Legal Defenses Against Online Solicitation Charges in Florida
In Florida, among the most serious charges you can face are online solicitation charges. Being charged with online solicitation can feel really scary. The crime of online solicitation carries severe penalties. If you are convicted, you could face lengthy prison time, mandatory sex offender registration, and dealing with lasting social stigma. However, it is vital to remember that just because you have been accused of online solicitation does not mean you are guilty. In Florida, the law requires that defendants be presumed innocent until proven guilty, not vice versa. Depending on the specifics of your case, there may be several legal defenses that might apply.
Understanding Online Solicitation in Florida
According to Florida Statutes section 847.0135, it is against the law to use the internet, a computer, or any other electronic device to try to solicit, entice, or lure an underage child into engaging in illegal sexual activities. It is also unlawful to attempt to solicit, entice, or lure the parent or guardian of a minor child into consenting to the participation of the child in sexual conduct.
The law also criminalizes traveling to meet someone you believe is a minor for the purpose of having them engage in unlawful sexual conduct. Even if the minor does not exist and is instead a law enforcement officer pretending to be a minor, you can be arrested and charged. Often, online solicitation charges stem from internet sting operations where officers pose as minors to catch alleged offenders.
Common Defenses Against Online Solicitation Charges in Florida
Every case is different, so the defense that may apply in one case is not necessarily the same one that may apply in another case. The defense strategy you can use to defend yourself against online solicitation charges depends on the specifics of your case. That said, here are some of the common legal defenses against online solicitation charges in Florida;
1. Entrapment
Entrapment occurs when an officer persuades someone to commit a crime they wouldn’t have committed otherwise. If you can prove that the idea and motivation to commit the crime originated with law enforcement and you did not have any intention of soliciting a minor, your charges could be dropped.
2. Lack of Intent
Another commonly used defense in online solicitation cases is the lack of intent. This defense entails showing that the defendant was unaware of the illegal nature of their actions or that their actions were misinterpreted. Lack of intent means that the accused did not necessarily intend to commit the crime. In a solicitation case, this defense seeks to disprove the prosecution’s claim that the accused knowingly sought to solicit, entice, or lure a minor into engaging in illegal sexual conduct.
3. Lack of Enough Evidence
To be convicted, the prosecution must prove its case beyond a reasonable doubt. It is a legal defense to argue that the prosecution lacks sufficient evidence to prove its case beyond a reasonable doubt.
4. Violation of Constitutional Rights
Any violation of the defendant’s Constitutional rights, such as a violation of Fourth Amendment rights (protection against illegal search and seizures), can lead to evidence being thrown out. For instance, if investigators obtained digital data without a valid warrant, the defense attorney may move to suppress that evidence.
Contact Us for Legal Help
If you are facing online solicitation charges, contact our experienced Orlando sex crime lawyer at Joshi Law Firm P.A. today to explore your legal options and protect your rights.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.0135.html
