Under Florida law, you do not have to actually commit a crime to be convicted of an offense. Rather, a person can be found guilty for a criminal attempt if he or she takes any action toward the commission of the offense but is prevented from actually executing the crime. While a defendant can be charged with an attempt to commit numerous crimes, attempt charges frequently arise in cases involving sex crimes.
The standard of what is necessary to prove an attempted sex crime was recently clarified by a Florida Court of Appeals in Berger v. State, a case involving a conviction for attempted sexual battery. The Berger ruling enlarged the definition of an overt act in cases involving attempted sex crimes, potentially exposing defendants to a higher risk of conviction. If you are charged with an attempted sex crime in St. Petersburg, it is important to retain an experienced St. Petersburg sex crime defense attorney who is adept at navigating the criminal court system and can assist you in preparing your defense.
Allegedly, the defendant engaged in online communication with an undercover police officer who purported to be a man trying to engage a person to teach his minor daughter about sex, as part of an operation to catch child predators. The defendant indicated specific sexual acts he intended to commit on the child and discussed the logistics of traveling to visit the child. The defendant then drove to what he believed to be the child’s residence and knocked on the door, after which he was arrested. He was subsequently charged with and convicted of attempt to commit sexual battery on a person under twelve years old. Defendant appealed his conviction on the grounds he did not commit an overt act towards the commission of the crime. On appeal, the court affirmed his conviction.