Being charged with solicitation of a minor in Florida is one of the most serious criminal accusations a person can face. The allegations alone can damage careers, families, and reputations. The stakes include lengthy prison sentences, sex offender registration, strict probation terms, and lifelong consequences. I defend people accused of these charges across Florida, and I understand the fear and urgency you feel right now.

These cases often begin with online investigations, undercover sting operations, or phone and text message monitoring. Law enforcement may claim that messages, chats, or recorded conversations prove intent. That is only one side of the story. There are critical constitutional issues in these cases, including defective warrants, improper searches, flawed forensics, coercive police conduct, and situations where no actual minor ever existed.

A private defense attorney is essential because these cases move quickly and prosecutors begin preparing immediately. Evidence must be reviewed, warrants must be examined, and improper government conduct must be challenged as early as possible. My role is to protect your rights, fight for suppressed evidence when the state crossed the line, and pursue dismissals or reductions wherever possible.

Florida Law on Solicitation of a Minor

The primary Florida statute at issue in these cases is Florida Statutes Section 847.0135, often referred to as the “computer solicitation” statute. Rather than quoting lengthy statutory language, I will summarize it in clear terms for you.

Under this statute, the prosecution must generally prove that:

  • The accused used a computer, phone, internet, or electronic device, and

  • Intentionally contacted or attempted to contact someone believed to be a minor, and

  • Intended to solicit, lure, or entice that minor to commit unlawful sexual conduct

It is extremely important to understand something many people do not realize. In Florida, the person contacted does not need to be an actual minor. These cases often involve undercover detectives posing as minors online. That is why constitutional defenses and warrant challenges are so critical. Without lawful warrants, correctly preserved data, and credible police conduct, the state’s case can fall apart.

Penalties can include:

  • Felony conviction

  • State prison time

  • Sex offender registration

  • Probation with strict limitations

  • No internet access without approval

  • Lifetime consequences in employment and housing

A private defense attorney can evaluate whether each element of the crime can actually be proven with admissible evidence.

Defective Warrants Could Break the State’s Case

Many solicitation of a minor prosecutions depend on warrants. These may include:

  • Search warrants for homes

  • Search warrants for phones or computers

  • Warrants for cloud accounts or data storage

  • Warrants for online messaging platforms

  • Arrest warrants issued after sting operations

For a warrant to be valid, it must be supported by probable cause and must be specific. Law enforcement sometimes drafts overly broad warrants that attempt to seize everything from a person’s digital life without limitation. Other times, warrants rely on incorrect information, unreliable sources, or assumptions rather than facts.

As your Florida Solicitation of a Minor Defense Attorney, I carefully analyze:

  • Whether the affidavit supporting the warrant was truthful

  • Whether probable cause actually existed

  • Whether the warrant was overly broad

  • Whether officers exceeded the scope of the warrant

  • Whether data was searched before a warrant was issued

  • Whether evidence was preserved correctly

When a warrant is defective, the appropriate remedy is often suppression of evidence. If key digital evidence is excluded, the prosecution’s case may collapse.

You need a private attorney because public defenders are often overloaded and may not have the time or resources to dig into complex forensic and warrant issues in depth. Private representation allows for detailed investigation, expert consultation, and aggressive motion practice focused on your constitutional rights.

How “Sting Operations” Can Be Challenged

Many solicitation cases originate in undercover operations. Police departments may pose as minors in online chat rooms, social media platforms, forums, or dating applications. They initiate communication or respond to it, and conversations are recorded.

In these cases, the defense examines:

  • Who started the conversation

  • Whether officers encouraged or persuaded conduct

  • Whether officers escalated the conversation

  • Whether clear intent existed or assumptions were made

  • Whether officers followed agency guidelines

Florida law does not permit law enforcement to manufacture crimes by pressuring someone who had no predisposition. Claims of entrapment can be raised where government agents induced conduct that would not otherwise have occurred. This must be evaluated carefully and supported by evidence, but it is a powerful defense where appropriate.

Summary of Other Relevant Florida Statutes

Several related statutes may become relevant depending on the facts:

  • Unlawful use of a computer service

  • Transmission of harmful material to a minor

  • Traveling to meet a minor after solicitation

  • Possession of unlawful images

Every charge carries separate penalties and requirements. A private attorney evaluates not only the main solicitation accusation but also any companion charges. Strategic defense requires understanding how all counts interact and how negotiations or dismissals on one charge may affect the others.

The Importance of Intent in These Cases

Solicitation of a minor accusations involve more than just messages or words. The prosecution must show criminal intent. That means they must prove what was going on in the accused person’s mind. Digital communications can be misunderstood, taken out of context, or selectively presented.

Key questions include:

  • Were the messages jokes, fantasy, or role-play

  • Was there hesitation or refusal by the accused

  • Did the accused withdraw from the conversation

  • Was there intent to meet, or only conversation

  • Did law enforcement manipulate conversation direction

Intent is one of the most contested issues in these cases. Jurors are instructed to consider the full context, not isolated statements. A private defense attorney presents the full picture, not just the government’s selected excerpts.

Real Case Example I Handled

A client was accused in a sting operation where law enforcement posed as a minor online. My client was arrested after several weeks of messaging. The police executed a search warrant and seized his phone and computer, claiming they found incriminating chats.

