How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111657
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have a question about the Romeo and Juliet laws. I am on

Customer Question

I have a question about the Romeo and Juliet laws.
I am on the sex offender registry for a crime a committed in Jan 2000 when I was 20. I solicited a under cover cop who was posing as a 14 year old.
I believe that I fit all the criteria for getting off the registry except for stimulation that there be no more than 4 years difference between you and age of victim.
I am wondering if I can make a legal argument that because in my crime there was NO VICTIM that this stipulation does not apply to me. Has this been argued before?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  attyadvisor replied 6 months ago.
Welcome to JA and thank you for your question.
Expert:  attyadvisor replied 6 months ago.
http://sex-crimes.laws.com/statutory-rape/romeo-and-juliet-laws
Expert:  attyadvisor replied 6 months ago.
Which state does your question pertain to? It is not coming up on my end.
Expert:  attyadvisor replied 6 months ago.
There are states that alow consensual sex with a 14 year old if there is no more then 4 years in age difference. Your situation is greater then 4 years.
Expert:  attyadvisor replied 6 months ago.
How did you solicit sex and how where you advised that this person was 14?
Customer: replied 6 months ago.
It happened in Florida. I am sorry I thought this was a Florida site.I am living in Alabama but am stuck on the registry in Florida despite the fact that adjudication was withheld and that my original judge said I would NOT have to register. That all changed in 2006 and I was forced to register.
Customer: replied 6 months ago.
Based on my reading of Florida'a romeo and juliet laws the 4 year thing is the issue.That is why I am asking about arguing regarding the fact that this was a victim-less crime. I am just curious if there have been any rulings regarding this.
Customer: replied 6 months ago.
It all happened online. I never saw this person. It turned out to be an undercover cop.
Expert:  attyadvisor replied 6 months ago.
Your reading of the law is correct. I am looking at the entrapment cases. Give
Customer: replied 6 months ago.
ok. Thanks so much!
Expert:  attyadvisor replied 6 months ago.
http://floridaactioncommittee.org/entrapment-victim-fights-back/
Expert:  attyadvisor replied 6 months ago.
I have more. Give me a few moments
Customer: replied 6 months ago.
I am a solid citizen now, married for 11 years, father of 4. I have 65-100 letters from people who know me who stood up for me.
We actually just got a judge in AL to rule that I could be taken off the registry here because of the fact that adjudication was withheld in my case. However Florida's laws are different, they require registration even in cases of withhold of adjudication. So the folks in AL just told us they were going to ignore the judges order because I am still on Florida's registry.
Customer: replied 6 months ago.
Interesting article. Arguing entrapment seems like a long shot to me.Isn't that different from working within the Romeo & Juliet laws and trying to argue that the stipulation about age shouldn't apply to me?
Expert:  attyadvisor replied 6 months ago.
Your issue is the 4 years
Expert:  attyadvisor replied 6 months ago.
It seems that the police were going out of their way to entice otherwise innocent to commit a crime that they would never have participated in otherwise.
Expert:  attyadvisor replied 6 months ago.
Innocent people"
Customer: replied 6 months ago.
I know it is the 4 years issue, that is why I specifically asked about if it is possible to argue that that does not apply because there was no victim.
Expert:  attyadvisor replied 6 months ago.
The Romeo and Juliet law deals with consent. You did not have consensual sex with someone 4 years younger then you.
Customer: replied 6 months ago.
Ok, maybe I am refering to the wrong law
Expert:  attyadvisor replied 6 months ago.
Romeo and Juliet laws don't fit your situation.
Customer: replied 6 months ago.
Florida has a provision for getting off their registry. It does not mention consent, just a 4 year thing
Customer: replied 6 months ago.
943.04354 Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.—
(1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:
(a) Was convicted, regardless of adjudication, or adjudicated delinquent of a violation of s. 794.011, s. 800.04, s. 827.071, or s.(###) ###-####5) or of a similar offense in another jurisdiction and if the person does not have any other conviction, regardless of adjudication, or adjudication of delinquency for a violation of s. 794.011, s. 800.04, s. 827.071, or s.(###) ###-####5) or for a similar offense in another jurisdiction;
(b)1. Was convicted, regardless of adjudication, or adjudicated delinquent of an offense listed in paragraph (a) and is required to register as a sexual offender or sexual predator solely on the basis of this conviction or adjudication; or
2. Was convicted, regardless of adjudication, or adjudicated delinquent of an offense in another jurisdiction which is similar to an offense listed in paragraph (a) and no longer meets the criteria for registration as a sexual offender or sexual predator under the laws of the jurisdiction in which the similar offense occurred; and
(c) Is not more than 4 years older than the victim of this violation who was 13 years of age or older but younger than 18 years of age at the time the person committed this violation.
