Cape Coral Online Solicitation of a Minor for Sex Defense Lawyers
Internet Sting Operations in Cape Coral, Florida, FL
In the state of Florida, "Solicitation of a Minor for Sex" is one of the most serious criminal charges to face. If an offender commits a sex crime against a child within 1000 feet of a school, state attorneys could enhance the punishments of that crime to include longer present sentencing and steeper monetary fines if the offender is convicted. Over the past several years, the Internet has become increasingly used by people to commit solicitation of a minor or another sex crime. Florida law enforcement along with state prosecutors responded by working with the Florida legislature to enact new laws and severe penalties for computer-related sex crimes. Our attorneys believe the laws and punishments are too harsh and open the door to the entrapment of innocent people. Law enforcement in Cape Coral has turned to "Internet sex sting operations "to send a clear message to all Florida residents that computer-related sex crimes will be treated as severely as homicide and sexual assault.
If you or a member of your family have been charged with sexual solicitation of a minor using the Internet, computer, or electronic device, contact Musca Law immediately to discuss your legal options and potential Defenses. Musca Law offers free consultations by telephone or in-office visits. Call 24/7 at 239-347-9225 or visit us at our local law office location at 923 Del Prado Blvd. S.unit 201, Cape Coral, FL 33990.
Internet Solicitation of a Minor Charge in Cape Coral
It is against the law in the state of Florida for an adult to meet a child after they have solicited the child for sexual acts. If an adult travels to meet with a minor after making a solicitation offer or if they have the intention of committing non-consensual or consensual sexual activity with a minor, the offender is facing a second-degree felony criminal charge. If the offender is convicted of second-degree felony Internet solicitation of a minor, he or she will receive up to 15 years in prison, mandatory sexual predator registration in Florida, and the national registry, along with steep monetary fines.
Internet Sting Operations in Cape Coral, Florida
Musca Law, we understand and are familiar with the tactics law enforcement officers use in online child solicitation sting operations. Our legal professionals have the experience essential to defend those who have been caught in an online child solicitation sting operation in Cape Coral, Florida.
What is an Internet Child Solicitation Sting Operation?
Internet sex sting operations, or also known as "sex stings, "are operations conducted by law enforcement and prosecutors designed to catch predators or sex offenders in acts violating the law while online. Sex Sting operations might include online prostitution, child pornography, and solicitation of a minor for sex criminal offenses. In Internet solicitation of a minor sting operation, law enforcement officers Will often pose as children, impersonate parents with children offering Illegal Sexual and counters with their kids, child pornography manufacturing, and many other sex crimes. The sex sting operations are usually carried out on social media, dating websites, Internet chat rooms, instant messaging apps, and other Internet platforms.
The perfect example of a child solicitation sting operation was the television show "To Catch a Predator, "which ran on national television and online for several years. Each episode showed adult men engaging with children on Internet chat rooms, soliciting the children for sex, and then arranging a meet-up to act out on the solicitation. When the suspects arrived at the agreed-upon time and place, the sexual predators were confronted then by the television show's host and law enforcement officers. Although some might say the television show was made for good television entertainment, others recognize the show destroyed many lives and lead to at least one suicide.
Online Child solicitation sting operations are conducted in the same manner as the popular television show. Law enforcement officers will pose as children and engage in chats with unsuspecting adults. In many of these circumstances, the conversations between the adult and the "child "progress to a sexual nature and may lead the offender to send who they believe to be a child explicit videos or photographs. As the "online relationship "between the child and the adult continues, at some point, The two will agree upon a place and time to meet for the purpose of engaging in sex or sexual acts. Not every Internet child sex solicitation Stang involves a meeting, but a lot of these cases do reach this stage. When the unsuspecting adult arrives at the agreed-upon place in time, law enforcement officers rush in and apprehend the supposed "offender. "
Using Sting Operations in Cape Coral
Law enforcement in the state of Florida has built a reputation for launching major undercover sting operations to capture adults looking online for children to engage in sexual activities. Since November 2019, please in Central Florida have arrested 17 men engaging with young children online. A few of the arrests were highly publicized, including a former middle school assistant principal in one case and two workers from Disney World.
Online shop solicitation stings I normally can find two a few large cities, but these operations are conducted throughout the state of Florida and across the nation. Our online child solicitation defense attorneys in Cape Coral, Florida, understand how law enforcement uses sting operations, how these operations are carried out, and our legal professionals know how to fight the charges. In many cases, police detectives involved in Internet sting operations illegally lure people into committing acts such as Internet Solicitation of a Minor for Sex. In many cases, those who would've not otherwise committed a crime were seduced, enticed, and lured by law enforcement to the point of committing a criminal offense. Many opponents to online sex crime sting operations, including our firm, believe law enforcement overstepped the bounds of their authority, leading to good people getting caught up in a bad situation.
