Is Intent Required for a Traveling To Meet a Minor Charge in Florida?
Traveling to meet a minor is a serious offense in Florida that can have serious consequences, including possible prison time and long-term sex offender registration. When facing charges of traveling to meet a minor in Florida, one question people ask is whether prosecutors need to show intent to secure a conviction.
So, is intent required for traveling to meet a minor charge in Florida? According to Florida law, intent is a crucial and required element of a traveling to meet a minor charge. If there’s no evidence that the defendant traveled or attempted to travel with an illegal sexual motive, the charges may be reduced or dismissed.
Understanding Florida’s Traveling to Meet a Minor Law
The offense of traveling to meet a minor is codified under Florida Statutes section 847.0135(4). This law makes it a felony for someone to travel, or try to travel, any distance after using electronic means to solicit, lure, or entice a minor (or someone believed to be a minor) into unlawful sexual activities.
It is crucial to note that the statute does not criminalize online communication by itself, nor does it criminalize travel on its own. The law targets those who travel or attempt to travel for purposes of engaging in illegal sexual activity with a minor.
Is Intent Required?
As already stated, to secure a conviction for traveling to meet a minor, prosecutors need to prove intent. This means the state must prove that the defendant had the intention of engaging in unlawful sexual conduct with a minor at the time the travel or attempted travel took place.
Specifically, you cannot be convicted unless the prosecution has proved all the following elements:
- You used electronic communication, such as social media, texts, or chat apps
- The communication was about soliciting, luring, or enticing a minor or someone you believed was a minor
- You traveled or attempted to travel, and
- You intended to engage in illegal sexual conduct with the minor
If the prosecutor cannot prove any of these elements, especially intent, you cannot be prosecuted.
What Is the Importance of Intent?
Intent is what differentiates between lawful and unlawful conduct. In traveling to meet a minor case, it is the purpose behind the travel or attempted travel and not the travel itself that determines whether a crime happened. Florida recognizes that people travel daily for legitimate reasons, and that is why the state must prove the defendant traveled with the specific intent to engage in illegal sexual conduct with a minor to secure a conviction.
Can You Be Convicted if There Wasn’t an Actual Minor?
A common misconception is that if the person was not actually under 18, no crime happened. However, in Florida, a defendant may still be charged and convicted if the prosecution can show that they believed they were communicating with a minor and traveled or tried to travel with the intention of engaging in unlawful sexual conduct, even if the “minor” was an undercover law enforcement officer.
Contact an Orlando Sex Crime Lawyer
If you’re facing charges of traveling to meet a minor, contact our experienced Orlando sex crime lawyer at Joshi Law Firm, PA, for help developing a strong defense strategy.
Source:
flsenate.gov/Laws/Statutes/2021/847.0135
