You Don’t Have To Meet a Minor To Face Solicitation Charges

Many people mistakenly believe that “online solicitation of a minor” charges only apply when a person physically meets a minor. The reality is that just chatting with someone you believe is a minor in a sexual manner is enough to land you in legal trouble. It is crucial that you understand this about solicitation cases so you can fully understand the risks and consequences. Florida and federal law aim to prevent exploitation of minors before it happens, which is why online communication alone can form the basis of a solicitation charge.

Understanding Online Solicitation of a Minor in Florida

Online solicitation of a minor arises when an adult uses the internet or other electronic means to entice, lure, or persuade someone they believe or know is under the legal age of consent to participate in sexual activities. A person can be charged with online solicitation even if a physical meeting never occurs between them and the minor.

Florida Statutes section 847.0135 does not require physical contact for someone to be charged with solicitation. The online communication itself can be sufficient for prosecutors to charge someone with a felony offense. Even if they did not meet the minor, a convicted individual can face many years behind bars.

Real Case Example

One recent case illustrates just how serious the crime of online solicitation of a minor can be, even if the accused never meets the minor. In this case, from June to December 2023, the defendant, whom, for purposes of this article, we will call D.M., a 30-year-old from Labelle, posed as a 16-year-old online and communicated with minors through social media. D.M. solicited explicit images and videos from children, including a 13-year-old whose parents reported him to the police. He also sent explicit photos of himself to minors and admitted to having contacted 100 minors to ask for pictures while sending his pictures to about 200.

After obtaining search warrants, the FBI found hundreds of illicit conversations, along with photos and videos of child sexual abuse material. D.M. admitted his conduct when questioned. He pleaded guilty in August 2024 and was sentenced by a federal judge to 30 years in prison, permanent sex offender registration, and lifetime supervised release.

This case shows that physical meetings are not a must, and even without them, the consequences can be devastating.

How Are Solicitation Cases Investigated?

Often, law enforcement runs sting operations to find child predators and arrest them. Sting operations involve undercover officers pretending to be minors online. If an adult initiates a conversation with an undercover officer because they believe the officer is a minor, gets into sexually explicit chats, asks for sexual photos or videos, or talks about sexual acts with the officer, those conversations can be used to arrest and charge them. This means that even if the “victim” was not a child and no meeting was ever set up, the accused can still be charged with solicitation of a minor.

Defending Against Solicitation Charges

While online solicitation charges are serious, it may be possible to defend against them. Some possible defenses to these charges include;

• Lack of intent
• Entrapment
• Insufficient evidence

An attorney can review your case and help you develop a strong defense.

Legal Help Is Available

If you’re under investigation or have been charged with solicitation, contact our skilled Orlando sex crime lawyer at Joshi Law Firm, P.A. for help protecting your rights and future.

Source:

justice.gov/usao-mdfl/pr/labelle-man-sentenced-30-years-coercion-and-enticement-minor-engage-sexual-activity