With the proliferation of the internet and other electronic communication media, the crime of traveling to meet a minor for sex is of growing concern in the United States. Often referred to as “traveling to meet a minor for the purpose of engaging in sexual acts,” the crime is considered very serious in both state and federal courts. However, the way the crime is investigated, prosecuted, and sentenced differs significantly depending on whether it is prosecuted at the state or federal level.
The Nature of the Crime
The crime of traveling to meet a minor for sex is defined by federal and state law to address the issue of adults attempting to engage in sexual activity with minors. In Florida, as in other states, individuals can be charged if they travel to meet a minor with the intent to engage in sexual acts or solicit the minor for such acts.
The federal law governing this offense is found in the Sexual Exploitation and Other Abuse of Children section of the U.S. Code at 18 U.S.C. § 2423, while in Florida, it is governed under Florida Statute Chapter 847, specifically Section 847.0135. Both state and federal law imposes serious penalties, but the approach to investigating and prosecuting these crimes varies significantly depending on whether the case proceeds in state or federal court.
Prosecution at the Federal Level
Federal courts have jurisdiction to prosecute crimes that involve crossing state lines or using interstate commerce in the commission of the crime. Under federal law, a person can be charged with the offense of traveling to meet a minor for sex if they travel from one state to another or use any form of interstate communication, such as the internet or phone, to solicit or engage in sex with a minor. The federal statute also applies if the defendant traveled with the intent to engage in sexual activity with a minor, even if no sexual act occurred.
Federal prosecutors take these cases seriously, and the investigations are typically conducted by agencies like the Federal Bureau of Investigation (FBI), U.S. Secret Service, or U.S. Immigration and Customs Enforcement (ICE), specifically through its Homeland Security Investigations (HSI) division. These agencies have access to extensive resources and inter-state networks, making them particularly adept at catching offenders who use the internet or other forms of communication to engage with minors across state lines.
The penalties in a federal case can be severe. If convicted, a person can face a sentence of up to 30 years in prison, especially if the minor is under 12 years old or if the defendant has a prior conviction of sexual abuse. The federal sentencing guidelines offer little leniency, with mandatory minimum sentences for such crimes. Additionally, federal convictions may carry the possibility of lifetime supervision upon release, mandatory registration as a sex offender, and a permanent criminal record that can have lifelong consequences.
Federal law also provides for an extraterritorial reach, meaning that individuals can be prosecuted under U.S. law if they travel to a foreign country to meet a minor for sex, thus making the reach of federal law vast and global.
Prosecution at the Florida State Level
In Florida, the crime of traveling to meet a minor for sex is prosecuted under Florida Statutes Chapter 847. Under Section 847.0135(4), it is a crime for any person to travel with the intent to engage in sexual activity with a minor or to solicit a minor for such activity. As with federal law, Florida law does not require that the defendant actually engage in any sexual activity or even make contact with the minor, only that the individual intended to do so.
Florida courts treat this crime as a serious offense and impose severe penalties for those convicted. A conviction for traveling to meet a minor for sex in Florida can result in a lengthy prison sentence, typically ranging from 3 to 15 years for a first offense, depending on the specifics of the case and the age of the minor. The penalties can increase if the defendant has a prior criminal history, especially with regard to sexual offenses. Furthermore, individuals convicted in Florida face the possibility of mandatory registration as a sex offender, which brings long-term consequences in terms of housing restrictions, employment limitations, and social stigmatization.
One key difference between Florida state courts and federal courts is that the state courts generally focus on crimes committed within Florida’s borders. While Florida law also criminalizes traveling to meet a minor for sexual purposes, the enforcement mechanisms may differ. State authorities may focus on crimes involving local travel or use of local communications to facilitate such offenses. Investigations are often carried out by local law enforcement agencies, such as county sheriff’s offices or local police departments, though state-level law enforcement agencies like the Florida Department of Law Enforcement (FDLE) can also become involved, especially in larger, more complex cases.
Florida courts also may provide more flexibility in sentencing in some cases, depending on the particular circumstances. However, certain aggravating factors, such as prior offenses or actions that result in the victim suffering serious harm, could lead to enhanced penalties in state court.
Key Differences Between Florida State Court and Federal Court Traveling Cases
- Jurisdiction and Scope: Federal courts have the ability to prosecute individuals who cross state lines or use interstate communication (such as the internet) to arrange meetings with minors, while Florida state courts typically focus on crimes committed within the state. Federal courts may also handle international cases where the defendant travels overseas for illicit purposes.
- Penalties: Federal penalties for this crime are usually more harsh, with sentences reaching up to 30 years, substantial mandatory minimum sentences, and more extensive post-conviction supervision. In Florida, sentences typically range from 3 to 15 years, but these can be enhanced based on aggravating circumstances or prior offenses.
- Investigative Agencies: Federal investigations often involve agencies with national and international reach, such as the FBI, ICE, or Homeland Security, while Florida state investigations are usually carried out by local law enforcement, the FDLE, or specialized units that focus on internet crimes.
- Sentencing Guidelines: Federal sentencing guidelines offer little discretion in terms of reduced sentences for those convicted, with mandatory minimum sentences for many types of offenses. State courts generally have more flexibility when determining sentences, although they still impose severe penalties for this crime.
- Case Complexity and Resources: Federal cases tend to involve complex, multi-jurisdictional investigations, especially in cases where the internet or interstate travel is involved. Federal prosecutors have more resources to devote to such cases. Florida state courts are more likely to deal with cases involving local incidents, although some may involve multi-state activity.
Conclusion
Both Florida state courts and federal courts treat the crime of traveling to meet a minor for sex as a very serious. However, the differences in jurisdiction, investigative resources and sentencing can significantly affect the outcome of a case. While both legal systems aim to protect children and punish offenders severely, the federal system offers a broader reach, more severe penalties, and more resources for investigation, especially when interstate or international factors are involved.
On the other hand, Florida’s state court system offers flexibility in sentencing and may give more consideration to local dynamics and mores in its handling of such crimes. Ultimately, the complexity of the case, the nature and extent of the communications with the minor and the defendant’s use of interstate travel and/or communication will affect whether a defendant is prosecuted in federal or state court and the severity of the penalties they may face.
If you are under investigation or have been arrested for traveling to meet a minor for sex in either state or federal court, your best chance at minimizing the harsh penalties associated with this crime is to contact a Jacksonville criminal defense attorney with experience in this area of the law. Call us now for a free case strategy session to learn how we can help you avoid lengthy prison, probation and sex offender registration if you’re accused of traveling to meet a minor for sex in state or federal court in Duval, Clay, Nassau, or St. Johns County, Florida.