If you are reading this because you were accused of soliciting a minor online, you are probably feeling a mix of panic, confusion, and disbelief. One of the most common things I hear is, “I never met anyone,” or “Nothing actually happened in real life.” In Florida, that does not automatically protect you. These cases often start with messages, chats, social media apps, gaming platforms, or dating apps, and they can move fast from an online conversation to an arrest. The most important thing to understand is this, you can face serious sex crime charges involving minors based on allegations tied to communication alone, even if there was never a physical meeting.

Florida treats these allegations as high priority, and law enforcement agencies often run undercover operations designed to identify, monitor, and arrest people they believe are attempting to engage in illegal conduct. Many cases involve sting operations, digital evidence collection, and immediate seizure of devices. That is why you need a private defense lawyer early, not after you have already spoken to investigators, not after your phone has been searched, and not after your case has been discussed with friends or family.

I want you to know something right away, there is a difference between being accused and being proven guilty. These cases are defensible, but you only get one chance to control the early damage. What you do in the first 24 to 72 hours matters more than most people realize.

Why Florida Can File Solicitation Charges Without Any In-Person Meeting

A major reason these cases feel so shocking is that people assume the law only punishes physical conduct. Florida law does not work that way when it comes to solicitation involving minors. The legal system is designed to stop conduct before it happens, and prosecutors often argue that messages, intent, and planning steps are enough to support charges.

In many investigations, the government claims that:

  • You believed you were communicating with a minor.

  • You discussed sexual topics or made sexual requests.

  • You attempted to arrange contact, meet up, or continue communication.

  • You took a step toward carrying out what was discussed.

Even if no meeting ever occurred, the prosecution may still claim there was an attempt or solicitation based on what was written or said.

This is where a private defense lawyer becomes essential. The state’s case often looks strong on paper because they cherry-pick messages and present them in the worst possible light. My job is to challenge the context, the intent, the identity issues, and the reliability of the evidence.

Common Florida Charges in Online Solicitation of a Minor Cases

Florida uses multiple statutes to prosecute sex crime allegations involving minors. Prosecutors may file one charge or stack several charges at the same time. The wording of the charge matters because it affects potential penalties, defenses, and long-term consequences.

Below are some of the most common statutes used in these cases.

Florida Statute Section 847.0135, Computer Pornography and Traveling to Meet a Minor

Florida Statute Section 847.0135 is one of the most common laws used when police claim someone used a computer, phone, or internet service to communicate with a minor for sexual purposes. It is also frequently used in undercover sting operations.

This statute covers conduct that can include:

  • Using online communication to solicit or encourage a minor to engage in illegal sexual conduct.

  • Attempting to lure a minor into illegal sexual conduct.

  • Traveling or attempting to travel to meet a minor after certain communications.

Even if you never met anyone, prosecutors may still try to file charges under this law if they claim the messages show solicitation or enticement.

Florida Statute Section 800.04, Lewd or Lascivious Offenses

Florida Statute Section 800.04 covers several offenses involving minors. In some cases, prosecutors attempt to use this statute when they claim the messages involved unlawful sexual content or requests.

The details matter. A private defense lawyer can review whether the facts actually match the statute and whether the state is overcharging the case.

Florida Statute Section 794.011, Sexual Battery

In more severe cases, prosecutors may try to connect allegations to Florida Statute Section 794.011. Many people hear this statute and immediately assume the worst. The truth is, not every solicitation case involves this statute, but prosecutors may reference it when arguing intent or seriousness.

Florida Statute Section 777.04, Criminal Attempt, Solicitation, and Conspiracy

Florida Statute Section 777.04 is important because it covers attempt and solicitation. This is often how the state argues, “You did not meet anyone, but you attempted to commit the crime,” or “You solicited the crime.”

This statute can be used to support charges even when there is no physical contact.

Federal Charges Can Also Apply, Even If the Arrest Happens in Florida

Many people do not realize that Florida solicitation cases can turn into federal cases. This often happens when:

  • The investigation involves interstate communications.

  • The platform is based outside Florida.

  • Federal agencies are involved, such as the FBI or Homeland Security.

  • The government claims certain content or conduct triggers federal jurisdiction.

Federal cases can involve harsh sentencing exposure and long-term supervision consequences. If your case has any federal angle, you need a defense lawyer who understands how state and federal investigations work together.

The Truth About Undercover Sting Operations in Florida

A large number of online solicitation cases are created through sting operations. In these cases, the “minor” may not be a real minor at all. Instead, the person on the other end may be:

  • A law enforcement officer.

  • A task force investigator.

  • A confidential informant working with police.

The goal of many stings is to generate messages that can be used as evidence. Investigators often push conversations toward sexual topics, ask leading questions, and steer the chat toward meeting plans.

That is why I take these cases apart line by line. A private attorney can examine whether law enforcement:

  • Induced the conversation.

  • Escalated the content.

  • Created a situation that would not have happened otherwise.

  • Misrepresented identity and age in a confusing way.

