Understanding the Law, Your Rights, and How We Fight for You
I have defended many people in Florida accused of solicitation of a minor, and I can tell you firsthand that these charges carry some of the most severe consequences in the state. If you are facing a charge under Florida Statute §847.0135, the stakes are incredibly high. Not only could you be looking at years in prison, but a conviction can also mean mandatory sex offender registration for life. Even an allegation can destroy your reputation, relationships, and career.
Florida solicitation of a minor charges under §847.0135 carry life-changing penalties. Learn how these cases are prosecuted, the defenses that may apply, and why having an experienced private defense lawyer is essential to protect your freedom.
Understanding Florida Statute §847.0135 – Computer Pornography and Child Exploitation Prevention Act
Florida Statute §847.0135 outlines the law against solicitation of a minor through the use of a computer or other electronic device. The statute is broad and is often used in connection with online sting operations conducted by law enforcement. Here is the relevant portion of the law for solicitation charges:
Florida Statute §847.0135(3)(a):
“Any person who knowingly uses a computer online service Internet service or local bulletin board service to seduce solicit lure or entice or attempt to seduce solicit lure or entice a child or another person believed by the person to be a child to engage in any illegal act described in chapter 794 800 or 827 or to otherwise engage in any sexual conduct is guilty of a felony of the third degree punishable as provided in s. 775.082 s. 775.083 or s. 775.084.”
Florida Statute §847.0135(4)(a):
“Any person who misrepresents their age and uses a computer online service Internet service local bulletin board service or any other device capable of electronic data transmission to seduce solicit lure or entice or attempt to seduce solicit lure or entice a child or another person believed by the person to be a child to engage in any illegal act described in chapter 794 800 or 827 or to otherwise engage in any sexual conduct commits a felony of the second degree punishable as provided in s. 775.082 s. 775.083 or s. 775.084.”
These sections are often the foundation of the charge. The prosecution does not need an actual child to be involved. If the person you were communicating with was an undercover officer posing as a minor, that is enough to charge you.
How These Cases Usually Begin – Online Sting Operations
Most solicitation cases in Florida start with online sting operations. Law enforcement agencies, often working with federal partners, create fake profiles on social media apps, chat rooms, or classified ad websites. These profiles usually pretend to be underage individuals. If someone initiates or responds to communication, the conversation may turn toward sexual topics.
From my experience, these operations often involve officers pushing the conversation forward. They may send messages suggesting sexual contact, invite meetings, and even set up the time and place. Once the accused shows up, they are arrested.
This is where the skill of a private attorney becomes critical. I have handled cases where the so-called “minor” was actually an adult officer who used manipulative tactics to make my client say things they would not have otherwise said. A public defender may not have the resources or time to deeply analyze the chat logs, device forensics, and officer conduct. With a private defense, we can hire forensic experts, examine every message, and challenge the integrity of the investigation.
Entrapment Defenses in Solicitation of a Minor Cases
One of the most important defenses in these cases is entrapment. Florida recognizes both subjective entrapment(focusing on whether the accused was predisposed to commit the offense) and objective entrapment (focusing on whether the government’s conduct was so outrageous that it violates due process).
If law enforcement initiated the sexual conversations, suggested illegal activity, or pressured you into meeting, it may be possible to argue entrapment. The defense requires detailed analysis of every message and the behavior of the undercover officer.
As a private defense lawyer, I can bring in former law enforcement officers as expert witnesses to explain to the jury how sting operations are supposed to be run, and how in your case they may have crossed the line. This is a highly technical defense that demands experience and resources to be effective.
Evidentiary Issues – The Digital Evidence That Can Make or Break Your Case
In solicitation cases, the prosecution often relies heavily on digital evidence: chat logs, text messages, emails, and sometimes audio or video from the meeting location. This evidence can be challenged in multiple ways:
- Authenticity: We examine whether the evidence is complete or if messages were selectively deleted to make you look guilty.
- Chain of Custody: If the evidence changed hands without proper documentation, it may be inadmissible.
- Forensic Analysis: We hire independent experts to review device imaging, metadata, and timestamps to identify inconsistencies.
Without a private attorney, you might not have access to this level of forensic review. Public defenders do valuable work, but they often have heavy caseloads and cannot dedicate the same amount of time to each case. A private defense allows for a more aggressive and thorough approach to attacking the state’s evidence.
Other Relevant Florida Statutes That May Apply
In addition to §847.0135, solicitation of a minor charges often involve references to:
- Chapter 794 – Sexual Battery
- Chapter 800 – Lewdness and Indecent Exposure
- Chapter 827 – Abuse of Children
The solicitation statute specifically refers to these chapters, meaning if the alleged solicitation involved acts described in these laws, additional charges could be filed.
Why You Need a Private Attorney for Solicitation Charges
A conviction under §847.0135 is not just about prison time. It can mean:
- Mandatory sex offender registration for life
- Loss of certain civil rights
- Permanent damage to your reputation and career
- Social isolation and restrictions on where you can live or work
These are not consequences you can take lightly. You need an attorney who can dedicate the time and resources to your defense, who understands both the law and the technology behind these charges, and who will fight to protect your future.
A Real-Life Example – Case Result
One of my clients was accused after responding to an online ad. The ad did not mention age. The undercover officer, posing as an adult, later claimed to be 15. The chats revealed that my client repeatedly said he was uncomfortable and did not want to do anything illegal. However, the officer continued to message him for days, eventually arranging a meeting.
At trial, we presented the full chat history, showing that my client had no intent to meet a minor and was induced by law enforcement’s persistent actions. We brought in a digital forensic expert to testify about how the chat timestamps and IP logs supported our defense. The jury found my client not guilty. Without a private defense, it is unlikely these details would have been brought to light.
FAQs – Florida Solicitation of a Minor Charges
What is considered solicitation of a minor in Florida?
Solicitation of a minor occurs when someone uses a computer, phone, or other electronic device to seduce, solicit, lure, or entice a person they believe is under 18 to engage in unlawful sexual activity. Under Florida §847.0135, it does not matter if the person is actually a minor. Communicating with an undercover officer posing as a child can still result in charges.
What are the penalties for solicitation of a minor?
Depending on the facts, this can be a second or third-degree felony. A second-degree felony can carry up to 15 years in prison, while a third-degree felony can mean up to 5 years. Both carry the possibility of sex offender registration for life.
Can entrapment be a defense to solicitation charges?
Yes, if law enforcement induced you to commit the offense and you were not predisposed to do so, or if their conduct was so outrageous that it violated due process, entrapment may apply. This requires careful analysis of the communication records and the conduct of the officers.
Do I need a private attorney for this type of case?
Given the stakes, yes. A private attorney can dedicate more time and resources to your defense, including hiring digital forensic experts, challenging the evidence, and preparing a comprehensive defense strategy.
What if the person I was talking to lied about their age?
If you reasonably believed the person was an adult, that can be a defense. However, if the prosecution can show you continued communication after learning they claimed to be underage, you can still be charged.
Can the police fake an online profile to arrest me?
Yes, undercover sting operations are legal in Florida, but they must follow certain rules. If they cross the line into entrapment, that can be challenged in court.
Will I have to register as a sex offender if convicted?
In most cases, yes. Florida law imposes mandatory registration for many sex crimes, including solicitation of a minor. This requirement is often for life and comes with severe restrictions.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
