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Solicitation of a Child Using a Computer in Florida
By Rocky Brancato, Tampa Sex Crimes Defense Attorney
The Brancato Law Firm, P.A. | (813) 727-7159
What the Law Says About Solicitation of a Child Using a Computer
Florida Statutes §847.0135(3)(a) and §847.0135(3)(b) make it a serious felony to use a computer or electronic device to communicate about unlawful sexual conduct with a child—or with someone you believe is a child. This statute covers soliciting a child using a computer in Florida.
These charges often arise from online sting operations conducted by Tampa Bay law enforcement. In many cases, no actual child exists. Instead, an undercover detective poses as a minor or as the parent of one. The State can still file charges because the law only requires that you believed you were talking to a child.
At The Brancato Law Firm, P.A., we defend clients accused of internet solicitation every day—especially cases where messages were misunderstood, manipulated, or taken out of context. If you face these charges, Tampa Sex Offense Attorney Rocky Brancato is the premiere choice in Tampa Bay.
§847.0135(3)(a): Soliciting a Child or Person Believed to Be a Child
Under §847.0135(3)(a), it is illegal to knowingly use a computer, phone, or internet service to contact a person and then solicit, lure, or entice that person to engage in unlawful sexual conduct.
The prosecution must prove three elements beyond a reasonable doubt:
- You knowingly used a computer or device to contact the alleged victim.
- The alleged victim was a child, or you believed they were a child.
- You tried to persuade or entice that person into unlawful sexual activity.
The law explicitly says that the involvement of an undercover officer is not a defense. However, an experienced attorney can still challenge intent, entrapment, and the authenticity of the evidence—three issues that often determine whether these cases stand up in court.
§847.0135(3)(b): Soliciting a Parent or Guardian Using a Computer
Florida Statute §847.0135(3)(b) focuses on communications with adults. It criminalizes using a computer, internet, or device to contact a parent, guardian, or custodian—or someone believed to be one—and attempting to persuade them to allow a child’s involvement in sexual conduct.
To convict, the State must prove that you:
- Used an electronic device or internet service to contact a person you thought was a parent or guardian; and
- Solicited or attempted to solicit that adult to allow or facilitate illegal sexual activity involving a child.
These cases frequently originate in online escort or prostitution stings where law enforcement shifts the conversation to mention a minor late in the chat. What began as a conversation with an adult can suddenly turn into a solicitation of a child using a computer prosecution.
What Counts as “Sexual Conduct”
Both statutes rely on detailed definitions under §847.001. “Sexual conduct” includes intercourse, masturbation, lewd exhibition, or touching intended to arouse sexual desire.
Florida law clarifies that:
- “Union” means any form of physical contact, not just penetration.
- “An object” includes a finger.
- Breastfeeding and bona fide medical procedures are not sexual conduct.
Because these terms are highly technical, a seasoned attorney can use them to expose weaknesses in the State’s interpretation or in how jury instructions are delivered.
Penalties for Solicitation of a Child Using a Computer
Both §847.0135(3)(a) and (3)(b) are second-degree felonies, punishable by:
- Up to 15 years in prison,
- Up to 15 years of sex offender probation, and
- Fines up to $10,000.
If prosecutors prove that you misrepresented your age or held a position of authority in a school, penalties increase even further under §775.0862.
Conviction almost always leads to sex offender registration, mandatory internet restrictions, and lifetime consequences that can impact housing, travel, and employment.
Common Defenses in Computer Solicitation Cases
Even though the statute limits certain defenses, several powerful strategies can still apply.
Entrapment
If law enforcement induced or pressured you into committing an act you otherwise would not have, entrapment may apply. Many internet sting operations rely on repeated coaxing, suggestive language, or manipulation that crosses the line. (See our related page on [Tampa Entrapment Defense].)
Lack of Intent
Florida law requires that the defendant intended to engage in unlawful sexual conduct. Messages taken out of context—especially those involving fantasy, sarcasm, or curiosity—may fail to meet that legal standard.
Incomplete or Manipulated Evidence
Chat logs and screenshots can be selectively edited or technically flawed. Our firm works with digital forensic experts to reconstruct full message histories and verify authenticity.
Mistaken Identity
Shared devices, spoofed IP addresses, or hacked accounts sometimes lead to false accusations. These cases demand a thorough forensic analysis before any conclusions are drawn.
How These Charges Arise in Tampa Bay
Most defendants are arrested after online sex sting operations coordinated by the Hillsborough County Sheriff’s Office, Tampa Police Department, or regional ICAC task forces. Officers often post adult-themed ads and then later introduce the mention of a child.
