Jacksonville Criminal Defense Attorney Blog
The State of Florida has taken a firm stance against the exploitation of children, particularly when it comes to online predation and child sexual abuse. One of the more serious crimes of this type is traveling to meet a minor for the purpose of engaging in sexual activity. This offense is a violation of Florida law and carries severe penalties that reflect the state’s commitment to protecting children from exploitation. In this article, we will explore the crime of traveling to meet a minor for sex in Florida and the implications to you or a loved one either under investigation or arrested for this crime.
Legal Definition and Elements of the Crime
Florida Statutes § 847.0135 addresses the crime of traveling to meet a minor for sexual activity. Under this statute, it is illegal for an adult to travel to a location within the state for the purpose of engaging in sexual activity with a minor. The law applies regardless of whether the adult has already communicated with the minor directly or through an intermediary, such as a parent or guardian, provided their intent is clear and established.
To be convicted of this offense, the prosecution must prove the following elements:
- Intent: The defendant must have the intent to engage in sexual activity with a minor. This intent can be established through direct communication, such as text messages, phone calls, or social media exchanges where the defendant expresses or implies an intent to meet the minor for sexual purposes.
- Traveling to Meet: The defendant must travel, or attempt to travel, to a specific location with the goal of meeting the minor. This can include actual travel or planning and organizing a meeting that requires travel to the minor’s location.
- Minor’s Involvement: The law typically refers to the minor as someone under the age of 18. The minor may be an actual child or an undercover law enforcement officer posing as a minor or the parent of a minor in a sting operation.
- Sexual Purpose: The defendant must have the specific purpose of engaging in sexual activity with the minor. Crucially, it is not necessary for any sexual act to occur. Rather the law focuses on the intent and actions leading up to the meeting.
Law enforcement often conducts sting operations to identify and apprehend individuals intending to have sex with minors. These operations typically involve law enforcement officers posing as minors on social media, chat rooms, or dating and social apps to lure potential offenders into traveling to meet them. When the defendant arrives at the designated location expecting to meet the minor, they are arrested and subsequently charged under Florida’s laws.
Penalties for the Crime
Florida takes the crime of traveling to meet a minor for sexual purposes extremely seriously. The penalties associated with this crime depend on the specific circumstances of the offense, such as whether the defendant has a prior criminal history or whether any actual sexual activity occurred.
Under Florida law, anyone convicted of traveling to meet a minor for sex can face:
- Second Degree Felony Charges: Traveling to meet a minor for sex is classified as a second degree felony. A conviction on this charge can lead to up to 15 years imprisonment, 15 years probation and/or a fine of up to $10,000. Furthermore, absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of traveling to meet a minor for sex to a minimum sentence of 21 months in prison.
- Mandatory Registration as a Sexual Offender: Those convicted of traveling to meet a minor for sexual purposes are required to register as sexual offenders. This requirement involves providing law enforcement with personal information and submitting to regular checks to ensure that the individual remains in compliance with registration laws. Being listed as a sexual offender can have lifelong social, professional, and legal consequences.
- Additional Criminal Charges: In some cases, a defendant may face additional charges, such as child pornography, if evidence of explicit images of minors is uncovered during the investigation.
- Probation or Parole: If an offender is released on probation or parole after serving time, they may face strict conditions related to their movement, employment, and interactions with minors. These conditions are meant to ensure the individual does not pose a continued threat to children.
Conclusion
Florida law has taken a strong stance against not only those caught actually having sex with minors, but also against those attempting to have sex with minors. As a result, Florida law imposes severe penalties and utilizes proactive law enforcement measures on those engaged in such crimes. If you are under investigation or have been arrested for traveling to meet a minor for sex, your best chance at avoiding the harsh penalties associated with this crime is to contact a Jacksonville criminal defense lawyer 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 and probation and sex offender registration if you’re accused of traveling to meet a minor for sex in Duval, Clay, Nassau or St. Johns County, Florida.