Traveling to Meet a Minor
Traveling to Meet a Minor
South Florida Criminal Defense AttorneyLet Alan S. Bernstein, P.A., handle your criminal defense.Free consultation – call 954-925-3111 or 954-347-1000 on evenings and weekends
Traveling to Meet a Minor Defense
Experienced Palm Beach County, Broward, and South Florida Criminal Defense for Florida Statute 847.0135(4) Charges
Free Confidential Consultation
Facing These Charges? Time Is Critical.
A charge under Florida Statute 847.0135(4) is a serious felony that carries severe penalties including mandatory sex offender registration. Early intervention by an experienced defense attorney can make a significant difference in the outcome of your case. Contact our office immediately for a confidential case evaluation.
Understanding the Charge
Florida Statute 847.0135(4), commonly known as "Traveling to Meet a Minor" or "Computer Solicitation of a Minor," criminalizes the act of traveling or attempting to travel within Florida, to Florida, or from Florida to meet a minor after using a computer or electronic device to solicit the minor for unlawful sexual activity.
These cases often arise from online sting operations conducted by law enforcement agencies or in collaboration with civilian "predator catcher" groups. It is crucial to understand that the state must prove specific elements beyond a reasonable doubt, and there are often substantial legal and constitutional defenses available.
What the State Must Prove
To secure a conviction under F.S. 847.0135(4), the prosecution must establish each of the following elements beyond a reasonable doubt:
-
The defendant used a computer, online service, or internet device to seduce, solicit, lure, or entice a person believed to be a child to commit an unlawful sexual act;
-
The defendant then traveled or attempted to travel to meet the person; and
-
The defendant did so with the intent to engage in unlawful sexual conduct with a minor.
Full Statutory Text: F.S. 847.0135:
847.0135 Computer pornography; prohibited computer usage; traveling to meet minor; penalties.—
(1) SHORT TITLE.—This section shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act."
(2) COMPUTER PORNOGRAPHY.—A person who:
(a) Knowingly compiles, enters into, or transmits by use of computer;
(b) Makes, prints, publishes, or reproduces by other computerized means;
(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or
(d) Buys, sells, receives, exchanges, or disseminates,
any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, 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 otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or
(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.
(4) TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or
(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.
(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.
(6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.
(7) STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child's guardian, or another person believed by the person to be a child or a child's guardian.
(8) EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.
History.—s. 11, ch. 86-238; s. 213, ch. 91-224; s. 71, ch. 96-388; s. 3, ch. 2001-54; s. 5, ch. 2007-143; s. 4, ch. 2008-172; s. 7, ch. 2009-194.
Potential Penalties
The penalties for a conviction under this statute are severe and life-altering. Understanding what you face underscores the importance of mounting an aggressive defense.
Criminal Classification
Second-Degree Felony
This offense is classified as a second-degree felony under Florida law, placing it among the more serious criminal charges in the state.
Prison Sentence
Up to 15 Years
A conviction can result in up to 15 years in Florida State Prison, with judges having discretion within sentencing guidelines.
Probation
Up to 15 Years
In addition to or in lieu of prison, courts may impose up to 15 years of sex offender probation with strict conditions.
Sex Offender Registration
Mandatory Lifetime
A conviction requires mandatory registration as a sex offender, with all the associated restrictions on residence, employment, and daily life.
Collateral Consequences
Beyond the direct criminal penalties, a conviction carries devastating collateral consequences that affect every aspect of your life: permanent damage to your reputation and relationships, loss of professional licenses and career opportunities, restrictions on where you can live and work, immigration consequences for non-citizens, and the lasting stigma that follows sex offender registration.
Defense Strategies
Every case is unique, and an effective defense requires careful analysis of the specific facts, evidence, and circumstances involved. The following are among the defense strategies that may be applicable to your case:
Entrapment Defense
Florida recognizes both subjective and objective entrapment defenses. If law enforcement or their agents induced you to commit an offense you were not otherwise predisposed to commit, or if their conduct fell below acceptable standards and would have induced a law-abiding person to commit the offense, you may have a valid entrapment defense. This is particularly relevant in sting operations where overly aggressive tactics were employed.
Lack of Intent
The state must prove you had the specific intent to engage in unlawful sexual conduct with a minor. Evidence that you did not intend to actually meet anyone, that you believed you were communicating with an adult, or that your communications were misinterpreted can negate this essential element.
Constitutional Violations
Law enforcement must respect your constitutional rights throughout an investigation. Illegal searches, improper seizure of electronic devices, Miranda violations, or other constitutional infringements can result in suppression of evidence or dismissal of charges.
Challenging the Evidence
Digital evidence must be properly preserved, authenticated, and analyzed. We scrutinize chat logs, metadata, device forensics, and other electronic evidence for inconsistencies, manipulation, or chain of custody issues that may undermine the prosecution's case.
