Solicitation of a Minor

In passing the Computer Pornography and Child Exploitation Prevention Act, Florida lawmakers enacted a strict series of laws prohibiting a wide range of conduct related to the exploitation of children. Solicitation of a minor is one of the crimes included in the Act. This offense prohibits individuals from using computers or other electronic devices to develop a sexual relationship with any person under 18 years old.

At the Mayberry Law Firm, we have a long history of aggressively representing clients who have been charged with solicitation of a minor and other serious sex crimes. We recognize that, from the moment charges are filed, your life immediately changes; and your friends, family and co-workers may not look at you the same way. However, we believe strongly in the presumption of innocence and are steadfastly dedicated to ensuring you receive the defense you need, deserve and are entitled to.

Under Florida Statutes § 847.0135, solicitation of a minor is a Florida sex offense that makes it a crime to use a computer or other electronic device to seduce, solicit, lure, or entice a child or another person believed to be a child to commit an illegal sex act or otherwise engage in unlawful sexual activity. It is also a violation for someone to unsuccessfully attempt to solicit a minor to commit an illegal sex act.

For the purposes of § 847.0135, it is not a defense that the person the defendant believed was a minor was not, in fact, a minor. Thus, law enforcement is permitted to conduct undercover sting operations posing to be a minor in an effort to identify potentially illegal conduct.

Solicitation of a minor is a felony of the third degree, which carries a maximum sentence of up to five years in jail. However, if the defendant misrepresented their age during their communications, the offense becomes a felony in the second degree, which is punishable by up to 15 years in prison. Moreover, prosecutors are allowed to charge defendants for each computer, device, internet service or online service they used, meaning defendants often face multiple charges based on the same course of conduct.

Yes, solicitation of a minor under Florida Statutes § 847.0135 is a registerable sex offense, meaning anyone convicted of this crime must register as a sex offender with their local sheriff’s office. In Florida, sex offender registration is for life unless a person receives a full pardon or has their conviction set aside in postconviction proceedings. While those with certain sex crime convictions can petition the court to remove the registration requirement after 25 years, a conviction for solicitation of a minor does not qualify for this relief. Failure to register as a sex offender is a separate felony offense, which carries a maximum of up to five years in prison.

If you’ve recently been charged with solicitation of a minor or any other Florida sex offense, it is essential that you bring a seasoned criminal defense attorney into your corner as soon as possible. These crimes can be difficult to defend against; however, an experienced attorney can often identify weaknesses in the prosecution’s case that may result in the prosecution offering a favorable plea agreement and, in some cases, even an acquittal. Attorney Jason Mayberry has extensive experience defending the rights, futures, and freedom of men and women facing felony sex crimes, including possession of child pornography, solicitation of a minor, and more. We are familiar with the best defenses to sex crimes and know what it takes to reach the best outcome possible—even in the toughest cases. To learn more, and to schedule a free and confidential consultation, give the Mayberry Law Firm a call at 813-444-7435. You can also reach us through our secure online contact form.