I identified several key problems:

  • The search warrant affidavit relied on incorrect information

  • Officers searched data on the phone before obtaining a warrant

  • The chats showed the alleged “minor” initiated most sexual content

  • My client repeatedly expressed doubt about age

We filed motions to suppress based on the defective warrant and unlawful pre-warrant search. The court agreed that officers exceeded lawful limits before securing judicial authorization. Critical evidence was thrown out. Without those messages, the prosecution could not proceed on the primary charges, and the case was ultimately dismissed.

Results like this depend on aggressive motion practice and careful review of digital forensic evidence. This is one of many reasons private representation is essential in solicitation of a minor cases.

Common Defenses I May Raise in Solicitation of a Minor Cases

Depending on the facts of your case, defenses may include:

  • Defective warrants and unconstitutional searches

  • Evidence seized outside the scope of the warrant

  • Entrapment by law enforcement

  • Lack of intent

  • No actual minor involved

  • Unreliable digital forensics

  • Misidentification of the person using the device

  • Messages taken out of context

Not every case involves every defense, but every case deserves careful, individualized analysis. Prosecutors sometimes charge aggressively based on incomplete information. My job is to challenge that narrative and assert your constitutional rights.

Why You Need a Private Attorney Immediately

Solicitation cases involve digital evidence that may be altered, overwritten, or misinterpreted if not preserved correctly. Quick action allows a defense attorney to:

  • Demand preservation of electronic records

  • Obtain warrants, affidavits, and police reports promptly

  • Prevent destruction of exculpatory data

  • Secure forensic experts when needed

  • Prepare for early negotiations with prosecutors

Private counsel has the time and resources to work with forensic experts, review large volumes of messages and logs, and pursue aggressive suppression motions. Early involvement often makes the difference between prison and dismissal or reduced charges.

What You Should Avoid Doing Right Now

After being accused, it is harmful to:

  • Discuss the case with anyone but your lawyer

  • Message or call investigators

  • Attempt to delete data or accounts

  • Consent to searches without legal advice

  • Post about the case on social media

Anything you say can be used as evidence. A private attorney serves as your shield and voice during every stage of the process.

Florida Solicitation of a Minor Defense Frequently Asked Questions

What does solicitation of a minor mean in Florida?
Solicitation generally means encouraging, luring, or attempting to persuade a person believed to be a minor to engage in unlawful sexual conduct using electronic communication or other means. The prosecution must show intent and communication consistent with that purpose. Sometimes messages are misread or exaggerated. A defense attorney reviews the entire communication history rather than limited excerpts presented by law enforcement.

Can I be charged even if there was no real minor?
Yes. Florida allows prosecution even when the supposed minor is an undercover detective. The focus is on what the accused believed and intended. However, this also opens the door to defenses such as entrapment and government overreach. When officers aggressively encourage conduct or escalate conversations, it can affect whether the evidence is admissible and whether intent can be proven.

Do police need a warrant to search my phone or computer?
In most situations, yes. Phones and computers contain extensive private data. The United States Constitution and Florida law generally require a valid warrant supported by probable cause. If officers searched your device before getting a warrant or went far beyond what the warrant allowed, evidence may be suppressed. Suppressing that evidence can dramatically weaken or end the prosecution’s case.

What happens if the warrant in my case was defective?
A defective warrant can lead to suppression of evidence, and without digital evidence, many solicitation cases cannot continue. Defects can include lack of probable cause, false or misleading statements in the affidavit, or warrants that are overly broad. A private defense attorney carefully examines warrant applications and police conduct to identify these problems and file the appropriate motions.

Am I going to prison if I am convicted?
These charges carry serious felony penalties that can include prison time. However, outcomes vary widely depending on the strength of the evidence, criminal history, and whether constitutional violations occurred. Some cases result in reductions, alternative resolutions, or dismissal when the evidence is flawed. Having an attorney who challenges the case from the beginning greatly improves your chances of avoiding the harshest consequences.

Will I have to register as a sex offender?
Convictions for solicitation of a minor often require sex offender registration. Preventing conviction, negotiating reductions to different offenses, or achieving dismissal can avoid registration in some situations. This is one reason aggressive defense is crucial and must begin immediately.

What if the police pressured me into saying things I did not mean?
Coercion, persuasion, or manipulation by police officers can affect whether statements and chats are admissible in court. If officers initiated or escalated conversations, or if there was significant pressure involved, entrapment or involuntary statement issues may exist. These are complex defenses that require careful legal analysis and presentation to the court.

Should I talk to police or investigators to “clear things up”?
No. That is one of the most damaging mistakes people make. Anything said can and will be used against you and often makes the situation worse. Once represented, your attorney communicates on your behalf and protects your rights. Silence is not an admission of guilt. It is a constitutional protection.

Can my case be dismissed?
Dismissal is possible when evidence is suppressed, constitutional violations are proven, or the prosecution cannot establish intent. Even when dismissal is not available, charges are sometimes reduced to lesser offenses. Each case depends on its facts. My role is to pursue every lawful avenue to avoid conviction.

How soon should I hire a Florida Solicitation of a Minor Defense Attorney?
Immediately. The earliest stages are critical. Warrants must be reviewed, devices must be preserved, and protective motions must be filed. Private counsel allows rapid response and individualized attention. Waiting can harm the defense and limit available strategies.

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, the Florida Panhandle, and every county in Florida.