South Florida Criminal Defense Lawyer Blog
In a criminal case that started in Miami, Florida, the Florida Supreme Court ruled that a sex offender may view pornography that doesn’t relate to the “deviant behavior pattern” of their sex crime.
The Florida criminal statute regulating sex offender probation bans possession of materials that “are relevant to the offender’s deviant behavior”.
The Court found the legislature was not banning all pornography for sex offenders.
The South Florida case arose from a Miami man on probation for lewd and lascivious battery. The Miami sex offender violated his Florida probation by possessing pornography.
Originally sentenced to two years of community control followed by eight years of sex offender probation, the violation of probation occurred during the probation portion of the sentence.
For more information on sex offenses and the Florida courts, contact attorney Ralph Behr in Fort Lauderdale, Florida.