Problems with Sting Operations
Many of these cases involve sting operations conducted by law enforcement or in conjunction with civilian vigilante groups. These operations often present significant legal issues, including a lack of proper oversight, destruction or spoliation of evidence, inconsistent record-keeping, and tactics that cross the line into entrapment.
Factual Disputes
We thoroughly investigate the facts of your case to identify weaknesses in the prosecution's narrative. Did you actually "travel" as defined by the statute? Were the communications actually solicitations? Was there a genuine belief that a minor was involved? These factual questions can be decisive.
Why Choose Our Firm
Defending against charges under F.S. 847.0135(4) requires an attorney with specific experience in these complex cases. Our firm brings focused expertise in several critical areas.
We have extensive experience handling internet-based criminal cases and understand the technical aspects of digital evidence, online communications, and the investigative methods used by law enforcement. We know how these sting operations are conducted, where they commonly go wrong, and how to identify constitutional and procedural violations that can benefit your defense.
Our approach involves thorough investigation and preparation. We obtain and meticulously review all discovery materials, including chat logs, audio and video recordings, police reports, and electronic evidence. We depose key witnesses, consult with technical experts when appropriate, and leave no stone unturned in building your defense.
We understand that facing these charges is overwhelming and frightening. Our firm provides compassionate, non-judgmental representation while fighting aggressively to protect your rights and your future.
The Legal Process
1. Arrest & Initial Appearance
Following arrest, you will appear before a judge for bond determination. Having an attorney present at this stage can significantly impact bond conditions.
2. Discovery & Investigation
We obtain all evidence the state intends to use, conduct our own investigation, and identify weaknesses in the prosecution's case.
3. Pre-Trial Motions
We file strategic motions to suppress illegally obtained evidence, challenge the sufficiency of the charges, or raise other legal defenses.
4. Negotiations & Resolution
Depending on the evidence and circumstances, we explore all options including dismissal, reduction of charges, or favorable plea agreements when appropriate.
5. Trial
If your case proceeds to trial, we present a compelling defense before a jury, challenging every element the state must prove.
Frequently Asked Questions
I was talking to an undercover officer, not an actual minor. Can I still be charged?
Yes. Florida law specifically provides that it is not a defense that the person you were communicating with was actually an adult, including a law enforcement officer. The statute criminalizes solicitation of a person "believed to be" a minor. However, this does not mean you are without defenses—entrapment, lack of intent, and other strategies may still apply.
I was talking to an vigilante, not an actual minor. Can I still be charged?
Yes. Florida law specifically provides that it is not a defense that the person you were communicating with was actually an adult, including a vigilante. The statute criminalizes solicitation of a person "believed to be" a minor, not just if they are in-fact a minor. However, this does not mean you are without defenses—entrapment, lack of intent, due-process violations defenses, and other strategies may still apply. * We are presently involved in and consulting for many lawyers on how they should defend their cases involving these same charges. If you have any questions, feel free to contact us.
What if I never actually arrived at the meeting location?
The statute criminalizes both actual travel and attempted travel. However, how far the alleged "travel" progressed can be relevant to certain defenses and may impact how the case is evaluated by prosecutors and juries.
The police found things on my phone or computer. Can that evidence be suppressed?
Potentially. Law enforcement must have proper legal authority to search your electronic devices, typically through a valid warrant or recognized exception. If your Fourth Amendment rights were violated, we can file a motion to suppress the illegally obtained evidence.
I was contacted first and encouraged to continue the conversation. Is that entrapment?
This may support an entrapment defense, but entrapment involves more than simply being contacted first. We would need to examine the entire course of communications to determine whether law enforcement induced you to commit an offense you were not predisposed to commit, or whether their tactics would have induced a normally law-abiding person to commit the crime.
Should I speak with the police or investigators about my case?
No. You should not speak with law enforcement, investigators, or anyone else about your case without your attorney present. Anything you say can and will be used against you. Exercise your right to remain silent and contact a defense attorney immediately.
Protect Your Future
Every day you wait is a day the prosecution uses to build their case. Contact us now for a free, confidential consultation to discuss your defense options: (954) 925-3111
Available 24/7 for Emergencies
WE FIGHT SEX CRIME CHARGES, but TIME IS OF THE ESSENCE
Time really is of the essence and we will give your case the attention that it deserves. If you believe someone has or will make an allegation of sexual abuse-of any nature against you…
do NOT speak to the police. (they are NOT going to help you.)
do NOT take any Voice stress test.
do NOT speak to anyone else.
do NOT take any polygraph tests.
For an aggressive defense of your rights, contact South Florida criminal defense attorney Alan S. Bernstein P.A. for a free consultation. Call today and put an experienced effective advocate on your side who will defend your rights.
Call 954-925-3111 or 954-347-1000 on evenings and weekends.