(2) If a person meets the criteria in subsection (1), the person may move the criminal division of the circuit court of the circuit where the conviction or adjudication for the qualifying offense occurred to remove the requirement that the person register as a sexual offender or sexual predator. The person must allege in the motion that he or she meets the criteria in subsection (1) and that removal of the registration requirement will not conflict with federal law. A person convicted or adjudicated delinquent of an offense in another jurisdiction which is similar to an offense listed in paragraph (1)(a) must provide the court written confirmation that he or she is not required to register in the jurisdiction in which the conviction or adjudication occurred. The state attorney and the department must be given notice of the motion at least 21 days before the date of sentencing, disposition of the violation, or hearing on the motion and may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied. At sentencing, disposition of the violation, or hearing on the motion, the court shall rule on the motion, and, if the court determines the person meets the criteria in subsection (1) and the removal of the registration requirement will not conflict with federal law, it may grant the motion and order the removal of the registration requirement. The court shall instruct the person to provide the department a certified copy of the order granting relief. If the court denies the motion, the person is not authorized under this section to file another motion for removal of the registration requirement.
(3) If a person provides to the Department of Law Enforcement a certified copy of the court’s order removing the requirement that the person register as a sexual offender or sexual predator for the violation of s. 794.011, s.800.04, s. 827.071, or s.(###) ###-####5), or a similar offense in another jurisdiction, the registration requirement will not apply to the person and the department shall remove all information about the person from the public registry of sexual offenders and sexual predators maintained by the department. However, the removal of this information from the public registry does not mean that the public is denied access to information about the person’s criminal history or record that is otherwise available as a public record.
History.—s. 3, ch. 2007-209; s. 26, ch. 2008-172; s. 6, ch. 2010-92; s. 6, ch. 2014-5.
Expert:  attyadvisor replied 6 months ago.
We don't have the 4 year consent exemption in this case
Customer: replied 6 months ago.
it doesn't say anything about consent in that law. I fit everything about the 4 year difference in age of victim, but in my case there was NO VICTIM.
Expert:  attyadvisor replied 6 months ago.
I understand what you are saying biut we don't meet the 4 years. The victimless crime falls under entrapment.
Expert:  attyadvisor replied 6 months ago.
But"
Customer: replied 6 months ago.
If i present request for the court to remove me from the registry and I show that I fit every requirement listed BECAUSE the age of victim DOES NOT APPLY as there was NO VICTIM. Therefore that provision is n/a and I fit everything else.
Expert:  attyadvisor replied 6 months ago.
Consent was recently added as well https://www.hg.org/article.asp?id=18676. Either way we can't get past the 4 years
Expert:  attyadvisor replied 6 months ago.
You should feel free to try that argument. I would take a step further and sue law enforcement for entrapment.
Customer: replied 6 months ago.
I read your link. It is exactly the same wording that I posted to you. I believe I can argue that consent is not applicable because there was NO ONE present to provide it.How would you go about sueing for entrapment? Would it get me off the registry?
Customer: replied 6 months ago.
are those cases having success in Florida courts?
Expert:  attyadvisor replied 6 months ago.
Expert:  attyadvisor replied 6 months ago.
There are so many cases where the police are found to be engaged in entrapment against people that might otherwise never would have been involved if the police had not enticed them
Expert:  attyadvisor replied 6 months ago.
I am just providing this for informational purposes http://floridasexstinglawyer.com
Expert:  attyadvisor replied 6 months ago.
http://floridascandal.blogspot.com/p/criminal-inducement.html?m=1
Expert:  attyadvisor replied 6 months ago.
https://www.sott.net/article/283870-Investigation-reveals-Florida-police-entrap-men-to-boost-sex-sting-arrest-totals
Expert:  attyadvisor replied 6 months ago.
http://m.ocregister.com/articles/aguirre-348038-court-police.html
Expert:  attyadvisor replied 6 months ago.
The no victim argument http://www.nj.com/specialprojects/kidsnet/kidsnet10224.html
Expert:  attyadvisor replied 6 months ago.
Are you still with me?
Expert:  attyadvisor replied 6 months ago.
Miller vs State adds the consent https://www.hg.org/article.asp?id=18676. I would certainly give this a try based on no victim
Expert:  attyadvisor replied 6 months ago.
You can also request a pardon
Expert:  attyadvisor replied 6 months ago.
http://foundationlegalpa.com/florida-and-federal-clemency-relief/?gclid=CJC7iu6E98wCFVNqfgodS24Pog
Expert:  attyadvisor replied 6 months ago.

The best course of action for you would be to have attorney assistance. Unfortunately pursuant to the terms of service of the site the attorneys on the site cannot enter into an attorney client relationship with you.

Based on the enormous push back from entrapment in these cases and the fact that happened so long ago and you have no record an attorney should file a motion on your behalf that no only incorporates the fact that in fact there was no victim and that further you were enticed to make contact that you may never have made otherwise.

I have reviewed some case law, however, that is very time consuming as all cases must verified to see if they were overturned or are still good law. In order to continue I would need to request premium services at an additional fee. Attorneys that handle these cases on a regular basis are up to date on the newest cases that are not available on online.

I have watched the show to Catch a Predator and as attorney find this to be entrapment and agree with your position with regard to the fact that there is no victim.

There are numerous attorneys that provide Pro Bono (FREE) legal services as well as legal aid services. Can you tell me the county where this occurred so I can provide with you resources for attorneys that have had success with matters?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as it appears your previous contributor had to leave.
Did you have further questions regarding this issue that we can assist you with?