What Actions Qualify as “Substantial Steps” in Attempted Online Enticement of a Minor Under Florida Law?

Many people are usually surprised by the fact that, under Florida law, one can face serious criminal charges for attempting to entice a minor into sexual activity even when no physical meeting takes place. In such cases, the focus isn’t on whether the contact happened, but on what the person intended to do and how far they went towards actualizing it. Prosecutors typically rely on the concept of “substantial step” to argue that an online conversation crossed into a criminal act.

What “Substantial Step” Means in Attempt Charges

In attempt cases, a substantial step refers to conduct that extends beyond casual conversations. A substantial step clearly shows an intent to commit a crime. To secure a conviction for attempted online enticement of a minor, the prosecution must prove two key things. One, that the defendant intended to persuade, induce, or entice the minor to engage in unlawful sexual activity, and two, that the defendant took concrete actions that powerfully demonstrate intent to commit the offense.

Conduct That Courts May View as Substantial Steps

The following are examples of actions that a court may view as substantial steps in attempted online enticement of a minor:

Arranging a Meeting Location

Setting a specific place to meet a minor for sexual activity can qualify as a substantial step, even if the meeting never happens. In these cases, prosecutors often rely on discussions about where to meet, how to avoid detection, or coordinating schedules as evidence that the interaction between the defendant and the minor was more than casual online conversations.

Taking Steps Towards Travelling and Travelling To Meet a Minor

Under Florida law, taking steps towards travelling to meet a minor, such as booking a hotel room, buying bus or plane tickets, or arranging transportation, may be just enough to charge one for attempting to entice a minor as actually travelling to meet them. Florida Statute § 847.0135(4) criminalizes traveling any distance within, to, or from Florida with the intent to engage in unlawful sexual conduct with a child, or someone believed to be a child, after using electronic communication.

Offering Inducements or Gifts

If the defendant is found to have promised to buy items such as clothes, candy, money, or sexually suggestive items like bikinis or underwear, this can be used to show intent to persuade or entice.

Possession of Items To Engage in Sexual Activity With a Minor

Having items such as a camera, condoms, or sexually suggestive clothing at the time of arrest may also be used to support the argument that the defendant was preparing to engage in the planned sexual activity.

Using Intermediaries

Finally, attempting to entice a minor can also involve the use of intermediaries. If a defendant is found to have communicated through a third party, such as an undercover officer posing as a parent or guardian, they may face charges for attempting to entice a minor. This is because the law focuses on the defendant’s intent and actions, not the identity of the person on the other side of the conversation. This is why the entrapment defense isn’t automatically sufficient to avoid conviction.

Contact Us for Legal Help

If you’re facing online enticement allegations, contact an experienced Orlando sex crime lawyer at Joshi Law Firm, P.A. for help protecting your rights and building a strong defense strategy.