Category: Criminal Offenses · Statute: F.S. 847.0135 · Source: Florida Legislature
Understanding Solicitation of a Minor Online in Florida
In Florida, the offense of Solicitation of a Minor Online is governed by Section 847.0135 of the Florida Statutes, commonly referred to as the "Computer Pornography and Child Exploitation Prevention Act." This charge arises when an individual utilizes a computer, cellular phone, or any other electronic communication device to seduce, solicit, lure, or entice a minor—or someone the defendant reasonably believes to be a minor—to commit or engage in illegal sexual conduct. Because the statute covers situations where the target is "believed to be a minor," law enforcement agencies frequently use undercover detectives posing as children in online chat rooms, social media platforms, and messaging applications to conduct sting operations.
The severity of the charge under Florida law depends heavily on the defendant's actions following the digital communication. Simply engaging in the prohibited online solicitation is classified as a third-degree felony, carrying a maximum penalty of five years in prison. However, if the individual takes the step of traveling to a designated location to actually meet the minor (or the undercover officer posing as the minor), the charge is elevated to a second-degree felony. This elevation significantly increases the potential penalties, carrying a maximum sentence of fifteen years in Florida state prison and mandatory designation as a sexual offender.
Bail and Pretrial Release for Online Solicitation Charges
Defendants arrested under Florida Statute 847.0135 face strict pretrial conditions. Because these offenses involve the alleged exploitation of minors, judges at first appearance hearings routinely impose specialized bond conditions to protect the public. Even if a monetary bail is set, the court will typically order a total prohibition on internet access, restrict the use of any electronic devices, and mandate a strict "no contact" order involving minors. Additionally, depending on the specific allegations of travel or solicitation, the court may require active GPS monitoring as a mandatory condition of release.