What Is Considered Online Solicitation in Florida?

In today’s digital world, much of our communication takes place online. While social media, messaging apps, and chat platforms make it easy to connect with others, they also create opportunities for law enforcement to monitor and investigate potential crimes. In Florida, one of the most serious internet-related offenses is online solicitation of a minor. This offense involves using electronic communication to solicit, entice, or attempt to arrange unlawful sexual activity with a person under the age of 18 or someone believed to be underage.

Florida’s law on online solicitation is found in Florida Statutes §847.0135. It is written broadly to cover many different types of online interaction. The law applies to text messages, emails, social media posts, dating apps, internet chat rooms, and other platforms. Importantly, the law applies even if the person on the other end is not actually a child but instead an undercover officer posing as one. What matters is whether the accused person believed they were communicating with a minor and acted on that belief.

How Florida Defines Solicitation Online

Florida’s law covers a wide range of activity, some of which may surprise people who do not realize how serious their online conversations may look to investigators. For example:

• Engaging in conversations with the intent to persuade a minor into sexual activity
• Arranging to meet someone believed to be underage for unlawful purposes
• Sending explicit messages, images, or videos to someone who is or appears to be underage
• Misrepresenting age or identity online to gain access to minors
• Making travel arrangements to meet with a minor after online conversations

It is also important to understand that under Florida law, an “attempt” can be enough to lead to an arrest. This means that even if no meeting takes place, and even if the child is not real, a person may still face charges if prosecutors believe there was intent to commit the offense.

Penalties for Online Solicitation in Florida

The penalties for online solicitation are extremely harsh, reflecting how seriously Florida courts treat this crime. Even a first-time offense can lead to years in prison, large fines, and mandatory registration as a sex offender. Some of the most common penalties include:

• Felony Charges: Most solicitation charges are filed as third-degree felonies, punishable by up to five years in prison and fines of up to $5,000.
• Second-Degree Felony: If aggravating factors are involved, such as misrepresenting age, traveling to meet a minor, or using a position of authority, charges may be elevated to a second-degree felony. This carries penalties of up to 15 years in prison and larger fines.
• Mandatory Sex Offender Registration: A conviction requires registration as a sex offender. This label affects nearly every part of life, including employment opportunities, housing options, and even where a person can live.
• Probation and Monitoring: Even if a person avoids prison, they may face strict probation conditions such as electronic monitoring, computer restrictions, and mandatory counseling.

In addition to these penalties, the long-term consequences of a conviction are often devastating. Being labeled a sex offender can impact personal relationships, create barriers to employment, and permanently damage a person’s reputation in their community.

Possible Defenses Against Online Solicitation Charges

Being accused of online solicitation is frightening, but an accusation does not automatically mean a conviction. The prosecution must prove every element of the crime beyond a reasonable doubt, and there are defenses that may apply depending on the facts of the case. Some common defenses include:

• Lack of Intent: The state must prove the accused intended to solicit unlawful sexual activity. If the conversation was taken out of context, ambiguous, or lacked clear evidence of intent, the charges may not hold up.
• Entrapment: Law enforcement sometimes uses sting operations to investigate solicitation. If officers encouraged or pressured someone into committing a crime they otherwise would not have committed, entrapment may be a valid defense.
• Mistaken Identity: In some cases, accounts may be hacked, phones may be borrowed, or electronic records may be incomplete. If prosecutors cannot prove that the accused was the person who sent the messages, charges may not succeed.
• Improper Evidence Collection: Police must follow strict rules when gathering online evidence. If they violated constitutional rights during the investigation, evidence may be excluded in court.
• No Knowledge of Age: While not always a complete defense under Florida law, there may be situations where the accused reasonably believed the other person was an adult. This can complicate the state’s case and may affect how charges are handled.