Accused of Talking Inappropriately With a Minor Online? What You Need To Know Before It’s Too Late
Meeting people online is more common today than ever before. However, people need to be cautious, especially when using dating or chat platforms. It is very easy to be accused of having inappropriate conversations with a minor. If this occurs, your case will be investigated aggressively. Depending on the facts of your case, your case may be investigated under both state and federal law. Even one online conversation is enough to result in felony charges.
If you have been accused or think you may be under investigation, it is crucial to understand your rights and act fast before it is too late.
How Does Florida Law Deal With Online Solicitation Cases?
Florida Statutes section 847.0135 criminalizes using an internet service, computer online service, or any electronic device to solicit, entice, or attempt to meet a minor for unlawful sexual activity. The law covers text messages, chats, or even sending explicit pictures.
In Florida, you can be charged with online solicitation of a minor even if;
- You never physically met the minor
- The “minor” was actually an undercover officer pretending to be a child
As long as your communication suggests that you are interested in engaging in sexual activity with a minor or sexually exploiting a minor, you can be charged even if you never explicitly stated that you want to have sex. If convicted, you could face a lengthy prison sentence, sex offender registration, and many other long-lasting consequences.
When Online Solicitation Cases Become Federal
Many times, online solicitation cases are prosecuted at the federal level. For example, if a person uses the internet, text messaging, or email to communicate with a minor for sexual purposes across state borders, they will be prosecuted under Title 18, Section 2422.
Being convicted under federal law comes with a mandatory minimum sentence of 10 years in federal prison. When aggravating factors, such as a prior criminal history, are involved, the penalties can be much harsher.
Is It Possible To Defend Against Accusations of Online Solicitation?
If you are being accused of talking to a minor inappropriately online, or in other words, online solicitation, you may be wondering if you can defend yourself. Yes, you can. While these cases are serious, an accusation does not necessarily mean guilt. You are innocent until proven guilty.
Here are some of the commonly used defenses in these cases;
- Lack of Intent: In online solicitation cases, the prosecution must prove you intended to persuade, coerce, or entice a minor to participate in illegal sexual conduct. A casual conversation with a minor is not enough to get you convicted.
- Entrapment: Did an officer initiate contact and encourage illegal conduct that you wouldn’t have otherwise committed? In such a case, you may be able to raise the entrapment defense.
- Hacked Account or Mistaken Identity: Perhaps your account was hacked, or someone used it without your permission.
- Mistaken Age: You can use this defense if you reasonably believed the minor was of legal age.
If you are under investigation, avoid speaking with the police without an attorney present. Don’t delete any messages or destroy devices, as this could be considered destruction of evidence. Instead, contact a criminal defense attorney who has experience in sex crime cases.
Contact Us for Legal Help
If you’ve been accused of having inappropriate conversations with a minor online, don’t wait. Speak to our skilled Orlando sex crime lawyer at Joshi Law Firm, P.A. for help protecting your rights.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.0135.html
