Federal Aggravated Sexual Abuse Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Everything you tell us is confidential. Our office answers 24 hours a day.

The Four Versions

By force or threat (§ 2241(a)). Instruction O79.1: you knowingly caused the person to take part in a sexual act; you used force against the person, or threatened or caused the person to fear that someone would be killed, seriously injured, or kidnapped; and it happened in a federal place covered by the statute. Penalty: any term of years up to life.

Crossing a state line, child under 12 (§ 2241(c)). Instruction O79.2: you crossed a state line intending to engage in a sexual act, and the child was under 12. The government does not have to prove you knew the child was under 12. No federal place is required for this version.

Sexual act with a child under 12 (§ 2241(c)). Instruction O79.3: you knowingly engaged in a sexual act with a child under 12 in a covered federal place.

Child 12 to 15, by force or other means (§ 2241(c)). Instruction O79.4: you knowingly engaged in a sexual act with a person at least 12 but under 16, at least four years younger than you, by force, by threats of death, serious injury, or kidnapping, by rendering the person unconscious, or by giving a drug or intoxicant that substantially impaired the person; in a covered federal place.

For the three § 2241(c) versions: 30 years to life, and mandatory life with a prior federal, state, or military conviction that would have been a § 2241(c) offense (unless the death penalty is imposed).

A "sexual act" is defined in § 2246. It includes penetration, oral contact, and, for a child under 16, intentional touching of the genitals not through clothing with sexual or abusive intent.

Other Consequences

• Repeat offenders: the maximum doubles after a prior sex-offense conviction (§ 2247), and mandatory life applies under § 3559(e) when the victim was under 17 and a prior sex conviction also involved a victim under 17.
• Registered offenders: an extra 10 years, consecutive, if already required to register and the offense involved a minor (§ 2260A).
• Supervised release of at least 5 years and up to life.
• Registration under federal law (15 years, 25 years, or life, by tier), and Florida counts federal convictions for similar offenses.

How We Defend These Cases

• Jurisdiction. Whether the place was truly within federal jurisdiction is a legal question, and the location is a fact the government must prove.
• Consent and force. For adults, whether force or threats were used.
• The evidence. Medical findings, forensic testing, timelines, and messages.
• Statements. Interviews by agents, especially in custody or at sea.
• The accuser's account. Inconsistencies and motives.

What to Do First

1. Do not talk to agents or ship security about the accusation. Ask for a lawyer.
2. Do not contact the accuser.
3. Preserve evidence: messages, photos, travel records, and witness names.
4. Call us. If you are in custody, see Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page, Federal Criminal Defense, Federal Sexual Abuse of a Minor & Abusive Sexual Contact and Sex Crimes Defense.

Frequently Asked Questions

Does the government have to prove I knew the child's age?

Not for the under-12 offenses in § 2241(c). The statute says so expressly.

Is there a mandatory minimum?

Thirty years for the § 2241(c) offenses. Section 2241(a) has no minimum but allows life.