If you or a loved one would have been LURD into an online solicitation of a minor sting operation, contact our dedicated Cape Coral Internet sting operation defense attorneys for your free case review. The attorneys at Musca Law will help you understand your legal options, protect your legal rights, and we can work hard to defend your freedom, reputation, and liberties when you retain our firm.
Criminal Charges and Penalties Associated with Online Solicitation Sting Operations in Cape Coral
There are many different types of criminal charges that stem from online sting operations. State prosecuting attorneys usually try to throw the book at the defendant by looking for every opportunity to add another criminal charge. It sex crime carries different punishments as prescribed under Florida law. In addition to penalties such as jail time or legal fines, most people convicted of a sex crime in Florida are required to register as a sex offender on both the national sex predator registry and Florida's sexual predator registry.
Solicitation of a Minor (Lewd and Lascivious Conduct) Criminal Charges in Cape Coral, Florida
Individuals are often charged with solicitation of minor or lewd and lascivious conduct when they are caught up in the Internet sting operation in Cape Coral, Florida. Under Florida statute section 800.04, lunar lascivious conduct includes soliciting a minor to engage in a lewd or lascivious act or intentionally touching a minor in a lewd or lascivious way.
Although Florida Statutes do not define the terms "lewd "and "lascivious," Florida's jury instructions explain that the words are interchangeable and mean and uncharted, last fall, sensual, or wicked.
Solicitation of a Minor or Lewd or Lascivious Conduct with a Minor is charged as third-degree Felonise or second-degree felonies in the state of Florida under state statute section 800.04. The actual criminal charge will depend upon the age of the defendant, the age of the victim, the criminal history of the offender, and the acts that have taken place that were illegal. If the defendant is is 18 years or older, the defendant will be charged with a second-degree felony that carries a prison sentence of up to 15 years in a $10,000 fine. If the defendant is under the age of 18, the crime is typically charged as a third-degree felony carrying a punishment of up to five years in prison plus a $5,000 fine.
Traveling to Meet a Minor for Sex in Cape Coral
It is a crime in the state of Florida for an adult to travel any distance and by any means, whether it's walking, taking a bus, or private auto, to meet a child for the purpose of engaging in any sexual activity. This crime is often perpetrated since the adult, and the child met online.
According to Florida Statute Section 847.0135, "traveling to meet a minor" includes:
- Causing another individual to travel.
- Attempting to cause another to travel to meet a child to engage in a sexual act.
- Attempting to travel.
The act of traveling to meet a minor with the intent of committing a sexual act usually follows acts of soliciting, learning, enticing, or seducing a minor to engage in sexual behavior by using online chat rooms, computer services, Internet service, bulletin service, and electronic device, or dating apps.
Florida criminal code does not require that a "real" minor be involved for this crime to be committed. Under Florida statute section 847.0135, it's a crime for an individual to solicit or travel to meet a minor for sex regardless of who is the offender speaking to is truly a minor or an adult. Also, it is not necessary that sexual acts take place to violate this law. This is the reason why an individual over the age of 18 may be arrested in In an Internet child solicitation sting operation, although the offender never actually communicated with a minor but an adult law enforcement officer.
"Traveling to Meet a Minor "is a second-degree felony punishable was up to a fine of $10,000 and up to 15 years in prison.
Solicitation of a minor using a computer or electronic device criminal charge in Cape Coral
According to Florida Statute Section 847.0135, a person may not use an electronic device with storage and transmission capabilities, a computer, or Internet service, or a bulletin board service, solicit, entice, or lore seduce a minor to engage in sexual conduct. This law also states that it is against the law to attempt to do the same.
Solicitation of a minor through an Internet service or computer is typically charged as a third-degree felony of the state of Florida. This crime is punishable with up to five years in prison and a $5,000 fine.
Lewd and Lascivious Battery Charges in Cape Coral
Under Florida section 800.04, an individual commits lewd and lascivious battery when he or she engages in sexual conduct with a minor who is between the ages of 12 and 15, or forces, encourages, or entices a child under the age of 16 to engage in sexual acts such as sadomasochistic abuse, bestiality, or prostitution.
