Crimes with a statute of limitations are required to be prosecuted within a defined period of time. This helps ensure that evidence for the prosecution is still available at trial and encourages law enforcement to actively seek to resolve crimes. A Florida appeals court recently determined that the limitations period had expired against a criminal defendant who was charged with lewd and lascivious conduct, a Florida sex crime.The defendant was the former boyfriend of the alleged victims’ mother. After the mother abandoned her children, they were placed in their grandmother’s care. The defendant continued to be a part of the children’s lives. The two children, along with their brother, went to the defendant’s apartment one day to clean it. At the time, the two children in question were 12 years old and 10 years old. The defendant allegedly engaged in sexual acts with both the 12-year-old and the 10-year-old while they were cleaning his home. On the 12-year-old’s next birthday, the defendant gave her an inappropriate, sexually suggestive birthday gift. When the girl’s grandmother found it, she prohibited the defendant from having any further contact with the children.
The applicable statute of limitations, at the time of the crime, for lewd and lascivious molestation of a child between the ages of 12 and 16 years (Florida Statutes Section 800.04(5)(c)) was three years from the date that the crime was committed. However, the limitations period for that offense does not begin to run until the victim has reached the age of 18 or the violation has been reported to law enforcement.