Michael Duane McMillian, who is 29, was charged with two counts of sexual battery on a child under the age of 12 (Florida Statute 794.011) this week, Florida criminal attorney John Musca has learned. McMillian allegedly discussed his activities with other individuals who were interested in child sex in an online forum or chat room. The Federal Bureau of Investigation and county officials were eventually able to track him down at his home. McMillian was arrested after being questioned and some of his electronic equipment was seized as law enforcement officials sought to strengthen their case against the suspect and possibly find evidence of additional crimes.
Under Florida law, sexual battery on a child under the age of 12, when committed by a person over the age of 18, is a capital felony. This means, in theory, that it is punishable by death. The death penalty for sex offenses stopped occurring after 1977, the year that the United States Supreme Court famously decided the case Coker v. Georgia. In that case, a man convicted of raping a 16-year-old was sentenced to death, a sentence the Court struck down because it is "cruel and unusual punishment," and thus unconstitutional under the Eighth Amendment.
More recently, Florida, Oklahoma, and a handful of other states pushed the limits again. Coker v. Georgia has long been read as pertaining to cases of adult rape, although the victim was a teenager. Therefore, some state legislatures sought to re-introduce capital punishment for child sex crimes. Last year, the Supreme Court took on the issue and found that the death penalty is also inappropriate for child sex offenses, in a ruling that was met with mixed reactions from the general public.
If you have been arrested for a child sex offense in Florida, contact the Musca Law criminal defense team to discuss your legal strategy.