Once that shift occurs, investigators may add charges like:
- Traveling to meet a minor,
- Use of a two-way communication device, or
- Attempted human trafficking.
Our firm regularly defends individuals caught in these complex operations. See our related pages on [Online Sex Sting Operations in Tampa Bay], [Online Escort and Prostitution Stings in Tampa], and [Traveling to Meet a Minor in Florida] for detailed analysis.
Why Early Representation Matters
Computer solicitation cases move quickly. Search warrants, chat extractions, and forensic downloads happen early—often before the defense ever sees the evidence.
At The Brancato Law Firm, P.A., we immediately:
- Demand and review the complete electronic evidence;
- Consult with forensic experts to locate missing data;
- Identify signs of entrapment or misconduct; and
- Protect clients from unnecessary media exposure.
Attorney Rocky Brancato brings over 25 years of major-crimes experience, including leadership in an elite sex crimes unit. Every case receives direct attention—not passed to junior associates or paralegals.
Contact The Brancato Law Firm, P.A.
If you are accused of solicitation of a child using a computer in Florida, contact our office right away. Early legal action can reduce the risk of arrest, limit evidence exposure, or even stop charges before they are filed.
(813) 727-7159
Frequently Asked Questions About Solicitation of a Child Using a Computer in Florida
What does “solicitation of a child using a computer” mean under Florida law?
It means using any form of electronic communication—such as email, social media, or a mobile messaging app—to contact a child or someone you believe to be a child and encourage, entice, or solicit them to engage in unlawful sexual conduct. The crime is covered under Florida Statute §847.0135(3)(a).
Can I be charged even if no real child was involved?
Yes. Florida law allows prosecution even if the person you were talking to was an undercover detective posing as a minor. The key issue is whether you believed you were communicating with a child. However, an experienced defense attorney can often challenge your intent and raise entrapment arguments when police tactics go too far.
What is the difference between §847.0135(3)(a) and §847.0135(3)(b)?
Section (3)(a) applies when someone directly contacts a child or a person they believe is under 18. Section (3)(b) applies when someone contacts a parent, guardian, or custodian—or someone they believe to be one—and asks that adult to allow a child’s involvement in sexual conduct. Both are second-degree felonies punishable by up to 15 years in prison.
What if I never intended to meet anyone in person?
Intent matters. Many people accused of online solicitation were involved in fantasy chats or roleplay conversations that never crossed into a real plan. The prosecution must prove beyond a reasonable doubt that you intended to cause an actual act of unlawful sexual conduct.
What are the penalties for solicitation of a child using a computer?
Both offenses under §847.0135(3)(a) and §847.0135(3)(b) are second-degree felonies carrying up to 15 years in prison, 15 years of sex-offender probation, and fines of up to $10,000. Conviction also results in mandatory sex-offender registration and severe restrictions on internet use.
Is entrapment a valid defense in online solicitation cases?
Yes—if law enforcement induced you to commit a crime you were not predisposed to commit. Entrapment can apply when officers repeatedly pressure, coax, or mislead a person into illegal discussions that would not have occurred otherwise. See our related page on [Tampa Entrapment Defense] for a deeper explanation.
How do police investigate computer-based solicitation cases?
Investigators often create fake online profiles or post adult escort ads that later reference minors. They collect chat transcripts, text messages, and screenshots. Unfortunately, this evidence can be misleading or incomplete. At The Brancato Law Firm, P.A., we use digital forensic experts to verify and challenge these records.
What should I do if I think I accidentally messaged a minor online?
Stop communication immediately and contact a defense attorney before doing anything else. Do not delete messages or respond further—doing so can complicate your case. Our firm can step in early to protect your rights and communicate with law enforcement on your behalf.
Can these charges lead to human trafficking or traveling-to-meet charges?
Yes. In Tampa Bay, many internet-solicitation cases evolve into traveling-to-meet-a-minor or human-trafficking allegations if prosecutors believe travel or exchange of money was involved. Even when no meeting occurred, police often add multiple overlapping charges. Having an attorney familiar with all these related offenses is essential. [Tampa Human Trafficking Defense]
How can The Brancato Law Firm, P.A. help?
Attorney Rocky Brancato has more than 25 years of trial experience, including service in a sex-crimes unit. He personally reviews every chat log, forensic extraction, and investigative report. The firm builds defenses based on intent, entrapment, and digital evidence integrity—not assumptions made by law enforcement.