Lewd and Lascivious Battery is usually charged as a second-degree felony in the state of Florida and is punished with up to $10,000 in monetary fines and up to 15 years in state prison. However, if the accused has any prior convictions on their record, those criminal charges could be elevated to a first-degree felony. Those previous charges would include:
- Traveling to meet a minor
- Sexual battery
- Computer Pornography
- The kidnapping of a minor involving sexual battery
- Lewd or Lascivious offense on a disabled or elderly person
- False imprisonment of a minor involving sexual battery
- Lewd or lascivious offenses involving children under the age of 16
A first-degree felony in Cape Coral, Florida, is punished by a prison sentence of up to 30 years and a fine of up to $10,000.
Child Pornography Charges in Cape Coral, Florida
Other associated sex crimes that often occur during a child sex solicitation sting operation in Cape Coral could include child pornography. Often, the offender will send explicit photos or videos of themselves or adults with children engaging in sexual conduct. The following are different child pornography crimes:
Distributing Child Pornography in Florida is against the law to knowingly advertise, distribute, sell, or disperse images or videos of children of an explicit or pornographic nature. Distributing child pornography is a second-degree felony in Florida, which includes a prison sentence of up to 15 years plus monetary funds of up to $10,000.
Manufacturing of Child Pornography - when an individual creates explicit photos or videos of children engaging in pornographic activities, he or she has committed the crime of manufacturing child pornography. Often times this charge is brought with "soliciting children for the purpose of creating pornographic material. "Manufacturing chopper Naga fee is a second-degree felony in the state of Florida and is punishable with up to a 15-year prison sentence and a fine of up to $10,000.
Possession of Child Pornography - The criminal charge of possessing child pornography is a third-degree felony in Florida. It is punishable with up to five years in prison and a monetary fund of no more than $5000.
Exposing a Minor to Pornography - It is a first-degree misdemeanor in the state of Florida for an individual to expose a minor to pornography such as explicit images or videos. The penalties for exposing a child to pornography include up to one year in jail plus a legal fine of no more than $1,000.
Florida Child Pornography criminal charges are often brought when adults are caught up in an Internet child solicitation sting operation. These types of sting operations lure individuals to sell or manufacture child pornography to undercover law enforcement officers.
Legal Defenses to Criminal Charges Stemming From Online Child Solicitation Sting Operations in Florida
There are several legal defenses made available to those who have been charged with an online sex crime. The most notable of all legal defenses include entrapment by law enforcement. This is because online six sting operations have the propensity for law enforcement to overstep their boundaries and actually lure innocent people into committing crimes that they would not ordinarily have committed outside of the sting operation. Other potential legal defenses include a lack of intent, insufficient evidence, or illegal search and seizure.
Entrapment Defenses in Cape Coral Child solicitation cases
Entrapment happens when police induce an individual to commit a criminal offense that that individual would've likely not committed. The entrapment defense has evolved primarily through past criminal trials and caselaw. Two competing tests exist to determine if the defendant was in traps: the objective and subjective tests. The objective test looks at the government's conduct in the case. Entrapment existed when the actions of police induced any law-abiding citizens to commit a crime. In the subjective test, the defendant's state of mind is examined to determine whether or not the defendant had a predisposition to commit the criminal offense they are accused.
Illegal Search and Seizure Defenses in Cape Coral Child Solicitation Cases
All citizens in the United States are protected from unlawful searches and seizures under the US Constitution's fourth amendment. When the law enforcement officer conducts a search or seizure without first obtaining a court sanction search warrant, the defense may motion the court to suppress any evidence obtained during the unlawful search and seizure. Without adequate evidence, the defense attorney will move for dismissal.
Free Case Review with Our Best Cape Coral Online Solicitation of a Minor Defense Attorney
If you or a family member have been accused or arrested for solicitation using the Internet, it's important that you speak with our best solicitation of a minor defense attorney in Cape Coral, Florida, as quickly as possible. Sex crimes are punished severely in Florida, but all sex crimes involving children are prosecuted to the full extent of the law. A conviction of a sex crime carries penalties that last a lifetime, including jail time, public humiliation, lifetime registration on both the Florida sexual predator registry and the national sexual predator registry, difficulty in obtaining work, and difficulty obtaining housing. Sex offenders are also prevented from being able to enter schools, public parks, theme parks, and many other places. To receive your free case review, call us 24/7 at 239-347-9225 or visit our law office located at 923 Del Prado Blvd. S. Unit 201, Cape Coral, FL 33990.
923 Del Prado Blvd S Unit 201
Cape Coral, FL 33990
Hours: Open now: Open 24 hours
Phone: (239) 347-9225
J3M5+QV Cape Coral, Florida