Florida law criminalizes the act of traveling any distance within, to or from the state for the purpose of engaging in illegal sexual conduct with a minor, following the use of electronic devices to seduce, solicit, lure, or entice the minor. It is a serious offense that carries a mandatory prison sentence. 

To secure a conviction under Florida Statute § 847.0135(4), the prosecution must establish several key elements:

1. Use of an Electronic Device — The defendant utilized a computer, online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to communicate.

2. Intent to Engage in Unlawful Sexual Conduct — During these communications, the defendant attempted to seduce, solicit, lure, or entice a person they believed to be under 18 years of age into engaging in illegal sexual activity. Notably, the actual age of the individual is irrelevant if the defendant believed they were communicating with a minor; thus, interactions with undercover officers posing as minors fall under this statute.

3. Travel with Intent — Following the electronic communication, the defendant traveled any distance, or attempted to travel, for the purpose of meeting the minor to engage in unlawful sexual conduct. This travel can occur entirely within Florida and does not require crossing state lines. Additionally, the statute covers situations where the defendant arranges for someone else to transport the minor or requests the minor's guardian to facilitate the meeting.

The penalties for violating the Florida statute are severe. The offense is classified as a second-degree felony, which is punishable by up to 15 years in prison, up to 15 years of probation and a fine of up to $10,000. The statute designates traveling to meet a minor as a Level 7 offense, mandating a minimum sentence of 21 months in prison. Furthermore, each separate use of an electronic device to communicate with the intent to commit this offense can be charged as an individual count, potentially leading to multiple charges and increased penalties. 

A conviction under this statute carries long-term consequences beyond imprisonment and fines. Individuals convicted of this offense are required to register as sex offenders, which imposes significant restrictions on their personal and professional lives, including limitations on residency, employment opportunities, and social interactions. Given the gravity of these repercussions, it is crucial for individuals accused of this crime to seek an experienced criminal lawyer to mount a robust defense.

Defending against charges under this statute involves challenging the prosecution's ability to prove each element beyond a reasonable doubt. For instance, if the defendant can demonstrate that their travel was for a lawful purpose unrelated to sexual activity, or that they did not initiate the solicitation but merely responded to an offer, these factors may undermine the prosecution's case. Additionally, entrapment defenses may be applicable, particularly in scenarios involving law enforcement sting operations where officers pose as minors to apprehend offenders. 

The Law Offices of Tad A. Yates, P.A. represents clients accused of sex offenses in Orlando and vicinity. To retain proven counsel, call today at 407-608-7777 or contact us online.