What You Must Know Before Saying Anything to Authorities

When someone contacts me because they have learned that law enforcement may be investigating them for internet sex crimes involving minors, the first and most important question is usually: Should I talk to police? My answer, given the stakes in these cases, is almost always the same: do not speak to law enforcement without legal counsel present. Anything you say, even seemingly innocent responses, can be used to build a case against you.

Florida internet sex crime investigations involving minors are among the most serious allegations someone can face. These matters trigger intense investigative scrutiny from local sheriffs, state attorneys, FBI agents, and prosecutors with specialized units. Once your name is on an investigative list, anything you communicate to officers, investigators, or prosecutors can be introduced as evidence in a criminal case.

As a Florida Internet Sex Crime Defense Attorney who has handled these investigations at every stage, I will explain:

  • what Florida law says about sex crimes involving minors

  • why law enforcement wants to talk to you

  • the dangers of speaking without counsel

  • how answering questions can hurt your defense

  • what defenses may apply

  • why private legal representation matters

  • how a real case unfolded where early attorney involvement changed the outcome

Understanding Florida’s Statutes on Internet Sex Crimes Involving Minors

Florida criminal statutes define and criminalize sexual offenses involving minors, especially when computers or electronic devices are used.

Relevant Statute Text (quoted verbatim)

Florida Statute § 847.0135(3)(a) states:

“A person who knowingly uses a computer online service, Internet service, local bulletin board service, or a device capable of electronic data storage or transmission to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to engage in any sexual conduct with the person or another, commits a felony of the third degree.”

Florida Statute § 800.04(5)(b) provides in part:

“A person who commits a lewd or lascivious offense upon or in the presence of a person under 16 years of age, or engages in explicit sexual conduct in the presence of a minor, commits a felony of the first degree.”

Statute Summary

In simple terms, Florida law makes it a criminal offense to:

  • use technology to communicate with a minor for the purpose of sexual activity

  • attempt to solicit or entice minors into sexual conduct

  • engage in explicit sexual acts or lewd behavior with minors

These statutes carry severe penalties, including long prison sentences, mandatory sex offender registration, probation requirements, and lifelong consequences.

Why Law Enforcement Wants to Talk to You

Investigators seek statements from individuals for several reasons:

  • to confirm identities

  • to fill gaps in digital evidence

  • to clarify ambiguous online messages

  • to obtain admissions of intent

  • to piece together timelines

  • to lock down jurisdiction

From a prosecutor’s perspective, a defendant’s words can be powerful evidence. Even denial can be used to argue consciousness of guilt if later contradicted by recorded data or witness statements.

Investigators may frame their request to speak with you as “helpful” or “informal,” but these conversations are seldom without consequence. Investigators are trained to seek incriminating information, and once a statement is made, it can be used in court.

The Dangers of Speaking Without Counsel

If you know you are under investigation, agreeing to speak with law enforcement without your attorney present can have the following risks:

  • misstatements can be used against you

  • casual explanations may be misconstrued as admissions

  • your words may fill gaps in otherwise incomplete evidence

  • law enforcement may question your intent

  • investigators may record interactions

  • you may unintentionally waive legal protections

Even contrived explanations or cultural language may be misinterpreted. Police and prosecutors are not neutral; they are building a case. Anything you say becomes part of the record.

Why You Should Not Answer Without an Attorney

You have constitutional rights that protect you:

  • the Fifth Amendment to the U.S. Constitution protects against self-incrimination

  • the Sixth Amendment guarantees the right to counsel

  • the Florida Constitution provides similar protections

Invoking your right to counsel before answering questions is not an admission of guilt; it is a constitutional safeguard. Law enforcement cannot penalize you for waiting until your attorney is present.

When I take a case early, I communicate with investigators on behalf of my client. This prevents unnecessary exposure and helps control what information is exchanged.

Common Defenses in Internet Sex Crime Investigations

The defenses in internet sex crime cases vary depending on the circumstances, but often include:

  • Lack of intent. Without proof that you intended to commit a sexual offense, charges may not stand. Unintended communications, misunderstanding slang, or innocent interactions may lack the required criminal intent.

  • Entrapment. If law enforcement used tactics that would induce an innocent person to commit a crime they otherwise would not have committed, that can be a defense.

  • Mistaken identity. In some cases, digital evidence may be attributed to the wrong person due to shared devices, spoofed accounts, or unsecured Wi-Fi.

  • Insufficient evidence. Investigators are sometimes unable to gather enough admissible evidence to meet the prosecutor’s burden of proof.

  • Procedural violations. Evidence obtained in violation of constitutional rights, such as unlawful searches or seizures, may be suppressed and excluded entirely.