Sting cases are not automatic convictions. They are often the most defensible cases, but only if you fight early and intelligently.

What Prosecutors Use as Evidence When There Was No Meeting

When there is no real-life meeting, the prosecution usually relies on digital evidence. This is where many cases are won or lost.

Common evidence includes:

  • Chat logs from apps and websites.

  • Text messages and call logs.

  • Screenshots taken by police.

  • Social media messages and direct messages.

  • Photos, videos, or shared files.

  • Location data, GPS, and cell tower records.

  • Device search results.

  • Search history and browser history.

  • Payment records tied to app subscriptions.

A private defense lawyer does not accept digital evidence at face value. I look for flaws such as:

  • Missing parts of the conversation.

  • Edited screenshots instead of full exports.

  • Messages taken out of order.

  • Multiple users on the same device.

  • Shared accounts or hacked accounts.

  • Problems with authentication and identity.

Digital evidence can be misleading, and prosecutors know juries react emotionally to these allegations. Your defense must be built with precision.

How Device Seizures and “Consent Searches” Hurt People Immediately

One of the most dangerous moments in these cases is the initial contact with police. Many people think cooperating will help. In reality, cooperation often gives law enforcement what they need to build the case.

Police may ask for:

  • Your phone password.

  • Your consent to search your device.

  • Your consent to search your home.

  • A “quick look” at your messages.

If you agree, you may unintentionally hand them the evidence they need. Even worse, you may give them access to private information that has nothing to do with the allegation but can still be used against you.

A private attorney steps in to:

  • Stop questioning immediately.

  • Prevent unnecessary consent searches.

  • Challenge warrants and search methods.

  • Push back against overbroad phone downloads.

These cases often rise or fall based on how the evidence was collected.

What “Intent” Means in a Florida Solicitation Case

Intent is the battlefield in these cases. The state will argue that the messages show you intended to commit a crime. The defense may argue that:

  • You did not believe the person was a minor.

  • The conversation was roleplay or fantasy.

  • The messages were misunderstood or exaggerated.

  • You never formed criminal intent.

  • You stopped communication and did not take steps toward meeting.

Intent is not proven just because something looks bad in a screenshot. Intent must be proven beyond a reasonable doubt, and that is where a private defense lawyer can create reasonable doubt.

Defenses That May Apply in Florida Online Solicitation Cases

Every case is different, but there are defense strategies that frequently apply. The key is choosing the right strategy based on evidence, law enforcement conduct, and how the case was charged.

Lack of Intent or No True Criminal Purpose

Not every inappropriate message equals a criminal offense. The state must prove intent. If intent is weak or inconsistent, the case becomes far more defensible.

No Belief the Person Was Underage

If the conversation never clearly established age, or the “minor” gave conflicting information, the defense can challenge the state’s theory.

Entrapment

Entrapment can apply when law enforcement induces someone to commit a crime they were not predisposed to commit. These cases require careful analysis of the full conversation, not just selected excerpts.

Illegal Search and Seizure

If police searched a phone, computer, or cloud account without a proper warrant, the defense can file motions to suppress evidence.

Authentication Problems, Who Was Actually Messaging?

Prosecutors must prove you were the person sending the messages. If the account was shared, hacked, or accessed by someone else, identity becomes a serious defense.

Misleading or Incomplete Evidence

Screenshots are not the same as full data exports. Missing messages can change the meaning of a conversation. A private defense lawyer demands the complete records and challenges unreliable evidence.

No Substantial Step Toward a Crime

In attempt-style charges, prosecutors must show a substantial step toward committing the offense. If there was no travel, no meeting, and no concrete action, the defense can argue the case is based on speculation.

What Are the Penalties for Solicitation of a Minor in Florida?

Penalties depend on the statute charged, the alleged age of the minor, and whether prosecutors claim travel, attempted travel, or additional conduct.

Consequences can include:

  • Felony convictions.

  • Prison or jail time.

  • Long probation terms.

  • Sex offender registration requirements.

  • Internet restrictions and monitoring.

  • No-contact orders.

  • Loss of employment opportunities.

  • Immigration consequences for non-citizens.

  • Loss of professional licenses.

  • Permanent reputation damage.

Even if you avoid prison, the collateral damage can follow you for life. That is why your defense strategy must focus on both the charge and the long-term consequences.

A Real Case Example, How I Won an Online Solicitation Case Without Any Meeting

A client came to me after being arrested in a sting operation where police claimed he believed he was chatting with a 15-year-old. The messages were explicit, and the state filed serious felony charges. The client never met anyone, never traveled to any meeting location, and never exchanged any money, but law enforcement seized his phone and tried to build the case through selective screenshots.

Here is what I did immediately:

  • I demanded the full chat logs, not partial screenshots.

  • I examined the timing of the messages and the officer’s prompts.

  • I reviewed how the “minor” introduced age and whether it was clear.

  • I challenged the search methods used to access private device content.

The turning point came when we showed that law enforcement repeatedly pushed the conversation into sexual content and introduced the idea of meeting. The messages were not as one-sided as the screenshots made them appear. We also identified gaps in the chat records and inconsistencies in how the state claimed the conversation unfolded.

