Common Misconceptions About Online Solicitation Cases
Online solicitation cases are among the most serious cases in Florida and at the federal level. Florida and federal laws impose severe penalties for using a computer or another electronic device to communicate illegally with minors. Unfortunately, there are many myths about this offense, which can lead to confusion. If you do not understand the truth about the crime of online solicitation, you may be left unprepared for how serious these charges are if you are arrested and charged. In this article, our Orlando sex crime lawyer debunks some of the most common misconceptions about online solicitation cases.
Myth #1: You Can Only Face Solicitation Charges if You Meet a Minor in Person
False: In Florida, you do not have to meet a minor in person to be charged with online solicitation. You can be charged even if you don’t set up a face-to-face meeting. According to Florida Statutes section 847.0135, it is a felony offence to use a computer or any other electronic device to solicit, entice, or lure a minor into engaging in illegal sexual conduct. Even under federal law (18 U.S.C. section 2422), you can be charged with online solicitation for simply attempting to persuade or entice minors across state lines through electronic means. Just sending messages is enough to result in an arrest, even if no meeting happens.
Myth #2: I Cannot Be Charged if the Person Lied About Their Age
False: Florida and federal law focus on what someone believed and intended during the communication. Did you think you were speaking to a minor and acting with the intent to engage in unlawful conduct? Usually, courts depend on the content of chats and messages to determine intent and belief. You cannot escape criminal liability by simply arguing that you did not know the real age of the individual.
Myth #3: Sting Operations Are Considered Entrapment
False: Many people are arrested for online solicitation during sting operations where undercover officers create fake online profiles and pretend to be minors. While entrapment is a valid legal defense in criminal cases, it is rarely applied. This is because, for this defense to work, the defendant must prove that law enforcement pushed them to commit the crime, and they were not already predisposed to do so. If you initiated or willingly engaged in unlawful conversations with an undercover officer even after they told you they were underage, the entrapment defense is unlikely to succeed, even though the officer lied about their age.
Myth#4: You Can Avoid Charges if You Delete Messages
False: Deleting chats or online messages will not erase them permanently. Law enforcement can recover deleted chat logs, texts, and emails from computers, phones, and other electronic devices. On top of still facing solicitation charges, if you delete messages, you could face additional charges, such as tampering with evidence.
If you believe you are under investigation, the best thing to do is to contact a skilled criminal defense attorney immediately. Do not try to hide or destroy anything you believe can be used as evidence against you. A qualified attorney can help you protect your rights without worsening your situation.
Contact an Orlando Sex Crime Lawyer
If you’ve been arrested for online solicitation or believe you are being investigated, contact 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
