Solicitation of a Minor Defense Attorney in Tampa

What Is Solicitation of a Minor in Florida?

Florida Statute 847.0135 makes it a criminal offense to solicit a minor using an electronic device to entice, lure, seduce, or solicit a child or someone believed to be a child to commit one of the following:

• An illegal sex act
• Unlawful sexual activity

The law also makes it illegal for an individual to unsuccessfully attempt to solicit a minor to engage in unlawful sexual conduct.

The electronic device in question can be a computer, mobile phone, smartphone, or any device capable of electronic data storage or transmission. The law also includes using the internet or online services and local bulletin board services to solicit a minor.

What Is the Punishment for Soliciting a Minor?

In Florida, sex offenses against minors come with more severe penalties than other sex crime charges. Therefore, you’ll likely never receive a misdemeanor for a sex crime involving a minor but a felony.

Online solicitation of a minor in Florida is a third-degree felony. The punishment is a prison sentence of up to five years and a fine of up to $5,000.

However, if you misrepresent your age while soliciting a minor, the offense is a second-degree felony. The penalty is a prison sentence of up to 15 years and a fine of up to $10,000.

Additionally, the state can charge you for each computer, electric device, internet service, or online service you use to solicit the minor. For instance, the state can charge you twice if you use a smartphone to send text messages and a computer to talk with a minor on a social media platform like Facebook or in a chat room. This means you’ll face two charges instead of one.

If you travel to meet the minor you’re soliciting, you can expect the terms of your sentence to be more severe, too. Under Florida law, traveling any distance (or attempting to travel) to meet a minor to engage in an unlawful sex act after engaging in online solicitation is subject to a second-degree felony charge.

It doesn’t matter if you’re traveling within the state of Florida, from another state to the state of Florida, or to another state from Florida; the law applies to you.

Does Solicitation of a Minor Require Sex Offender Registration?

Absolutely. One of the many registerable sex offenses is solicitation of a minor. Anyone convicted of soliciting a minor must register as a sexual offender. Failing to register as a sex offender when required to do so is a felony offense with an additional sentence of up to five years in prison.

Importantly, in most sex crime cases, you will remain on the sex offender registry for life. You may only come off the registry if you receive a full pardon or the state sets aside your conviction in post-conviction proceedings. You also cannot expunge the charge from your criminal record at any time.

Being a registered sex offender determines where you can live, where you can work, and who you can associate with. If you want to move, you will have limitations. Plus, Florida is one of 30 states that require direct notification, which means you’ll need to notify all your new neighbors of your sex offender status.

What Are Defenses to Solicitation of a Minor?

There are several defenses a sex crimes defense attorney may use in your case regarding soliciting a minor. While the examples below are all sound defenses, only a criminal defense attorney can craft the best defense possible for your specific case.

One defense that your lawyer may use, if applicable, is entrapment. Entrapment is illegal and can occur when police engage in a sting operation.

A sting operation is a technique police officers use to catch someone attempting to commit a crime. Conversely, entrapment is when law enforcement induces a person to commit a crime that the person otherwise would not have committed.

The court will look at different circumstances to determine if entrapment occurred. They may also examine whether you were the subject of an illegal search and seizure.

If law enforcement conducts a search without a warrant or an unlawful search, your lawyer can challenge the evidence. The court cannot use evidence police officers obtained in a way that violated the defendant’s rights, as the evidence is the “fruit of a poisonous search.”

Another possible defense to use is lack of criminal intent. If your lawyer can prove you lacked criminal intent, the prosecution will not have any credible evidence to use in court because the prosecution must prove beyond a reasonable doubt you intended to break the law. This defense is common when there is a lack of evidence.

There are also psychological considerations. Suppose an experienced psychiatrist determines that you are a sexual predator as a result of pedophilia. In that case, you may not have been entirely in control of your actions and, thus, receive a lesser sentence. Pedophilia, an exclusive sexual attraction to minors, is a psychiatric personality disorder. A psychological evaluation must take place to decide if one has the disorder.

Further, solicitation of a minor offenses have a statute of limitations. If that time has passed, your attorney can use this as a defense.

Our Process: What to Expect When Working with Mike G

When you work with Mike G as your solicitation of a minor defense lawyer in Tampa, here’s what to expect.

First, you’ll come to our law office for a free consultation to discuss your case. Should both parties agree to work together, Mike G will provide excellent legal advice to you throughout the process.

But, he will not be your friend. He will be honest about your case and the consequences you’re facing. He will never make false promises or get your hopes up about what you expect the outcome of your case to be.

He will work diligently to collect evidence, plan your defense, and resolve your case in the best manner possible. Should your case go to trial, he will be by your side every step of the way to ensure justice prevails.

FAQs About Solicitation of a Minor in Florida

We understand facing a sex crime conviction is frightening and comes with many questions. Below, we answer some of the most common questions our office receives about solicitation of a minor in Florida.

What Is the Charge for Soliciting a Minor in Florida?

The criminal charge for soliciting a minor is a third-degree felony. If you misrepresent your age or travel to meet a minor, you’ll face a second-degree felony.

Further, Bill CS/HB 431, effective from October 2023, creates Florida Statute 794.053, which is a new law that prohibits an individual 24 years or older from soliciting a minor who is 16 or 17 years of age in writing to engage in a lewd or lascivious act. The crime is a third-degree felony.

Can You Go to Jail for Talking to a Minor Online in Florida?

Talking to a minor online is not illegal. While it may not be in your best interest to do so, it’s not a crime to simply talk with a minor.

However, if the conversation uses suggestive language or includes requests that are sexual in nature, the communication becomes criminal.

It all comes down to intent. If the purpose or intent of the communication is to solicit the minor in sexual acts, then it is a crime, and you could go to jail. If you’re having a conversation unrelated to sexual activity, you will not go to jail.

Is Dirty Talking with a Minor Illegal?

Yes, dirty talking with a minor is illegal. Dirty talking is when you discuss sex acts with someone in an explicit and arousing way before or while engaging in sex acts.

The purpose of dirty talking is to sexually excite those involved, which falls into the category of enticing or luring under Florida law.