What Counts as “Traveling” Under Florida’s Traveling To Meet a Minor Law?
If you have been accused of traveling to meet a minor in Florida, you may be wondering what the word “traveling” actually means under the law. Do you have to reach the meeting place? Does driving a short distance count? What if you changed your mind along the way? Florida’s law is broad, and understanding what prosecutors must prove can help you better understand the charges you may be facing.
Does Traveling Mean You Have To Reach the Meeting Place?
No. Florida Statutes section 847.0135 does not require the accused to have arrived at the intended meeting location. The statute expressly covers someone who “travels any distance” and also includes attempts to travel. This means the State may pursue a charge even when the alleged meeting never occurred, and there is no physical or sexual contact with a minor.
What Kind of Movement Can Count?
Traveling can mean different things, such as walking, driving, taking public transportation, or using another form of transportation. However, the important question is not just whether someone moved from one place to another. What matters is whether the travel was connected to the purpose described in the law.
The law looks at the reason for the travel and the circumstances surrounding it, rather than simply how far someone traveled. For example, if prosecutors claim that a person drove to a meeting place arranged through online messages, they may argue that this meets the travel requirement.
However, just being near the meeting location may not be enough. The State must still show the required connection between the alleged online solicitation and the person’s travel for the prohibited purpose.
Can Someone Else Do the Traveling?
Florida’s statute specifically addresses circumstances in which a person causes another individual to travel or attempt to travel. This means the prosecution does not necessarily have to show that the defendant personally drove or walked to the proposed meeting.
What Must Prosecutors Prove?
A traveling-to-meet-a-minor case involves more than proving that someone traveled. The offense requires proof of;
- The electronic communication or solicitation,
- The defendant’s belief that the person was a child,
- The prohibited sexual purpose, and
- The travel or attempted travel connected to that purpose.
Each required element must be proven beyond a reasonable doubt.
What if You Change Your Mind and Do Not Meet the Minor?
Changing your mind and not completing the planned meeting does not necessarily mean the case ends. Florida’s law can apply to an attempt to travel, so prosecutors may focus on what happened before the change of mind. They may look at messages, directions, transportation records, or other evidence to determine whether the person traveled or attempted to travel for the prohibited purpose.
Understanding what counts as “traveling” under Florida law is important if you are facing allegations of traveling to meet a minor. The State must prove each required element beyond a reasonable doubt, including the connection between the alleged online communication, the prohibited purpose, and the travel. The specific facts and evidence in your case can make a significant difference.
Contact Us for Legal Help
If you are under investigation or charged with traveling to meet a minor in Florida, contact an Orlando sex crime lawyer at Joshi Law Firm, P.A. We can examine the communications, travel evidence, and circumstances to identify weaknesses in your case and protect your rights today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.0135.html