Result, the case was resolved without a conviction for the most serious charge, and the outcome protected my client from the worst long-term consequences.

That is what private defense work looks like. You do not win these cases by hoping the court understands. You win by forcing the state to prove every detail and by challenging every weakness in the evidence.

What You Should Do Right Now If You Are Under Investigation

If you believe you are being investigated, or if you have already been arrested, here are the steps I want you to take immediately:

  • Do not talk to law enforcement without counsel.

  • Do not consent to a phone search.

  • Do not try to “explain” your messages to investigators.

  • Do not delete anything, deletion can create new charges.

  • Do not contact the alleged person again.

  • Do not discuss your case in texts or calls, even with friends.

  • Hire a private attorney who handles these cases in Florida.

The sooner your defense begins, the more options you may have.

Florida Sex Crime Defense FAQs

Can I be charged with solicitation of a minor in Florida based only on messages?
Yes. Florida prosecutors often file solicitation-related charges based on messages, chat logs, and alleged intent, even if there was never an in-person meeting. The state may argue that explicit communications, requests, or planning steps are enough to support a charge. The defense often focuses on intent, identity, context, and whether the evidence was collected legally. If the case involves an undercover officer, the defense may also examine whether law enforcement pushed the conversation in a way that creates legal issues.

What if the “minor” was actually an undercover police officer?
That is common in Florida sting cases. Even if there was no real minor, prosecutors may still file charges based on what they claim you believed. These cases can be defensible because the evidence is created by law enforcement, and the full conversation matters. A private defense lawyer can review whether the officer escalated the content, used leading statements, or created confusion about age. Your attorney can also challenge the reliability of screenshots and the completeness of chat records.

Can police search my phone in a solicitation investigation without a warrant?
In many situations, police need a valid warrant to search your phone, especially for a full forensic download. However, law enforcement often tries to get consent. If you give your password or agree to a search, that can remove important legal protections. If a search was done improperly, your attorney may file a motion to suppress evidence. Suppression can weaken the case significantly and may lead to reduced charges or dismissal.

What is entrapment in a Florida solicitation sting case?
Entrapment is a defense that may apply when law enforcement induces someone to commit a crime they were not predisposed to commit. In solicitation stings, entrapment arguments often focus on how the conversation began, who introduced sexual topics, and whether the officer repeatedly pushed the discussion into illegal territory. These cases are fact-specific, and the defense requires careful review of the entire chat log. A private attorney can identify whether entrapment is a realistic defense in your situation.

What if I never agreed to meet anyone?
That can matter. While Florida can file charges based on communication alone, the lack of meeting plans or a lack of a substantial step toward meeting can strengthen the defense. Prosecutors often try to frame vague statements as planning, but that does not always hold up under scrutiny. A private attorney can argue that the evidence shows no concrete action, no travel, and no real attempt, which may support reduction or dismissal depending on the charge.

Can I get probation for solicitation of a minor in Florida?
Some cases resolve with probation, but the outcome depends on the charge, the alleged facts, and the county. Many solicitation-related charges are felonies and can carry prison exposure. Judges also consider prior history, alleged communications, and whether prosecutors claim the case involved travel or coercion. Even when probation is possible, the conditions can be strict and life-changing. A private defense lawyer can fight for reduced penalties, alternative resolutions, or a charge that avoids the worst long-term consequences.

Will I have to register as a sex offender if convicted?
Sex offender registration may be required for certain convictions involving minors, and it can affect housing, employment, and daily life for years or permanently. Not every case leads to registration, but many do. This is one of the biggest reasons you need a private attorney early. Your defense strategy should be built with the goal of avoiding a conviction that triggers registration whenever possible.

What if someone else used my phone or account to send the messages?
Identity is a real defense issue in many cases. Prosecutors must prove that you were the person who sent the messages. If your account was hacked, shared, or accessed by someone else, that can create reasonable doubt. Your attorney can examine IP logs, device access history, and authentication records. A strong defense may also involve forensic review of the device and the account.

Can I be charged if I thought the conversation was roleplay or fantasy?
It depends on the facts and what was actually communicated. Prosecutors often argue that the content shows criminal intent, while the defense may argue there was no intent to commit a real-world offense. Context matters, including how age was presented and whether the conversation included real plans. A private attorney can analyze whether the state can prove intent beyond a reasonable doubt, and whether the conversation supports a defense theory.

What should I do if I am contacted by police about solicitation allegations?
Do not answer questions, do not explain, and do not hand over your phone. Be polite, but assert your right to remain silent and ask for a lawyer. Many cases become harder to defend because people talk themselves into charges or consent to searches. The smartest move is to hire a private defense lawyer immediately so your attorney can take over communication and protect your rights from the beginning.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

If you are under investigation or have already been arrested for solicitation allegations involving a minor, do not wait for the situation to get worse. The faster you hire the right defense team, the more options you may have to fight for reduced charges, reduced penalties, or dismissal.