The solicitation of minors has grown in recent years, especially with the availability of new methods of communication, including texting and online messaging. Televisions shows like “To Catch a Predator” and highly publicized police sting operations have also both increased the media interest and altered the public’s impression of these crimes. Unfortunately, this can potentially mean negative perceptions of individuals who have been charged with solicitation of a minor, even before a trial occurs.
Melbourne Solicitation of a Minor Defense Attorney
Regardless of the circumstances of the solicitation, solicitation is a serious crime under Florida law. This criminal offense can also potentially destroy careers, relationships, and future employment prospects. A criminal defense attorney in Melbourne, FL who is experienced in cases of solicitation of a minor can be a great asset as you fight for your name and future.
The attorneys at Germain Legal have focused their careers on defending men, women, and minors who have been charged with criminal offenses. They understand the serious direct and indirect consequences that a charge for solicitation of a minor can have, including registration as a sex offender and red flags on background checks.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Establishing Guilt in Florida Cases of Solicitation of a Minor
Florida’s State Statute §794.011(8)(a) defines several parameters in which to establish guilt (“Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority”). This statute specifically refers to criminal offenses in which a minor (under 18 years of age) is solicited by a person in familial or custodial custody to commit a sexual act.
Factors used in determining guilt include:
- The victim must have been less than 18 years old at the time of the alleged offense.
- The defendant must have been in a position of familial or custodial authority in relation to the victim.
- The defendant tried to engage the victim in an act which constitutes sexual battery.
Sexual battery does not have to take place for the act to be considered a crime. The victim’s alleged willingness to engage or consent to such an act that constitutes sexual battery is not a valid defense.
Online Solicitation of a Minor in Florida
Even if the solicitation of a minor took place through the internet, using mediums such as chat rooms, e-mails, text messaging, or webcams, the act is still punishable by Florida law. Florida statute § 847.0135(3)(a) defines the criminal offense for “Soliciting A Child for Unlawful Sexual Conduct Using Computer Services or Devices”.
To prove this criminal offense, the prosecution must establish that:
- The defendant knowingly used the internet or device capable of online storage to communicate with the victim.
- The victim was a minor or a person believed by the defendant to be a minor.
- The defendant solicited or attempted to solicit the minor into engaging in an act of illegal sexual conduct.
An enhanced penalty may be given if the defendant misrepresented his or her age to be under 18 years old. Additionally, any involvement by undercover law enforcement officers or operatives is not a valid defense.
Legal Penalties for Solicitation of a Minor
The state of Florida sets out harsh penalties for “computer pornography” which includes solicitation of a minor.
Solicitation of a minor is a felony of the third degree, punishable by:
- Up to 5 years in prison and/or
- A $5,000 fine.
If you misrepresent your age (pretend to be younger) to lure the minor into sex, you will be charged with a second-degree felony, punishable by:
- Up to 10 years in prison and/or
- A $10,000 fine.
Possible Defenses in Solicitation Cases
If you are accused of soliciting a minor, there are a few defenses your attorney may be able to employ. These include:
Lack of Intent: If you provided your contact information for a purpose other than sexual conduct, this could be a defense, especially if your intentions were misconstrued.
Lack of Evidence: The prosecution may turn to your IP address as evidence that you were the person who attempted to solicit the minor. However, someone spoofing your IP address or the fact that multiple people have access to your PC or phone may be a viable defense.
False Accusation: It’s possible that a minor may accuse someone falsely of solicitation, arguing that although there is no text proof that you intended to have sex with them, you attempted to do so in person or on a video call. These accusations can happen, and refuting them requires proving a lack of evidence and intent on your part, and a reason for why the accusations have been thrown out in the first place.
Hire a Melbourne Solicitation of a Minor Defense Attorney
If you have been charged with solicitation of a minor in Melbourne Florida or the surrounding communities, it’s imperative that you understand the charges you face and your legal options. Retaining the services of an experienced criminal defense attorney soon after you have been charged can be extremely beneficial. Your attorney will be better able to gather time-sensitive evidence and testimony, which can help build a stronger case in court.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
