Child Enticement Charges in Florida: Laws, Penalties and Criminal Defense Strategies

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Last Updated on: 3rd November 2023, 07:11 pm

Child Enticement Charges in Florida: Laws, Penalties and Criminal Defense Strategies

Child enticement is a very serious crime in Florida that involves an adult soliciting or luring a child under the age of 18 to engage in illegal sexual activity. Even though actual physical contact does not need to occur, simply attempting to entice a child is against the law and can lead to felony charges, years in prison, and being required to register as a sex offender.If you have been accused of child enticement in Florida, it is critical that you understand the laws, potential penalties, and possible defenses so you can make informed decisions about how to proceed with your case. This article provides an overview of child enticement laws in Florida, typical penalties if convicted, and strategies a knowledgeable criminal defense attorney may use to defend against the charges.

What Constitutes Child Enticement in Florida?

Florida law defines child enticement or solicitation of a minor under two different statutes – Fla. Stat. § 794.011(8) and Fla. Stat. § 847.0135(3).

Fla. Stat. § 794.011(8) – Solicitation of a Child for Sexual Battery

This statute establishes guilt for solicitation of a child if:

• The victim was under 18 years old at the time
• The defendant attempted to engage the victim in an act defined as sexual battery under Fla. Stat. § 794.011
• The sexual battery did not have to actually take place to be considered a crime
• The victim’s consent or willingness to engage in the act is not a valid defense

Sexual battery includes oral, anal, or vaginal penetration by, or contact with, the sexual organ of another or the anal or vaginal penetration of another by any object.

Fla. Stat. § 847.0135(3) – Using the Internet to Solicit a Child

This statute establishes guilt for soliciting a child via the internet if:

• The defendant used the internet or an electronic device capable of transmitting messages (phone, tablet, etc.) to contact a minor
• The victim was a minor or believed by the defendant to be a minor
• The defendant solicited or attempted to solicit the minor to engage in sexual conduct

Penalties for Soliciting a Child in Florida

The penalties for soliciting a child in Florida depend on the nature of the offense:

• Soliciting a child online (Fla. Stat. § 847.0135(3)) is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
• Soliciting a child online and then traveling to meet them is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.
• Soliciting a child through other means, such as in person (Fla. Stat. § 794.011(8)), is typically charged as a first or second-degree felony depending on the circumstances.
• Those convicted may also be required to register as a sex offender.

Defenses to Child Enticement Charges

If you are facing charges of soliciting a minor in Florida, an experienced criminal defense attorney will evaluate the details of your case to determine how to build the strongest defense. Here are some common defenses:

• You did not actually solicit the minor. The prosecution must prove you solicited, enticed, seduced or lured the alleged victim. If you did not actually engage in this type of communication, then you cannot be found guilty.
• The alleged victim was not actually a minor. It is possible to be charged with soliciting a minor even if the supposed victim was an adult posing as a minor, such as an undercover officer. However, if you can show you had no intent to solicit a minor, this may invalidate the charges against you.
• False accusations. Unfortunately, false allegations do occur. If you are wrongly accused, an attorney can investigate inconsistencies in the accuser’s statement and other evidence that demonstrates your innocence.
• Entrapment. If the police or government agents induced or encouraged you to commit a crime you otherwise would not have, this may constitute entrapment. However, you must not have been predisposed to commit the crime in the first place.
• Illegal police conduct. If the police violated your rights by using illegal surveillance, coercive interrogation tactics, or did not have probable cause for obtaining a search warrant, any evidence gathered may be inadmissible.

Why You Need an Experienced Criminal Defense Attorney

Facing allegations of soliciting a minor can feel overwhelming. However, working with an attorney who has experience handling these types of cases in Florida can make all the difference. An attorney will conduct a thorough investigation into the charges against you, identify any police misconduct or other constitutional rights violations, and build a strong defense on your behalf.Do not wait to seek legal help if you or a loved one is facing child enticement charges. The sooner you have an advocate in your corner, the better the chances of avoiding the most serious penalties. Defending against these allegations requires skill and experience to carefully examine the evidence and identify any weaknesses in the prosecution’s case.With so much at stake, partner with a knowledgeable Florida criminal defense lawyer who will protect your rights at every stage of the legal process. They will make sure your story is heard so the court understands your side and does not only hear the limited or inaccurate details that led to your arrest. An experienced attorney can mean the difference between avoiding a conviction versus years behind bars and a lifetime as a registered sex offender.

Finding the Right Lawyer for Your Child Enticement Case in Florida

If you or someone you care about is facing accusations of soliciting a minor in Florida, the defense attorneys at Roelke Law can help. Schedule a free consultation by calling (904) 354-0333 to discuss your charges and begin building a strong legal defense. The initial consultation is a vital first step in protecting your rights and future. Contact them today to learn more about how their experienced criminal defense lawyers can assist with your alleged child enticement charges in Jacksonville, Fernandina Beach, St. Augustine, Green Cove Springs, and surrounding areas.