What Qualifies as Solicitation of a Minor?

When it comes to crimes involving minors, Florida law is particularly strict—and for good reason. Among the most serious offenses is the solicitation of a minor, a charge that can carry life-altering consequences. 

But what exactly qualifies as solicitation under Florida law? Is it limited to physical actions, or can online conversations and text messages also lead to criminal charges?

At Defend Ocala, my firm is committed to protecting your legal rights during this confusing and stressful time. Here, I'll break down the legal definition of solicitation of a minor in Ocala, Florida, explore how the law is applied, and discuss the penalties someone convicted of this offense may face.

What Does Florida Law Have to Say?

Under Florida Statutes § 847.0135, solicitation of a minor occurs when an adult uses any form of communication, including in person, by phone, text, email, or the internet, to persuade, induce, entice, or lure a person under the age of 18 to engage in unlawful sexual conduct. 

The statute covers a wide range of behaviors and includes attempts to make contact, even if no physical meeting ever occurs. Importantly, Florida law doesn't require actual contact or a completed act. The intent and attempt alone can be enough to result in criminal charges. 

This broad scope means you can be charged even if you were communicating with an undercover officer posing as a minor. Courts consider factors such as the content of the conversation, the nature of any images or materials shared, and any efforts to arrange a meeting.

What Are Some Common Scenarios That Lead to Charges?

Many solicitation cases arise from online sting operations where law enforcement officers pose as minors in chat rooms, on dating apps, or through social media platforms. Even seemingly innocent messages or jokes can be misinterpreted or used as evidence of intent. Some scenarios include:

• Text message exchanges that include suggestive or explicit content

• Attempts to meet in person after online communication

• Sharing sexually explicit materials with someone believed to be underage

• Using apps like Snapchat, Kik, or WhatsApp to initiate or maintain conversations with minors

Because the law is so broad, people may find themselves charged based on limited evidence or a misunderstanding. An aggressive and informed legal defense from an experienced Ocala criminal defense attorney is critical in these cases.

Can You Be Charged If No Minor Was Involved?

Yes, you can be charged with solicitation of a minor even if no actual minor was involved. Florida law allows law enforcement to conduct undercover operations where officers pose as minors online. If a person believes they're communicating with someone underage and takes actions that suggest intent to engage in unlawful sexual activity, they can still be prosecuted under the statute.

The law focuses on the defendant’s belief and intent, not the true identity of the person on the other end of the conversation. 

This is why it's crucial for a defense attorney to examine how the interaction began, whether law enforcement followed proper procedures, and whether the conduct rose to the level required for a criminal conviction.

Penalties and Defense Strategies

Soliciting a minor in Florida is typically charged as a felony with the degree of severity depending on the specifics of the case. 

Charges can range from a third-degree felony (punishable by up to five years in prison) to a second-degree felony or even a first-degree felony if aggravating factors are present, such as traveling to meet the minor or prior convictions.

Convictions often result in mandatory sex offender registration, probation, restrictions on internet usage, and a permanent criminal record—consequences that can follow someone for life.

However, not every charge leads to conviction. Common defense strategies include:

• Entrapment: Arguing that law enforcement induced the defendant to commit an act they wouldn't have otherwise committed. This defense focuses on showing that the idea and pressure to commit the offense came from the officer, not the accused. Courts will often scrutinize whether the defendant was predisposed to commit the crime or was unfairly persuaded into it.

• Lack of intent: Demonstrating that there was no genuine intent to engage in unlawful conduct. In many cases, ambiguous or joking language may be misinterpreted as criminal. Showing that the defendant had no real plan or desire to follow through with any illegal activity can significantly weaken the prosecution’s case.

• Mistaken identity or lack of evidence: Challenging the prosecution’s proof and how it was obtained. This may involve questioning the reliability of digital evidence, such as IP addresses or user accounts. Defense attorneys may also examine whether proper procedures were followed during the investigation, especially in online sting operations.

Each case is unique, and a skilled criminal defense attorney can explore all available options to protect the client’s rights and future.

Federal vs. State Charges: What’s the Difference?

While many solicitation of a minor cases are prosecuted under Florida state law, some can fall under federal jurisdiction, especially when the communication crosses state lines or involves federal agencies like the FBI or Department of Homeland Security. 

Federal solicitation charges are typically more severe and carry mandatory minimum sentences, sometimes ranging from 10 years to life in prison. The key difference often lies in how the offense occurred. For example, using interstate communication platforms or involving multiple jurisdictions. 

If your case has federal implications, it’s vital to have a defense attorney who is experienced in both state and federal court, as the procedures, sentencing guidelines, and strategies can differ significantly.

How a Conviction Can Affect Your Future

Beyond the immediate legal penalties, a conviction for solicitation of a minor in Florida can have lifelong consequences. Convicted individuals often face mandatory sex offender registration, which restricts where they can live, work, and even travel. 

This public designation can result in significant social stigma, job loss, and strained family relationships. Additionally, those convicted may be barred from certain professional licenses, experience difficulty obtaining housing, and face ongoing monitoring or probation. 

Knowing these long-term impacts is crucial when deciding how to fight the charges, negotiate a plea, or pursue alternative resolutions such as pretrial diversion (if eligible).

Professional Licenses and Employment

Even a mere arrest or charge for solicitation of a minor can have immediate and devastating effects on your career, particularly if you work in education, healthcare, government, or any profession involving vulnerable populations. 

Licensing boards often open their own investigations and may suspend or revoke professional credentials, even before a conviction occurs. Background checks for new employment may flag pending charges, resulting in job loss or hiring rejections. 

A criminal defense attorney can work with professional licensing defense counsel or employer representatives to mitigate damage, seek confidentiality where possible, and help you protect your professional future while the criminal case is pending.

What to Do If You’re Being Investigated

If you believe you’re under investigation for soliciting a minor, it’s essential to act quickly and carefully. Don't attempt to delete messages, contact the other party, or discuss the case with anyone other than your criminal defense attorney. These actions can be interpreted as evidence of guilt or obstruction and may harm your defense.

Instead, consult a criminal defense attorney immediately to review the facts and determine the ideal course of action. Early legal advice can prevent common missteps and may even stop the case from progressing to formal charges. In these highly sensitive cases, your future may depend on how you respond in the first few days.

Contact a Criminal Defense Attorney Today

If you've been charged with solicitation of a minor or you're concerned that you may be charged, don't hesitate to reach out to Defend Ocala. My law firm serves clients throughout Marion County and Lake County, including Clermont, Leesburg, Tavares, and Eustis. Contact Defend Ocala today to schedule a consultation.