When an individual solicits a minor on the Internet with the intention of meeting that minor in person, it is a very serious situation. Even in instances where an individual engages in conversations online with a minor but does not intend to actually meet with him or her, state or federal authorities may investigate and attempt to charge the individual with solicitation of a minor. At Adams, Luka, & Benton, our Orlando sex crime attorneys understand the serious consequences you will face if convicted. Our top priority is protecting your legal rights and freedom, and providing you with the legal guidance and support you need during one of the most difficult, frightening times in your life.
You may be hesitant to contact a defense lawyer, particularly if you are under investigation and have not been charged. The fact is, the sooner you seek legal assistance, the more likely a favorable outcome will be. Your attorney will begin to work on your case immediately, working to determine whether your legal rights may have been violated, illegal search/seizure performed, and other facts which could affect the outcome of your case.
Under Florida State Statute 847.0135, using a computer for the purpose of meeting a minor for sexual activity is illegal. This statute, also referred to as the Computer Pornography and Child Exploitation Prevention Act, leaves those who are arrested for solicitation of a minor facing an uncertain future. For the best possible chance of avoiding prison time and substantial fines, it is imperative that you work with a capable solicitation to meet a minor lawyer in Orlando immediately.
Defenses to Charges of Solicitation to Meet a Minor in FloridaThere are various defense strategies which may prove effective in defending charges of solicitation of a minor, depending on the facts of the case. These include:
These defenses are commonly used in the pretrial and trial stages, however the following may also be effective in defending against a conviction:
Entrapment - law enforcement or government agents may "entrap" someone and cause a person to commit a crime who would not otherwise have done so. For instance, a government agent may act as a minor child on the other side of the equation, inducing the person being investigated to commit the crime of solicitation of a minor. It will then be for the court to determine if the defendant was predisposed to commit the offense.
Lack of solicitation, enticement, luring, or seduction - one of the most important elements for proving a person committed solicitation of a minor using a computer is that the individual accused solicited, enticed, or in some way seduced the minor, or individual believed to be a minor, to participate in an illegal sexual act. If a defendant does not actually engage in enticement, luring, seduction, or soliciting, he or she cannot be found guilty of the offense.
Criminal Penalties for Solicitation of a Minor in Orlando & Central FloridaWhen an adult (anyone over 18 years old) solicits a minor (anyone under 18 years old) via the Internet for engaging in sexual activity, the adult may be charged with a third-degree felony that may result in five (5) years in prison for every solicitation made if convicted. In addition, those who actually travel to meet a minor solicited online, whether the distance is a few miles or across state lines, may face second-degree felony charges resulting in a maximum of 15 years in prison. Individuals who are found guilty of various sex crimes are also frequently required to register as sex offenders upon their release from prison as well. Anyone convicted of solicitation of a minor may also be fined up to $500. Repeat offenders may face enhanced or increased penalties.
Contact Adams, Luka, & Benton ImmediatelyAnyone who has been arrested or is under investigation for solicitation to meet a minor must secure the legal support of a seasoned Orlando criminal defense lawyer at once so that action can be taken to protect your freedom and legal rights. At Adams, Luka, & Benton, we know that innocent people are often accused of crimes they did not commit. Take action in your own defense now, and call us at (407) 872-0307 or (352) 787-2101 for a free consultation.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.