PORT CHARLOTTE — A Port Charlotte man arrested in December 2024 on multiple charges of the sexual abuse of a minor is now at risk of receiving the death penalty.
Kyle Stephen McMahan
Kyle Stephen McMahan, 33, 12300 block of Greenleaf Lane, is charged with three counts of sexual battery by a person 18 or older against a victim under 12; three counts of the molestation of a victim under 12 by a person 18 or older; lewd and lascivious behavior by an offender 18 or older; lewd and lascivious behavior by a person 18 or older on a victim under 16; and distributing obscene material to a minor, court records show.
The sexual battery charges are capital felonies that appear to be the subject of a sealed grand jury indictment handed down on Aug. 18, while the molestation charges are life felonies. The remaining charges are felonies as well.
Under the Florida Constitution, prosecution for a capital crime requires a grand jury indictment.
The offenses are alleged to have occurred in North Port. McMahan has pleaded not guilty to the charges through the Public Defender’s Office.
McMahan is in the Sarasota County Jail.
According to a North Port Police Department probable cause affidavit, a sexual battery was reported on Nov. 28, 2024, after the victim disclosed to family members things they said McMahan had done to them over the previous several months.
In a forensic interview at the North Port Child Protection Center, the victim told a case coordinator that McMahan had shown the child pornography on his cellphone during a car trip in June. The victim said he told them not to tell anyone because “he would go to jail.”
Then on the night of Hurricane Milton, the victim said, McMahan, who was sleeping on the floor, awakened them by performing sexual acts on them. He went back to sleep after the victim told him to stop, it states.
He showed the victim pornography on a later date when he performed a sexual act on them and also touched himself while making them watch pornography, it states.
The affidavit relates several other instances of McMahan hugging the victim inappropriately from behind, touching himself or forcing the victim to touch him.
In a recorded, controlled phone call, McMahan denied the allegations and stated he would “never touch the victim in that manner,” according to the affidavit.
He said he caught the victim looking at pornography on his phone several times, and may have “accidentally” touched the victim on the buttocks in a hug or when they “play wrestle.”
He also said the victim had rubbed his inner thigh before, but he told them to stop because it was inappropriate.
CRIMINAL HISTORY
McMahan pleaded guilty in September 2025 to Lee County charges of aggravated child abuse on allegations that in 2023 he punished a child by locking them in a closet; forcing them to drink urine or eat cat feces, human feces, hot sauce, raw meat or cat food; or by spraying irritant into their eyes.
He was sentenced to 15 years in prison on each count, to run concurrently, followed by two years’ state probation.
He had been free on bond pending trial on these charges when he was arrested on the Sarasota County charges and bond was revoked.
McMahan pleaded no contest in 2013 to charges of making a false report about planting a bomb or explosive, a second-degree felony, and disturbing the peace by interfering with school administration, a second-degree misdemeanor.
In a Facebook post, McMahan had written that “North Port High Will be Officially Destroyed Tuesday in a Explosion impact, & that the world will be Destroyed on 12.21.12 that all living things will no longer be alive,” according to an NPPD probable cause affidavit.
He was adjudicated guilty on the second charge but adjudication was withheld on the first one, and he was placed on community control and probation, which terminated in 2017.
