Can You Receive “Multiple Punishments” for the Same Crime in Florida?

You have likely heard the term “double jeopardy” used in connection with criminal law, although you may be unsure what it really means. The Fifth Amendment to the United States Constitution–as well as Article 1 of the Florida Constitution–state that a person cannot be placed in legal jeopardy twice for the same criminal offense. This is what is known as “double jeopardy.”

Double jeopardy offers criminal defendants with three key protections:

1. The state cannot prosecute a defendant for the same crime following an acquittal–i.e., a jury verdict of “not guilty.”
2. The state cannot prosecute a defendant for the same crime a second time following a conviction.
3. The court cannot impose multiple punishments for the same offense.

This last protection–the prohibition against multiple punishments–can be complicated than you might think. A single criminal act can violate multiple laws. Double jeopardy does not prevent a court from imposing multiple punishments for different offenses arising from the same “criminal transaction,” provided each offense requires proof of a legal “element” that the other does not.

Florida Appeals Court: Solicitation, Transmission of Pornography Are Distinct Crimes

Here is  and example of what all of this means. This is taken from a recent decision from the Florida Sixth District Court of Appeals, State v. Banda [include legal citation to the case either here or in a footnote (—So. 3d —, 49 Fla. L. Weekly D2297 (6^th DCA Nov. 15, 2024)]. There, the defendant entered a “no contest” plea to two charges: (1) soliciting a person believed to be a child to commit an illegal act and (2) transmitting material harmful to a minor.

A police officer posed as a 14-year-old boy named “Jacob” on social media. The defendant contacted “Jacob” and offered to perform sexual acts on him. The defendant then sent a “pornographic picture” as an illustration. The following day, the defendant again made contact and “suggested that they meet to have sex.”

The trial court accepted the —defendant’s plea and imposed  a single punishment for both offenses. The judge concluded that the solicitation charge included the transmission of the pornography, and therefore imposing a separate sentence for the latter would violate double jeopardy.

The prosecution appealed that decision and the Sixth District agreed that double jeopardy does not apply here. Specifically, the appellate court said that the solicitation and transmission charges required “different proof” for conviction. More to the point, “solicitation does not require the transmission of a harmful image.” Even if the defendant never sent the pornographic image, he still attempted to solicit a person he believed to be a minor to engage in sexual activity, which is its own crime. Accordingly, the Sixth District ordered the trial judge to re-sentence the defendant separately on each charge.

Contact a Fort Lauderdale Sex Offense Lawyer Today

Florida prosecutors often throw as many charges as they can against a defendant, hoping at least some of them will lead to a conviction. The best way to protect yourself in this situation is to work with a skilled Fort Lauderdale sex offense attorney. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=11578589791427659609