Solicitation of a minor is a crime that is taken very seriously in Florida. If charged with solicitation of a minor, you need to act quickly and get ahead of the narrative by hiring an experienced lawyer who understands exactly what is at stake for you. The penalties for a conviction can be considerable. It is vital that you understand what qualifies as solicitation of a minor in Florida so you can avoid it.
What Qualifies as Solicitation of a Minor in Florida?
In Florida, the legal definition of solicitation of a minor involves an adult using various methods of communication to persuade a minor to engage in illegal sexual acts. Physical contact is not required to secure a conviction. The alleged victim does not need to be a minor, as long as the alleged perpetrator believes them to be at the time of contact. Attempting to solicit a parent or guardian to allow sexual acts with their child is also illegal.
Generally, in Florida, there are three specific types of solicitation of a minor, all of which can result in a conviction that comes with severe penalties. Those three types of solicitation are:
- Online solicitation. This form of solicitation occurs when the alleged perpetrator uses a computer, phone, or tablet to contact a minor with the intention of convincing them to engage in sexual acts. Depending on the case, this type of solicitation could be considered a federal crime due to the use of the internet.
- Traveling to meet a minor. Choosing to travel and meet a minor, or someone you believe to be a minor, with the intention of engaging in sexual conduct is another form of solicitation. If you end up meeting an undercover police officer instead, the very act of meeting, combined with existing communications, will likely be sufficient to bring charges against you.
- Lewd or lascivious conduct. An attempt to solicit a minor under the age of 16 years old for a lewd or lascivious act is a felony in the state of Florida. Lewd or lascivious acts include enticing them to touch you sexually or trying to touch them around the breasts, genitals, or buttocks. Even if the minor consents, the actions will still be illegal since they are under the age of consent.
Solicitation of a minor is not a rare occurrence in the state of Florida. According to recent statistical data from the Office of Program Policy Analysis and Government Accountability (OPPAGA), over 350 minors were identified as victims of commercial sexual exploitation (CSE) in Florida in 2022.
Hire a Solicitation of a Minor Lawyer
If you are facing charges, you should reach out to a solicitation of a minor attorney who can help defend your charges, safeguard your rights, and protect your future. It is vital to have an effective attorney with considerable knowledge of the Florida solicitation of a minor laws, as well as the state’s sexual abuse laws, as they may apply to you. Having legal representation from an attorney with vast experience in similar cases is important.
Don’t underestimate the seriousness of your situation, and contact a criminal defense lawyer as soon as possible.
Jim Amarosa has been defending clients with complicated and emotionally charged cases for nearly 20 years. Mr. Amarosa has recently been awarded the Barry Cohen Award for Excellence in Criminal Defense in Hillsborough County. He is highly respected and known for his relentless commitment to achieving a positive result for his clients.
FAQs
Florida state law defines solicitation of a minor as any action that involves an adult who is 18 or older using any form of communication, such as the internet, cell phone, or in-person interaction, to try to seduce or lure a minor under 18 years old to engage in sexual contact. If the alleged victim is under 18, they cannot legally consent to sexual activity. Ignorance of the victim’s age is not considered a valid defense.
Yes, online messages, texts, and social media communications can and often do lead to solicitation charges in Florida, particularly the solicitation of a minor. It is common for alleged perpetrators to use the internet, especially social media sites, to reach out to minors and build a cordial relationship with the intention of one day propositioning them for sex. These messages are often the most solid evidence against them.
Yes, solicitation laws do apply if the alleged perpetrator believed they were communicating with a minor but were actually speaking with an undercover cop. In fact, this is one of the most common ways that law enforcement is able to identify individuals and stop them without actually endangering a minor. The state’s solicitation laws focus on the alleged perpetrator’s belief that they were speaking with a minor, as well as the perpetrator’s intent.
No, it is not inherently illegal for an adult to talk to a minor without parental consent. Solicitation laws apply when the conversation turns sexual, and it becomes clear that the adult has an ulterior motive for conversing with the minor. In order to avoid even the suggestion that you are trying to lure a minor for sex, you may want to ask the parents before speaking with a child alone.
Solicitation of a Minor Attorney in Florida – Amarosa Law Firm P.A.
Facing charges involving the solicitation of a minor can be devastating to your social standing, your professional reputation, and your personal life. To avoid a conviction, you need to hire a solicitation of a minor lawyer who can help you by providing you with a solid defense strategy. James R. Amarosa II has provided countless clients with high-quality and effective legal help for nearly two decades. He can bring that experience to your case.
At Amarosa Law Firm P.A., we can advocate for you in court, protect your interests, and give you a fighting chance against the charges you are facing. Contact us to speak to a knowledgeable team member about the many ways we can help you with your case.