The 5th District Court of Appeals of Florida, last week, entered an order clarifying when one can be enhanced to Sexual Predator status for a “second sexual offense”.
The Defendant in the case challenged his designation as a Predator. He was arrested twice for the crime of procuring someone under the age of 18 for prostitution in April and September 2012 (two separate instances).
In order to be counted as a prior felony for the purpose of designating a defendant a sexual predator, “the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony.”
In other words; he would have had to have been CONVICTED of the first offense before commission of the second offense in order for the enhanced designation to apply. The defendant in this case wasn’t and the appellate course reversed the decision and ordered the trial court to remove the sexual predator designation.