Can You Be Convicted of Multiple Sex Crime Charges for the Same Conduct in Florida?

When someone gets arrested in a Florida sex crime sting operation, it’s common for prosecutors to file multiple charges arising from the same actions. One investigation can lead to charges like online solicitation, unlawful electronic communication, and traveling to meet a minor. It might feel overwhelming and stressful, but Florida law actually limits how many convictions can stand when all the charges arise from the same conduct.

A recent ruling from a Florida appellate court sheds light on a key constitutional protection that many defendants might not know about: double jeopardy.

Understanding Double Jeopardy in Florida Criminal Cases

Double jeopardy prevents the government from punishing a person twice for the same crime. In Florida, courts use a legal test known as the Blockburger analysis to determine whether multiple charges are separate crimes or part of a larger offense. If the same conduct proves all elements of multiple charges, some convictions may violate the Double Jeopardy Clause and need to be overturned.

A Real Case Example

In the case of Hatcher v. State, the defendant faced convictions for four different crimes after a sting operation where an undercover officer pretended to be a 15-year-old girl online. The charges included traveling to meet a minor, solicitation via a computer, and unlawful use of a two-way communication device.

On appeal, the Second District Court of Appeal ruled that all the offenses were part of the same criminal episode. The court concluded that the solicitation and communication charges were not independent crimes but were instead essential steps that led to the alleged act of traveling to meet a minor.

Since those lesser offenses were “subsumed” within the greater offense, allowing all convictions to stand violated the protections against double jeopardy. As a result, the appellate court overturned the lesser convictions and remanded the case for resentencing on the most serious charge.

Why Does This Case Matter if You’re Facing Multiple Charges?

If you are facing multiple sex crime-related charges based on the same alleged conduct, the situation can feel overwhelming and increase pressure to plead guilty. However, as Hatcher v. State shows, more charges do not always mean more lawful convictions. Florida courts focus on the underlying conduct, not just the charge labels. When several offenses arise from the same actions, some convictions may violate double jeopardy and must be overturned. This can reduce sentencing exposure, limit long-term consequences, and significantly affect the outcome of your case even after trial or on appeal.

Double Jeopardy Errors Can Be Raised on Appeal

A vital point confirmed in Hatcher v. State is that a double jeopardy violation is considered a fundamental error, meaning the issue can be raised for the first time on appeal, even if it was not objected to during trial.

The Importance of a Strategic Criminal Defense

Allegations of sex crimes come with some of the harshest penalties under Florida Law. When several charges arise from the same alleged actions, careful legal analysis can significantly influence the outcome of the case.

A skilled criminal defense attorney can assess if the charges are legally separate, contest any unconstitutional convictions, and protect your rights throughout the entire process.

Contact an Orlando Sex Crime Lawyer

If you’re facing sex crime charges in Florida, don’t assume all charges will stand. Contact an experienced Orlando sex crime lawyer at Joshi Law Firm, P.A. for help reviewing the facts of your case, identifying potential double jeopardy issues, and fighting for the most favorable outcome possible.

Source:

scholar.google.com/scholar_case?case=10055440613283048173&q=traveling+to+meet+a+minor+criminal&hl=en&as_sdt=4,10,325,326,327&as_ylo=2025