Solicitation of a Minor Via Computer in Miami
A Former Prosecutor’s Insight into Online Solicitation Allegations
Online solicitation allegations often turn on the meaning of electronic conversations, the accused person’s intent, and what that person believed about the recipient’s age. At Law Office of Armando J. Hernandez, P.A., we examine those issues and dedicate our time, efforts, and resources to each defense. Clients receive direct communication and ongoing case updates.
Attorney Armando J. Hernandez has more than 20 years of experience in Florida criminal law. His prior service as a prosecutor at the Miami-Dade State Attorney’s Office gives him insight into how the state evaluates evidence, builds charges, and approaches negotiations in serious criminal cases.
If you’re under investigation or have been arrested, call (305) 400-0074 to discuss the allegation and the next stage of your case.
Florida’s Online Solicitation Law
Fla. Stat. § 847.0135(3) prohibits knowingly using an online service, Internet service, local bulletin board service, computer, or another electronic device to seduce, solicit, lure, entice, or attempt to entice a child into unlawful sexual conduct. The law also applies when the recipient is someone the accused believes to be a child.
An actual child doesn’t have to be involved for the state to bring a charge. Investigations frequently involve an undercover officer posing as a minor through electronic communications. The statute also covers attempts to persuade a parent, legal guardian, custodian, or person believed to hold one of those roles to consent to a child’s participation in prohibited conduct.
The prosecution must establish every statutory element beyond a reasonable doubt, including knowing conduct and a connection between the communications and the activity described by the statute. A message can’t be evaluated only by its most damaging phrase when the surrounding exchange affects its meaning.
Felony Penalties & Registration Consequences
A violation of Fla. Stat. § 847.0135(3) is generally a third-degree felony. This level of offense can carry up to five years in prison and a fine of up to $5,000 under Florida’s general felony sentencing laws. The sentence in an individual case depends on the applicable law, sentencing scoresheet, record, and facts.
Misrepresenting one’s age while committing the offense elevates the allegation to a second-degree felony. Traveling or attempting to travel to engage in unlawful sexual conduct with a child after electronic solicitation is a separate offense at the same felony level under Fla. Stat. § 847.0135(4). The evidence must be examined carefully to distinguish an online allegation from a separate travel charge.
A conviction under Fla. Stat. § 847.0135(3) requires registration as a sex offender under Florida law. Registration can also trigger restrictions beyond the criminal sentence. In Miami-Dade, the Lauren Book Child Safety Ordinance imposes certain residency restrictions within 2,500 feet of a school on people covered by the ordinance.
Defense Issues in Electronic Solicitation Cases
The available defense depends on the complete record rather than one isolated message. Investigators may rely on chats, device contents, and account records. We examine how the communications were obtained, whether the records are complete, and whether the evidence can be attributed to the accused.
Important issues can include:
- Criminal intent: Whether the state can prove the accused knowingly engaged in conduct prohibited by the statute and intended the activity it prohibits.
- Belief about age: Whether the communications establish that the accused believed the recipient was a child.
- Context and authenticity: Whether account records, device data, and the full conversation support the prosecution’s interpretation.
- Entrapment: Whether law enforcement went beyond providing an opportunity and induced the alleged offense.
Entrapment isn’t established merely because an undercover officer initiated contact or posed as a minor. The officer’s conduct and evidence of predisposition both matter. Predisposition concerns whether the person was already willing to engage in the conduct before government involvement.
How a Miami Online Solicitation Case Moves Forward
Representation can begin before prosecutors file a formal charge. During a pre-file investigation, we may identify exculpatory material and present it to the State Attorney’s Office in pursuit of a No Action decision, which means prosecutors decline to file a charge.
Before and after a filing decision, our work may include:
- Addressing contact with investigators
- Preserving electronic evidence
- Addressing bond conditions and developing court obligations
- Conducting discovery and depositions, including the exchange and review of evidence and sworn testimony taken before trial
- Representing clients during bond hearings
- Handling protective-order hearings and pretrial hearings
- Preparing for and conducting a trial
Felony cases proceed through Miami-Dade Criminal Court, with many hearings held at the Richard E. Gerstein Justice Building. Court dates and release conditions require close attention throughout the case. We keep clients informed as evidence is received, motions are considered, and proceedings advance.
Some sex crime cases may also involve proceedings under Florida’s Jimmy Ryce Act. This law creates a civil commitment process for certain people who may qualify as sexually violent predators after completing a criminal sentence. We address that issue when it applies to the circumstances of a case.
Discuss the Allegation in a Free Consultation
We provide free consultations for sex crime cases, including consultations with family members seeking immediate guidance for someone who has been arrested. Spanish-language services are available. Our contact form provides another way to share information about an online solicitation allegation.
Call (305) 400-0074 now to speak with our criminal defense firm about the investigation, charge, or upcoming court proceeding.
