Understanding Florida’s Lewd or Lascivious Offenses
Florida Statute 800.04 governs lewd or lascivious offenses involving individuals under the age of 16.
These offenses include a broad range of actions, including solicitation of a minor for sexual purposes.
Solicitation refers to encouraging, enticing, or attempting to engage a minor in sexual activity, whether or not the act was completed.
What Is Solicitation of a Minor?
Under the statute, solicitation is considered a lewd or lascivious act if it involves any request or attempt to have sexual contact with a minor under 16.
This includes:
- Encouraging or enticing a minor to engage in sexual acts.
- Asking or coercing a minor to commit sexual acts, even if no physical contact occurs.
Soliciting a Minor with a Computer or Electronic Device
Florida handles solicitation of a minor differently when the solicitation involves the use of computers or other electronic devices. Under Florida Statute § 847.0135, it is illegal to use the internet or any electronic communication device to solicit a minor for sexual activity. If a person uses a computer, phone, or any other electronic service to engage in this behavior, they can be charged with a third-degree felony.
Solicitation through electronic means can take many forms, including:
- Social media platforms.
- Internet chatrooms.
- Instant messaging services.
- Text messaging.
- Classified ad websites, such as Craigslist.
In some cases, people are charged even when they solicit the parent or guardian of a child, believing they are arranging a sexual act with the minor. The law is clear that even if the alleged victim is not an actual minor, if the defendant believed they were soliciting a child, that is sufficient for charges to be filed.
Traveling to Meet a Minor
Florida law takes solicitation a step further when the accused travels to meet a minor after soliciting them online or via other electronic means.
If a defendant solicits a minor and travels any distance to meet with that person for the purpose of engaging in sexual activity, the charge is elevated to a second-degree felony.
This includes any type of travel—whether by car, plane, train, or even on foot—and applies regardless of whether the person traveled:
- Within Florida.
- Out of state.
- Into Florida from another location.
The consequences of traveling to meet a minor are severe, and charges can be filed even if the minor is not real, as long as the defendant believed they were communicating with a child.
What Defenses Do Not Apply to Solicitation Charges?
Florida law is strict regarding sex crimes involving minors.
Under Section 800.04(3), certain defenses are not allowed in cases involving solicitation or lewd acts with minors:
- Consent is not a defense: Even if the minor agreed to the act or solicitation, it is not a valid legal defense under Florida law.
- Ignorance of the victim’s age is not a defense: If the accused believed the victim was older or the victim misrepresented their age, this cannot be used as a defense in court.
Penalties for Solicitation of a Minor in Florida
Soliciting a minor is a felony offense in Florida, and the penalties depend on the age of the accused and the victim, as well as the circumstances of the crime.
Solicitation is a Second-Degree Felony
If the accused is 18 years or older and solicits a person under 16 years old, the offense is considered a second-degree felony, which is punishable by:
- Up to 15 years in prison.
- Fines of up to $10,000.
- Up to 15 years of probation, which can include restrictions such as not living near schools or working around minors.
What If I Have a Prior Sexual Crime Conviction?
If the accused has a prior conviction for lewd or lascivious conduct or similar sex crimes, they may face a first-degree felony charge, punishable by:
- Up to 30 years in prison.
- A fine of up to $10,000.
You Will Need to Register as a Sex Offender
In addition to prison time, individuals convicted of solicitation of a minor in Florida will be required to register as a sex offender. This carries long-term consequences, such as:
- Regular reporting to law enforcement about your whereabouts.
- Restrictions on where you can live, including prohibitions from living near schools, parks, or other areas where minors are commonly present.
- Public notification of your sex offender status, which can affect your ability to secure housing or employment.
Sex offender registration is often a lifelong requirement, and failing to comply with these restrictions can lead to additional criminal charges.
Possible Defenses Against Solicitation of a Minor Charges
If you are facing charges of solicitation of a minor, there are several defenses that a skilled attorney like Josef Mitkevicius may use to challenge the accusations. Each case is unique, and the strategy used will depend on the facts of the situation.
You Were Falsely Accused of Engaging a Minor
One of the most common defenses in these cases involves false accusations. In some instances, individuals may be wrongly accused of solicitation due to misunderstandings, malicious intent, or fabricated claims by the alleged victim or their family.
A thorough investigation by your defense attorney can help expose inconsistencies in the accuser’s story and reveal motives for making a false accusation.
You Were Trapped
Another viable defense is entrapment, which occurs when law enforcement officials induce or coerce someone into committing a crime they would not have otherwise committed.
In cases involving online solicitation, law enforcement agents sometimes pose as minors in chat rooms or social media platforms to catch offenders.
If it can be proven that law enforcement persuaded or manipulated the accused into soliciting a minor, the charges could be dismissed.
You Did Not Intend to Solicit a Minor
In many solicitation cases, intent is a critical factor. If the prosecution cannot prove that the accused intended to engage in sexual activity or solicit a minor, the charges may not hold.
For example, a casual or non-sexual conversation may be misinterpreted as solicitation, especially in online communication.
You Were Mistaken for the True Culprit
In some cases, the accused may have been wrongly identified as the perpetrator.
Mistaken identity can occur in online situations where multiple people use the same account or in cases where the accused did not have direct contact with the alleged victim.
An experienced defense attorney can challenge the identification process and introduce evidence that the accused was not involved in the crime.
The Prosecution Does Not Have Enough Evidence
The prosecution must prove beyond a reasonable doubt that the accused committed the crime.
In some cases, there may be insufficient evidence to support the charges.
For example, in cases involving online solicitation, the prosecution must demonstrate that the accused was indeed the individual communicating with the minor and intended to engage in illegal activity.
If the evidence is weak or circumstantial, the charges may be reduced or dismissed.
Why You Need an Experienced Solicitation of a Minor Lawyer
When facing charges as serious as solicitation of a minor, you need a knowledgeable and experienced defense attorney by your side.
Attorney Josef Mitkevicius of Mitkevicius Law, PLLC, has extensive experience defending clients against sex crime charges in Florida and understands the complexities of these cases.
He will work diligently to protect your rights and build a strong defense.
How Mitkevicius Law, PLLC, Can Help You
At Mitkevicius Law, PLLC, we understand the gravity of sex crime accusations and how they can affect your life.
We are committed to providing the best possible defense for our clients.
Attorney Josef Mitkevicius will:
- Thoroughly investigate the circumstances of your case.
- Gather evidence to challenge the prosecution’s claims.
- Identify weaknesses in the prosecution’s case.
- Explore potential defenses such as entrapment, false accusations, or lack of evidence.
- Negotiate with prosecutors to reduce or dismiss the charges, if possible.
Protect Your Future: Contact Mitkevicius Law, PLLC Today
If you are facing charges of solicitation of a minor in Florida, you cannot afford to wait. The consequences of a conviction are severe and can impact the rest of your life. Attorney Josef Mitkevicius is here to help you navigate the legal process, protect your rights, and work towards the best possible outcome.
Contact Mitkevicius Law, PLLC today at 850-361-2142 or use our online form