An accusation of Solicitation of a Child can lead to very serious consequences in the state of Florida. Aside from a lifelong stigma and registration as a sex offender, a conviction can result in life changing fines, probation and even prison. Many of these penalties and the conviction itself can be found by law enforcement, prospective employers, and housing background checks.
How the actual crime is charges can have a significant impact on how the crime is prosecuted and how a defense attorney can weaken that case. The most common type of solicitation in this day and age is electronic solicitation. Sting operations have been made popular by television. An adult pretending to be a child can lay the groundwork for a conviction under some subsections of solicitation. Alternatively, it can be a defense under different charging theories that the solicited individual was not a child at the time.
Lee Lockett and the legal team at Lockett law can help break this down and create a defense plan. If you have been accused of Solicitation of a Child in the Jacksonville area it is crucial to speak to a sex crime defense lawyer as soon as possible to preserve your rights. Call a sex crime defense attorney in Jacksonville today at (904) 858-9818 or connect with our team in the chat window on the bottom right of your screen to have an open and free consultation.
Solicitation of a Child in Florida Defined
As stated above, Florida Law creates multiple pathways for the state to charge someone with Solicitation of a child.
- Lewd or Lascivious Act – This is the basic type of Solicitation of a Child, defined by Florida Statutes 800.04(6)(a). This is defined as intentionally touching a person under the age of sixteen (16) in a lewd or lascivious manner or soliciting a person under the age of sixteen (16) to do the same.
- Lewd or Lascivious Exhibition – Defined by Florida Statutes 800.04(7)(a) as masturbating, exposing genitalia in a lewd way, or another sex act, while in the presence of a person under the age of sixteen (16).
- Electronic Solicitation – According to Florida Statutes 847.0135(3)(a), it is illegal to, while using the internet on any type of device, “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 commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.” Florida law defines a child as someone under the age of eighteen (18), so unlike a completed act, a sixteen (16) or seventeen (17) year old victim or perceived victim can lead to a conviction. Each individual use of a computer or smartphone can lead to its own individual charge and conviction
- Solicitation by Authority Figure – a person in a familial or custodial authority over a person under the age of eighteen (18) commits a felony in the third degree by committing any act of sexual contact. This is outlined in Florida Statutes 794.011(8)(a).
Penalties for Solicitation of a Child in Florida
Solicitation of a Child is a second or third degree felony under Florida law. Factors such as the age of the victim, the offender misrepresenting age, or the severity of the contact can change how the offense is charged. If you have been charged and are unclear on the penalties you may face, speak to a criminal defense attorney qualified to guide you through this complicated process.
If convicted of solicitation of a child as a third-degree felony, the potential penalties are:
- Up to five (5) years in prison
- Up to $5,000 in fines
- Up to five (5) years of probation
- Treatment as mandated by the court.
If convicted of solicitation of a child as a second-degree felony, you face:
- Up to fifteen (15) years in prison
- Up to $10,000 in fines,
- Up to five (5) years of probation
- Treatment as mandated by the court.
Even after release from treatment and or prison and offender will have to register as a sex offender. The State of Florida makes this information available to anyone through the Florida Department of Law Enforcement Website. This information is available to employers, housing, government agencies, friends, family, and neighbors. There are also a myriad of restrictions that come with any felony conviction, impacting gun ownership, right to vote, service as a juror, etc.
Defenses for Solicitation of a Child in Florida
The penalties for Solicitation of a Child under Florida law can create a lot of stress for the accused, but fortunately there are defenses a skilled sex crime defense lawyer in Jacksonville can apply.
- Factual Defense – The most common type of defense available, essentially the “I didn’t do it defense.” This can include an alternative suspect, false accusation, lack of sufficient evidence, or any other theory that erodes the State’s ability to prove a conviction beyond a reasonable doubt.
- Entrapment – This is one of the most common types of cited defenses, especially in these types of cases. Unfortunately, it is much harder to establish than TV shows and media will show. The police do not merely have to give the accused the opportunity to commit an offense but must go above and beyond to induce committing an offense that the person would not have committed without that pressure. This is why convictions from To Catch a Predator are able to be sustained in court. A reluctant agreement to engage in activity aggressively pushed by an undercover officer may sometimes be able to rise to the level of entrapment.
- Constitutional Challenges – if evidence is gathered in violation of the constitution a skilled sex crimes defense attorney can seek to have that evidence suppressed. Some examples are:
- Digital Evidence – Police must have probable cause or a warrant to search a device. Electronic solicitation almost always includes some type of evidence gathered from one or more devices. If police looked before getting a warrant, or if the original warrant is faulty, the entire case could be dismissed by the judge.
- Statements – Statements you make can generally be used against you in a court of law, which is why prevailing advice is to remain silent. Sometimes though, police tactics go too far and the constitution demands that these statements be suppressed. A suppressed confession or admission of guilt can completely gut the prosecutor’s case in some circumstances.’
Jacksonville Sex Crime Defense Lawyer
Lee Lockett and legal team at Lockett Law are based out of Duval County, but travel all over North Florida to defend the rights of the accused. The team is prepared to defend your rights if you have been accused of Solicitation of a Child in or out of Jacksonville. Mr. Lockett began his career as a prosecutor and brings that knowledge to defend the accused and seek justice. He learned how these cases work and knows how to appeal to the state attorney assigned to your case. Call a criminal defense attorney in Jacksonville today at (904) 858-9818 or connect with our team in the chat window on the bottom right of your screen to have an open and free consultation.
