What Evidence Can Prosecutors Use in a Florida Traveling To Meet a Minor Case?
Being accused of traveling to meet a minor in Florida can be overwhelming. However, just because you are accused does not mean you are guilty. The state has the burden of proving all the elements of the crime beyond a reasonable doubt.
Under Florida Statutes § 847.0135(4), prosecutors generally must establish that a person used an internet service, computer, or another electronic device to solicit, lure, entice, or attempt to entice a child or someone believed to be a child, and then traveled or attempted to travel for an unlawful sexual purpose. The statute also applies when the person believed they were communicating with a child, even if the individual they planned to meet was actually an undercover officer or another adult.
Below, we look at some of the evidence the state can use in a traveling-to-meet-a-minor criminal case. We also look at some of the defense strategies that may be available to defendants.
Digital Messages May Be Key Evidence
Text messages, online chats, emails, social media conversations, and other electronic communications may be used as evidence in these cases. Prosecutors may examine these communications to establish what was discussed, who initiated particular conversations, whether sexual conduct was discussed, and whether a meeting was planned.
Florida law specifically addresses communications through computers, internet services, bulletin boards, and other devices capable of storing or transmitting electronic data.
Evidence of Travel or an Attempt To Travel
The prosecution may also rely on evidence showing that the defendant actually traveled or attempted to travel. Depending on the circumstances, this could include;
- Surveillance records
- Location information
- Transportation records
- Photographs, or
- Statements allegedly made about the planned meeting.
Importantly, Florida law covers an attempt to travel, meaning prosecutors do not necessarily need to prove that the person successfully arrived at the intended meeting location.
Undercover Communications and Sting Evidence
Law enforcement frequently uses undercover operations to investigate suspected online sexual offenses. An undercover officer may pose as a minor while communicating with a suspect to gather evidence and determine whether a crime has happened.
What Defense Strategies May Apply?
A Florida criminal defense attorney can examine whether the prosecution’s evidence actually establishes every required element beyond a reasonable doubt. The defense may scrutinize the complete conversation rather than isolated messages, question the interpretation of ambiguous statements, and examine whether the evidence establishes the required intent and alleged travel or attempted travel.
Entrapment may also be used as a defense in certain cases. Florida law recognizes that undercover involvement alone is not enough to establish entrapment. However, depending on the law enforcement’s conduct and evidence supporting the claim, you may be able to use entrapment as a defense.
Other potential defenses can include;
- Constitutional violations
- Improperly obtained evidence, and
- Statements made during an investigation or after arrest.
Your defense attorney should also examine the reliability, completeness, and context of digital evidence before accepting the prosecution’s interpretation.
Contact Us for Legal Help
If you are under investigation or have been arrested on suspicion of traveling to meet a minor in Florida, contact an Orlando sex crime lawyer at Joshi Law Firm, PA today for help protecting your rights, evaluating the prosecution’s evidence, and identifying appropriate defense strategies.
