Federal Sexual Abuse of a Minor and Abusive Sexual Contact 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.

Sexual Abuse of a Minor (§ 2243(a))

Under instruction O80, the government must prove that you knowingly engaged in a sexual act with a person who was at least 12 but under 16, who was at least four years younger than you, in a covered federal place. Penalty: up to 15 years.

The government does not have to prove you knew the person's age or the age difference. But the statute gives a defense if you reasonably believed the person was 16 or older, which you must prove by a preponderance of the evidence (more likely true than not).

Abusive Sexual Contact (§ 2244)

"Sexual contact" means intentionally touching, directly or through clothing, the genitals, anus, groin, breast, inner thigh, or buttocks of any person, with intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire.

• Child 12 to 15. Instruction O81.1: you knowingly engaged in or caused sexual contact with or by a person at least 12 but under 16, at least four years younger than you, in a covered federal place. Penalty: up to 2 years.
• Child under 12. Instruction O81.2: the same, with a child under 12. The maximum is doubled, to up to 4 years. Separately, contact that would violate the federal aggravated-sexual-abuse law if it had been a sexual act, which includes any sexual contact with a child under 12 in a covered place, can be charged under § 2244(a)(5), with any term of years up to life.

Section 2243 also punishes sexual acts with people in official federal detention by those with authority over them, and by federal officers with people in their custody (up to 15 years). Section 2244(b) punishes sexual contact without permission (up to 2 years).

Other Consequences

• Repeat offenders: the maximum doubles after a prior sex-offense conviction (§ 2247).
• Registered offenders: an extra 10 years, consecutive, if already required to register and the felony 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 really under federal jurisdiction.
• Age and the age gap. Records proving each person's age, and the reasonable-belief defense in § 2243 cases.
• Intent. For contact charges, whether a touch was intentional and done with the required intent.
• The accuser's account and the forensic evidence.
• Statements to agents or facility staff.

What to Do First

1. Do not talk to agents or staff about the accusation. Ask for a lawyer.
2. Do not contact the accuser or the family.
3. Preserve messages and records that show ages, dates, and locations.
4. Call us.

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 Aggravated Sexual Abuse, Unlawful Sexual Activity with a Minor and Lewd or Lascivious Offenses for Florida charges, and Federal Criminal Defense.

Frequently Asked Questions

What is the difference between a "sexual act" and "sexual contact"?

A sexual act involves penetration or oral contact, or, with a child under 16, direct touching of the genitals. Sexual contact is broader: touching listed body parts, even through clothing, with the required intent.

Do these laws apply everywhere in Florida?

No. They apply in places under federal jurisdiction. Conduct elsewhere may be charged under Florida law or under other federal laws.