in the Tampa Bay community through participation in several respected local and professional organizations. The firm is proud to be associated with the Tampa Bay Chamber of Commerce, the South Tampa Chamber of Commerce, and the Ybor City Chamber of Commerce, organizations that play an important role in supporting local businesses, economic development, and community engagement throughout the region. As a Tampa native, attorney J. Ruffin Hunt understands the unique needs of individuals and families in Hillsborough County and is committed to serving the community both inside and outside the courtroom. These local affiliations reflect Hunt Law's ongoing commitment to professionalism, community involvement, and providing trusted criminal defense representation to clients throughout all of Hillsborough County.
Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: Do I need a lawyer if charges haven't been filed yet?
A: It can be beneficial. In many cases, hiring a criminal defense attorney before formal charges are filed can be one of the most important decisions you make. Whether you are under investigation, have been contacted by detectives, or were arrested but are still waiting for the State Attorney's Office to decide whether to file charges, an attorney can protect your rights, communicate with law enforcement on your behalf, and help you avoid making statements that could be used against you. Early legal representation also provides an opportunity to present favorable evidence, identify weaknesses in the allegations, address misunderstandings, and advocate for prosecutors not to file charges or to pursue less serious charges when appropriate. Although no attorney can guarantee a particular outcome, getting experienced legal counsel involved as early as possible often creates opportunities that may no longer exist once formal charges have been filed.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: What happens if I violate probation in Florida?
A: If you are accused of violating probation in Florida, your probation officer may file an affidavit alleging a violation, which can lead to the issuance of a warrant, a warrantless arrest, or a notice to appear in court. At your first court appearance, you can either admit or deny the alleged violation. If you deny it, the court will hold a violation of probation hearing where the State must prove by the greater weight of the evidence that you committed a willful and substantial violation of your probation. If the judge finds that a violation occurred, the court may continue your probation, modify its conditions, or revoke it entirely. Revocation can result in a conviction if adjudication was previously withheld and may expose you to the maximum sentence available for the original offense. Because probation violation cases involve different procedures and a lower burden of proof than a criminal trial, it is important to speak with an experienced criminal defense attorney as soon as possible to evaluate potential defenses and protect your rights.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.