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West Palm Beach Online Solicitation Attorneys

Online Solicitation Attorneys in West Palm Beach

Sex crimes against children are among the most serious charges, often leading to harsh criminal penalties and immediate social condemnation. Defendants in these cases face not only the primary accusation but also frequently encounter additional charges, such as possession of child pornography, which can increase the severity of their situation.

Moreover, violation of probation can further complicate a defendant’s ability to fight online solicitation charges, creating significant legal obstacles. Child abuse and sexual assault allegations may also arise alongside these charges, making a comprehensive defense strategy critical for protecting both freedom and reputation.

An experienced West Palm Beach criminal defense attorney is essential in these situations, working aggressively to challenge the evidence, navigate the complex legal issues, and defend the defendant’s rights. With multiple charges often intertwined, a skilled attorney can address each aspect of the case to reduce the potential for severe penalties.

Ultimately, a strong defense is the best way to protect against the legal and personal consequences of being accused of sex crimes involving children. The earlier a defendant seeks legal counsel, the better their chances for a successful defense.

Those who believe they are under investigation should not wait until arrest. Early consultation with an experienced criminal defense law firm is the best thing you can do to protect your rights and minimize the damage, even as evidence is being gathered against you. Exercise your right to remain silent. Resist the temptation to try to talk your way out of trouble. Anything you say can be used against you and may conflict with potential defenses that may otherwise be available to you after seeking the help and guidance of an experienced defense attorney.

Related:  Online Solicitation of a Minor in West Palm Beach, Florida: A Serious Crime with Severe Consequences

Internet Solicitation Defense

Internet solicitation occurs when an adult over age 18 encourages, lures or entices a minor (someone under the age of 18) to engage in a sex act through a computer networking system or the Internet. There are other associated crimes, such as possession of child pornography, which can quickly become serious as each image may be considered its own separate felony crime and video will be an aggravated factor that will further enhance the charges and penalties a defendant faces.

In recent years, overzealousness by law enforcement has become an increasingly common issue in these cases. Even images traded among consenting teenagers may be pursued as a felony sex crime.

Florida Statute 847.0135(3) covers crimes associated with computer pornography, prohibited computer usage and the penalties for traveling to meet minors to engage in sexual activity. Under the law, you can be found guilty of Internet solicitation if you knowingly use an internet service, online computer service, local bulletin board or other device to attempt to actually entice, lure, solicit or seduce a child, or a person believed to be a child, to commit illegal sexual acts.

Internet solicitation is usually a third degree felony, carrying a penalty of up to 5 years in prison, 5 years of probation and a $5,000 fine. However, those defendants accused of misrepresenting their age during the commission of an offense can be charged with a second degree felony, which is punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine.

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It’s important to note that there are 5 elements to the crime and your West Palm Beach criminal defense attorney will work to disprove each element required for a conviction:

  • That you acted “knowingly.”
  • Using the internet or computer device.
  • To entice, lure, solicit or seduce.
  • A child or someone believed to be a child.
  • To commit illegal sexual acts.

Failure to prove each element will result in a defendant not being convicted of online solicitation. It’s important to note that sexual battery does not need to occur. The crime is committed once the enticement occurs. Additionally, the law does not allow defendants to argue they did not know the person was under the age of 18 and/or that the victim willingly engaged in the activity.

You may also be charged with using your phone during the commission of the offense, in addition to a computer device, resulting in two charges against you. The law also makes it a separate criminal offense to travel to meet a child for sexual activity.

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

Online solicitation in West Palm Beach, as discussed on the Salnick Law P.A. website, involves using the internet or computer devices to entice, lure, solicit, or seduce a minor under 18 to engage in illegal sexual activities. This is considered a serious felony crime, often accompanied by related charges such as possession of child pornography. The site highlights that each image can be a separate felony, and videos can aggravate charges further. It's crucial for anyone facing such allegations to consult experienced defense attorneys early to protect their rights and address the charges effectively.
The legal penalties for online solicitation in West Palm Beach are severe, often involving felony charges. Penalties can include substantial prison time, hefty fines, and mandatory registration as a sex offender, which has long-lasting consequences on personal and professional life. Each case's specifics can affect the severity of the penalties, emphasizing the importance of legal representation to navigate these charges.
Yes, online solicitation charges can be defended in West Palm Beach. Defense strategies may involve challenging the evidence, proving the absence of intent, or showing entrapment by law enforcement. Each defense is tailored to the specifics of the case, focusing on undermining the prosecution's claims and protecting the rights of the accused. For detailed strategies and legal support, it's crucial to consult with a knowledgeable defense attorney. Successful defenses may result in reduced charges or even dismissal of the case.
Online solicitation involves intentionally communicating with a minor for illegal purposes, while entrapment occurs if law enforcement induces someone to commit a crime they would not otherwise have attempted. Entrapment is a recognized defense if it can be shown that the accused had no predisposition to commit the crime. Many online sting operations walk a fine line between solicitation and entrapment. Attorneys examine chat transcripts, officer conduct, and initiation of contact to determine if entrapment applies. This distinction can mean the difference between conviction and dismissal. It is a critical point in many internet crime defenses.
Yes, deleted texts, emails, or chat messages can often be recovered by forensic investigators. Law enforcement frequently uses specialized software to retrieve such communications. This evidence may be presented in court to support the prosecution’s claims. However, defense attorneys may challenge the authenticity or completeness of recovered data. Questions of context and interpretation also arise. For this reason, digital forensics is a central component in online solicitation cases.
In Florida, many online solicitation convictions do require sex offender registration, but outcomes can vary depending on case details. Sometimes plea bargains may result in reduced charges that do not trigger registration. Defense attorneys work to negotiate alternatives that lessen long-term consequences. Registration can impact employment, housing, and personal relationships, making this a critical issue. Understanding what charges carry mandatory registration is vital. Early intervention by an attorney is often the best way to protect against this outcome.
If you are accused of internet solicitation in West Palm Beach, it's crucial to take immediate action. First, avoid discussing details of the case with anyone except your attorney. Second, promptly seek a skilled criminal defense attorney who has experience with online solicitation cases. Your attorney will guide you through the legal process, help protect your rights, and work on formulating a defense strategy based on the specifics of your case. Reach out to us for a confidential consultation.

Additional Information in West Palm Beach

The 2023 Florida Statutes - Computer-Related Crimes: Detailed legal information about statutes governing crimes like internet solicitation, including definitions, penalties, and other legal conditions. Understanding these statutes can be crucial in an online solicitation case, as they outline the legal framework, potential charges, and defenses. Knowing the exact language and provisions of the law can help in forming a strong legal defense and guide the strategy in court proceedings.
National Center for Missing & Exploited Children - CyberTipline: Povides a centralized system for reporting online exploitation of children, including solicitation. It offers resources and support for victims and their families, and the reports submitted through the CyberTipline are used to assist law enforcement in investigations. This resource can be instrumental in an online solicitation case by providing a platform for reporting suspected illegal activities and helping to gather evidence that could be crucial for law enforcement and legal proceedings.
U.S. Department of Justice - Project Safe Childhood: initiative by the U.S. Department of Justice aimed at combating child exploitation and abuse, particularly through the internet. This program coordinates efforts across federal, state, and local levels to locate and prosecute offenders while helping to identify and rescue victims. It is a critical resource for handling cases involving online solicitation by providing legal frameworks, enforcement support, and educational resources. In an online solicitation case, leveraging this initiative can aid in understanding legal consequences and enhancing the defense or prosecution strategy.

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