Solicitation, Traveling to Meet a Minor, and Human Trafficking Charges in Florida, Explained

At the time of this writing, Florida law generally treats several kinds of online conduct involving minors as serious crimes. Under Fla. Stat. 847.0135, it is generally a crime to use a computer, phone, or other device to solicit a child, or a person believed to be a child, for unlawful sexual conduct, and a separate offense to travel, or attempt to travel, after that kind of solicitation. When an exchange of money or something of value is alleged, prosecutors may also bring a human trafficking charge under Fla. Stat. 787.06. These charges often arise together from a single undercover sting operation.

Attorney Ron Frey has practiced criminal defense since 2004 and is licensed in Florida, Ohio, and North Carolina. Drawing on his experience handling many of these sting cases, he has found that they often turn on details that are not obvious at first: the full conversation, the device evidence, and exactly what the state can prove. Because laws in this area change often, anyone facing these charges should speak with an attorney about how the current law applies to their situation.

What Is Computer Solicitation of a Minor in Florida?

Generally speaking, Florida’s computer solicitation law, found in Fla. Stat. 847.0135, makes it a crime to knowingly use a computer, phone, app, or similar device to “seduce, solicit, lure, or entice” a child, or a person believed to be a child, to engage in unlawful sexual conduct. At the time of this writing, the law also reaches messages directed to someone believed to be a parent or guardian, asking that person to allow a child’s involvement. Sting operations sometimes use that approach, with an officer posing as a parent.

Computer solicitation is a felony in Florida, and because each use of a device may be charged separately, one online conversation can sometimes lead to several counts. The way these charges are filed can vary from case to case and can change as the law is amended, which is one reason the details of any specific case are best discussed with an attorney.

What Constitutes Traveling to Meet a Minor in Florida?

At the time of this writing, Fla. Stat. 847.0135 generally makes it a separate crime to travel, attempt to travel, or cause someone else to travel, for the purpose of unlawful sexual conduct with a child, or a person believed to be a child, after an online solicitation. The statute does not require a long trip. Driving across town to a planned meeting place can be enough for the state to file the charge.

Traveling to meet a minor is generally treated as a more serious felony than solicitation alone, and the two are often charged together. In these cases, the central questions tend to be what the conversation actually showed and whether the travel can be tied to the purpose the state alleges. Those are fact questions, and how the law applies to them is something to review closely with an attorney.

When Can a Sting Lead to a Human Trafficking Charge in Florida?

Many people are surprised to learn that an online sting can lead to a human trafficking charge. At the time of this writing, Florida’s human trafficking law, Fla. Stat. 787.06, generally covers soliciting, enticing, or attempting to obtain another person for exploitation, including commercial sexual activity. In sting cases, prosecutors may bring this charge when the conversation involves an offer of money or something else of value in connection with a person believed to be under 18.

Human trafficking is among the most serious charges in Florida law, and in these cases it is often filed alongside solicitation, traveling, and a charge for using a phone or computer to commit a felony. Whether the facts actually support a trafficking charge, rather than the other offenses, is a key question in many sting cases. Because this area of law has been amended in recent years and continues to change, it is important to speak with an attorney about how it may apply.

Some sting cases are also prosecuted federally; see Federal Enticement of a Minor Charges Under 18 U.S.C. 2422(b), Explained.

What If the “Minor” Was Actually an Undercover Officer?

In most sting cases, there was never a real child involved. An adult officer posed as a teenager, or sometimes as a parent, online. Florida’s solicitation, traveling, and human trafficking laws are generally written to reach conduct directed at a person “believed” to be a minor, so the absence of a real child does not, by itself, end a case.

That said, it does not end the analysis either. What the person actually believed, who first raised the subject of age, how the conversation developed, and whether the messages truly show the intent the state alleges are all questions that can matter. Entrapment is sometimes raised in these cases, and whether it applies depends heavily on the specific facts.

How Are Florida Sting Cases Approached?

Every case is different, but drawing on his experience handling many of these cases, Attorney Ron Frey generally looks closely at:

• The full conversation. Every message, in order and in context, rather than excerpts or a summary in an arrest report.
• The device evidence. Whether the accounts and devices can actually be tied to the person charged, and how the data was collected.
• What the person believed. How age came up, what was said about it, and whether the record supports the state’s version.
• The travel and any alleged exchange. What the travel actually was, and whether any offer of money or value supports the charges filed.
• Entrapment. One of the things we look at very closely in these cases is the issue of entrapment. Although it is often misunderstood, it is certainly a potential defense. Depending on the details and circumstances of the case and the communications, entrapment is always a potential issue that needs to be explored as part of any approach.
• The person’s background. Many people charged in sting cases have never been arrested before, and that history can matter. Our guide to a first-offense internet crime charge explains more.

These are fact questions, and the answers depend on the specific evidence in each case.

What Should Someone Do After a Sting Arrest?

How a person responds after an arrest or contact from investigators can matter a great deal. Attorney Ron Frey generally advises that anyone contacted by law enforcement in connection with an online investigation exercise the right to remain silent and speak with an attorney before making any statements. That caution generally extends to recorded jail calls, messages to friends and family, social media, and AI chatbots, since those statements may be obtained later.

If the arrest just happened, our guide to what happens after an online sting arrest walks through the first days of the process, and our post on what to do if police seized your computer or phone explains how device seizures generally work.

Why Talk With an Attorney About the Details?

A website can only offer a general picture. Laws in this area are fluid: statutes are amended, courts issue new decisions, and the way prosecutors handle sting cases shifts over time. What was accurate when this page was written may not be accurate when you read it, so it is important to discuss the details of any specific situation with an attorney at the time it arises.

Talk With Attorney Ron Frey About a Florida Sting Charge

If you or someone close to you is facing a solicitation, traveling to meet a minor, or human trafficking charge in Florida, or is under investigation, contact Attorney Ron Frey of The Frey Law Firm, LLC to discuss the situation. You can also read more about online solicitation charges.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Laws change, and how they apply depends on the facts of each case.