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SEX CRIMES AND CHILD ABUSE MANUAL
© 2002, Dennis Nicewander

The chapters listed below come from my Sex Crimes and Child Abuse Manual and represent the accumulation of virtually every appellate decision since 1994 and most of the decisions prior to that time.  Although the manual was developed as a research aid for prosecutors, it should be valuable to anyone interested in the legal aspects of this area of the law.

The topics covered in the manual are as follows.    For the text of the applicable statutes, click on statutes button at the top of the page.  This site will work best if you click on the icons at the top of the page instead of the "Back" button.  If you need cross-citations for Florida Law Weekly cites, they are available at the Florida Law Weekly web site.  I have recently changed the format of this page.  Clicking on the chapter titles below now opens the chapter as a PDF file.   You can download a PDF reader for free by clicking here .   

 

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Florida Law Weekly Updates:  A week by week summary of the appellate opinions on relevant topics that are issued every week in the Florida Law Weekly.

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Complete Text:  This link will download all 17 chapters in one Adobe PDF file.  If you have Adobe Reader 8.0 or higher, all of the chapters will appear in a column on the right side of the screen and the chapter you select will occupy the rest of the screen.  You can do word searches including as many chapters as you like.

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Child Abuse: This chapter discusses all appellate decisions regarding the child abuse statute. 

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Child Hearsay: This chapter discusses the appellate decisions interpreting section 90.803(23), which allows hearsay statements from children less than 12 years of age to be admitted as substantive evidence as an exception to the hearsay rule when certain indicia of reliability are met.  

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DNA: This chapter discusses the various appellate decisions on the admissibility of DNA evidence.  

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Ethics: This chapter discusses ethical issues confronted by assistant state attorneys in the process of filing and prosecuting sexual battery and child abuse offenses. Special emphasis is placed on the American Bar Association Standards of Criminal Justice Relating to Prosecution Function.  

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Experts: This chapter discusses the various appellate decisions on the admissibility of expert testimony in sexual battery and child abuse cases.  

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Issues of Time: This chapter discusses the difficult issue of narrowing the time frames in the charging document and statute of limitations issues. 

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Kidnapping:  This chapter discusses many of the various appellate decisions interpreting the Kidnapping statute.  This chapter is not as comprehensive as many of the others, but it does discuss about 90 appellate decisions.  The formatting of this chapter is different than the rest because it was created using an Access database program and then converted to Word.  Thus, you may notice some minor formatting problems.  You should also note that opinions favoring the defense are listed first and those favoring the state are second. 

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Lewd Conduct: This chapter discusses the various appellate decisions regarding lewd or lascivious offenses on children less than 16 years of age and indecent exposure.  

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Miscellaneous: This chapter discusses numerous issues which do not fit into any of the other chapters.  

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Multiple Counts: This chapter discusses issues confronted when charging multiple counts in one information. Among the issues covered are double jeopardy, joinder and severance of counts and mutually exclusive counts.  t

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Old Law: This chapter covers the evolution of the law of capital sexual battery from 1947 to the present, with each statutory revision cited verbatim. Various appellate decision are included to define the terms in antiquated statutes.  

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Sentencing: This chapter discusses various sentencing issues such as probationary terms, departures from the sentencing guidelines, scoring victim injury points, sexual predator designations and many others.  

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Sexual Battery: This chapter discusses issues related to the sexual battery statute.  

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Sexual Offender Registration:   This chapter discusses the various cases interpreting the requirement to register as a sexual offender or predator.  

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Sexual Performance: This chapter discusses the various issues relating to the sexual performance by a child statute and exploiting children through the use of computers.  
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Ashcroft v. Free Speech Cases:  This is a list of federal cases that has interpreted the Supreme Court opinion granting First Amendment protections to virtual child pornography.  I have included significant excerpts from most of the cases.

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Video Testimony: This chapter discusses the statutes and appellate decisions defining the use of closed circuit and videotaped testimony according to sections 92.53, 92.54 and 92.55.  

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Williams Rule:  This chapter discusses the use of similar fact evidence in sex offenses and child abuse offenses.