“Victimless” Crimes in Florida

Theoretically, there’s no such thing as a “victimless” crime, at least according to some. However, even these advocates acknowledge that these offenses are different in many ways.

Others believe that prosecuting victimless crimes, which they usually define as an offense that has no individual, ascertainable victim, wastes judicial resources.

Many jurisdictions try to find a middle ground. Possession of marijuana is a good example. State law harshly punishes this offense. But many Tampa Bay jurisdictions have either partially or completely decriminalized POM.

The debate over these offenses and their ongoing prosecution highlights the dual responsibilities of a Tampa criminal defense lawyer. Attorneys advocate for defendants in the statehouse, by pushing for appropriate legislation. Attorneys also advocate for defendants in the courthouse. In both forums, attorneys work hard to ensure that the punishment always fits the crime.

Victimless Crime Examples

As mentioned, a victimless crime has no ascertainable victim. Consensual crimes, which occur between two consenting adults, are a subset of victimless crimes. Some examples include:

• Drug Possession: The “victimless crime” label could apply to drug possession offenses beyond marijuana, especially prescription painkillers. Hard street drugs, such as heroin and cocaine, are in a different category.
• Prostitution: It’s hard to argue that the world’s oldest profession is always dangerous. Granted, prostitution laws slow the spread of venereal disease and keep a lid on “red-light” districts. But these harms are largely theoretical.
• Traffic Violations: Circumstances arguably transform these regulatory crimes into victimless crimes. Changing lanes without signaling in the middle of the day on a busy road is clearly dangerous. Doing so on an empty road in the middle of the night is clearly not dangerous.

Other supposedly victimless crimes include assisted suicide, public nudity, trespassing, gambling, and public intoxication.

Prosecuting Victimless Crimes

Usually, an individual victim is an important witness in a criminal prosecution. Without such a witness, the case may not be able to move forward.

Non-theft shoplifting is a good example. Assume Freddy surreptitiously slips some expensive over-the-counter drugs into his backpack. Store security catches him before he leaves the store, so the store didn’t leave the premises.

The store might vigorously pursue criminal charges to deter shoplifters. However, in most cases, the store is ambivalent. Since it lost no merchandise and therefore no money, the store detective may be less than cooperative with prosecutors.

That’s assuming the store detective is available to testify, which in most cases is a big “if.” Turnover is rampant in these positions. Even if the detective leaves a forwarding address, the detective may have no desire to testify in a case that no longer concerns him.

Sentencing Issues

Similar issues affect victimless crime sentencing. If complaining witnesses don’t care, jurors usually don’t care either. As a result, prosecutors must adjust their plea bargain offers accordingly.

The victimless crime angle also opens doors for a Tampa criminal defense lawyer, such as deferred prosecution. If the defendant pays a small fine and jumps through a few other hoops, prosecutors dismiss the case.

This outcome often satisfies people on both sides of the victimless crime debate. The defendant was punished, albeit slightly.

Reach Out to a Hard-Working Hillsborough County Attorney

Criminal charges don’t always produce permanent convictions. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. Virtual, home, and jail visits are available.

Source:

digitalcommons.law.seattleu.edu/faculty/668/