Computer Solicitation of a Child – Brevard County, FL

Computer Solicitation of A Child | Melbourne Sex Crimes Attorney

If you have been arrested for computer solicitation of a child, you need to retain an experienced criminal defense attorney as soon as possible. Typically, arrests in these cases stem from undercover cyber-investigations by law enforcement in which a trained officer will infiltrate an internet chat room for children or teenagers posing as an under-aged child. A conversation is started between the officer and the defendant which, after some time leads to talk of sexual activity between the two. Once a solicitation for sexual activity is made by the defendant, an arrest can then be made.

Florida Law

Under Florida Statute Section 847.0135, any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the third degree. A third degree felony under Florida law and a conviction for such offense is punishable by up to 5 years prison and/or a $5,000 fine. If the Defendant, while violating this law, misrepresented his/her age to the minor victim (or officer impersonating said minor victim), then he/she commits a second degree felony punishable by up to 15 years in prison and/or a $10,000 fine. In addition, a person may also face mandatory registration as a sexual offender.

Legal Issues

Importantly, this crime is deemed “completed” when the “enticement/luring” is communicated. NO traveling or meet-up between the parties is required. Also, it is important to know that courts do not consider an adult or law enforcement officer impersonating a minor child to be entrapment. In defending against these charges, an experienced criminal defense attorney needs to examine and scrutinize the exact manner in which contact was initiated between the parties, who suggested a sexual encounter or mentioned sexual activity first, and whether the victim/officer explicitly gave their age to the defendant. Also, to prove a conviction, there must be evidence that the Defendant (as opposed to someone else) was, in fact, the person sending the messages.

Richard G. Canina P.A. | Brevard County Sex Crimes Defense Lawyer

A charge of Computer Solicitation of a Minor in Brevard County, FL is not to be taken lightly! One’s job, reputation, and freedom can suddenly be placed into jeopardy. If you have been arrested for computer solicitation or any internet sex crime in Melbourne or Brevard County, FL, Contact The Canina Law Firm today. With well over 50 years of combined experience defending against serious sex charges in Florida, our attorneys will work hard to get you the best result possible! If you have been arrested in Melbourne or anywhere in Brevard County, FL, start fighting back today! CONTACT our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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