Each defense strategy requires careful evaluation of facts, digital records, witness accounts, and procedural history.

Real Case Example From My Practice

A man was contacted by federal agents after a school district reported suspicious messages involving minors. The initial allegation was that he had used a social networking platform to exchange inappropriate communications. The client was advised by the agents to come in and “clear up any misunderstanding.”

Because he had not yet spoken with counsel, he was prepared to go in alone and explain his side. At my urging, he declined to speak until I reviewed the evidence. I obtained the communications, cross-checked timestamps, and confirmed that the messages were misinterpreted. The individual was communicating with what he believed were adults in a private gaming chat. Investigators had incorrectly labeled one of the handles as a minor based on a profile image.

We were able to show:

  • the account was not tied to a minor

  • no sexual intent was evident in the messages

  • no explicit content was exchanged

  • law enforcement misread context and slang

We presented this to prosecutors supported by expert testimony on online communication contexts. The charges were dismissed before indictment. Early representation prevented damaging statements and protected the client’s record.

Why You Need a Private Attorney in These Cases

Sex crime allegations involving minors are not just serious criminal charges; they carry lifelong consequences including:

  • mandatory sex offender registration

  • travel restrictions

  • employment barriers

  • loss of professional licenses

  • social stigma

  • difficulty with housing

A Florida Internet Sex Crime Defense Attorney provides:

  • immediate legal protection

  • shielded communication channels

  • strategic questioning of law enforcement assertions

  • review and challenge of digital evidence

  • motion practice to exclude unlawfully obtained evidence

  • development of defenses based on intent, identity, and context

Public defenders work hard, but they are often overwhelmed and have limited time to dig into complex digital evidence. A private attorney can commit the time and forensic resources needed to construct a strong defense.

Statutory Context Beyond the Internet Solicitation Law

In addition to § 847.0135, other relevant statutes may apply:

Florida Statute § 800.04 – Lewd or Lascivious Offenses

Relevant Statute Text (quoted verbatim):

Florida Statute § 800.04(5)(b) states:

“A person who commits a lewd or lascivious offense upon or in the presence of a person under 16 years of age, or engages in explicit sexual conduct in the presence of a minor, commits a felony of the first degree.”

Statute Summary

This statute criminalizes sexual behavior or depiction involving minors. It is broad and includes many acts that can arise from internet communications.

Florida Statute § 943.0435 – Sex Offender Registration

Relevant Statute Text (quoted verbatim):

Florida Statute § 943.0435(1) states:

“A person who has been adjudicated guilty of, or who has pled guilty or nolo contendere to, committing, or who has been convicted of, or who has entered a plea of guilty or nolo contendere to a lesser included offense of any of the offenses enumerated shall be required to register as a sexual offender.”

Statute Summary

If convicted, defendants are often required to register as a sex offender for many years or for life. This has collateral consequences well beyond the criminal sentence.

Florida Internet Sex Crime Defense FAQs

What should I do if law enforcement contacts me about a sex crime investigation?
Do not talk to them without counsel present. Politely decline and explain you will speak through your attorney. Anything you say can be recorded or used to create probable cause.

Can my words to police be used against me in court?
Yes. Statements appealing to sympathy, clarifications, or denials can be used by prosecutors to argue intent, consciousness of guilt, or admission of facts aligning with charges.

Is it true that silence can be used against me?
No. You have the constitutional right to remain silent until your attorney is present. Exercising that right cannot be used as evidence of guilt.

What happens if agents come to my home?
You are not required to let them in unless they have a valid warrant. Ask to see the warrant and read it carefully. Contact an attorney immediately.

Should I preserve my electronic records?
Yes. Do not delete any messages, chats, or files. Deleting can be construed as obstruction. Your attorney can preserve and review digital evidence.

Can text messages be used as evidence?
Absolutely. Messages, photos, and metadata from phones or social media platforms often form the backbone of sex crime allegations. An attorney can scrutinize whether evidence was obtained lawfully.

What defenses can apply in internet sex crime cases?
Defenses include lack of criminal intent, mistaken identity, unlawful search and seizure challenges, entrapment, and misinterpretation of colloquial or ambiguous communications.

Will I be on a sex offender registry if convicted?
Many convictions trigger mandatory registration under Florida law, which has serious impacts on employment, housing, and travel.

Can charges be reduced or dismissed?
Yes. With early legal intervention, improper investigations, misclassified evidence, and contextual misunderstandings can lead to charges being dismissed or reduced.

What happens at an arraignment?
At arraignment, charges are formally read, and you enter a plea. Your attorney can argue for bail conditions and begin early motions to protect your rights.

CALL Our Florida Internet Sex Crime Defense Attorney

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 internet sex crimes and other criminal offenses. 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.