- Free Consultation 24/7: (813) 727-7159 Tap Here To Call Us
Solicitation of a Child Using a Computer in Florida
Tampa Sex Defense Attorney | F.S. 847.0135
A computer solicitation charge can destroy your life before you ever step into a courtroom. Florida Statute 847.0135 makes it a serious felony to use any electronic device to communicate about sexual conduct with a child—or with someone you believe is a child. That distinction matters because most of these cases arise from online sting operations where no actual child exists.
| What Is Solicitation of a Child Using a Computer? Under Florida Statute 847.0135, solicitation of a child using a computer occurs when someone uses an electronic device to contact a child (or person believed to be a child) and solicits or entices them to engage in unlawful sexual conduct. The statute also criminalizes contacting a parent or guardian to facilitate a child’s involvement in sexual conduct. Both offenses are second-degree felonies punishable by up to 15 years in prison. |
At The Brancato Law Firm P.A., I defend clients accused of internet solicitation throughout Tampa and Hillsborough County—especially cases where messages were misunderstood, manipulated, or taken out of context by law enforcement. As a former Major Crimes Division attorney with the Hillsborough County Public Defender’s Office, I understand how prosecutors build these cases and how to challenge them.
The Two Offenses Under F.S. 847.0135(3)
Florida law creates two separate crimes under the same statute, depending on who you allegedly contacted:
| §847.0135(3)(a) | §847.0135(3)(b) |
| Contact with child or person believed to be a child | Contact with parent, guardian, or custodian (or person believed to be one) |
| Soliciting the child directly for sexual conduct | Soliciting the adult to allow or facilitate child’s involvement |
| 2nd degree felony — up to 15 years | 2nd degree felony — up to 15 years |
| Typically arises from undercover detective posing as minor | Often arises from escort stings where “minor” introduced later |
Elements of §847.0135(3)(a): Soliciting a Child
The prosecution must prove three elements beyond a reasonable doubt:
- You knowingly used a computer, phone, or internet service to contact the alleged victim
- The alleged victim was a child, or you believed they were a child
- You attempted to persuade or entice that person into unlawful sexual activity
The law explicitly states that the involvement of an undercover officer is not a defense. However, I can still challenge intent, entrapment, and the authenticity of the evidence—issues that often determine whether these cases stand up in court.
Elements of §847.0135(3)(b): Soliciting a Parent or Guardian
To convict under this section, the State must prove:
- You used an electronic device to contact a person you believed was a parent, guardian, or custodian
- You 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 become a felony solicitation prosecution.
Penalties for Computer Solicitation
| Penalty | Details |
| Prison | Up to 15 years (2nd degree felony) |
| Sex Offender Probation | Up to 15 years with strict conditions |
| Fines | Up to $10,000 |
| Sex Offender Registration | Mandatory upon conviction |
| Enhanced Penalties | If you misrepresented age or held position of authority (F.S. 775.0862) |
Conviction leads to mandatory internet restrictions and lifetime consequences affecting housing, employment, and travel.
How These Charges Arise in Tampa Bay
Most defendants are arrested after online sting operations coordinated by the Hillsborough County Sheriff’s Office, Tampa Police Department, or regional Internet Crimes Against Children (ICAC) task forces. The typical pattern:
- Officers post adult-themed ads on dating apps or escort sites
- After initial contact, the “adult” introduces the mention of a minor
- Investigators continue the conversation to build evidence of intent
- Arrest occurs when the target travels to meet or continues soliciting
Once the conversation shifts to include a minor, prosecutors may stack additional charges including traveling to meet a minor (F.S. 847.0135(4)), use of a two-way communication device (F.S. 934.215), and attempted human trafficking.
Defense Strategies in Computer Solicitation Cases
| Defense | How It Applies |
| Entrapment | Law enforcement induced or pressured you into conduct you otherwise would not have engaged in. Many stings rely on repeated coaxing, suggestive language, or manipulation. |
| Lack of Intent | Florida requires intent to engage in unlawful sexual conduct. Fantasy chats, roleplay, sarcasm, or curiosity may not meet this standard. |
| Manipulated Evidence | Chat logs and screenshots can be selectively edited or technically flawed. Forensic experts can reconstruct full message histories and verify authenticity. |
| Mistaken Identity | Shared devices, spoofed IP addresses, or hacked accounts can lead to false accusations. Thorough forensic analysis is essential. |
| If You Think You Accidentally Messaged a Minor Stop communication immediately. Do not delete messages or respond further—doing so can complicate your case. Contact a defense attorney before doing anything else. Early intervention can protect your rights and allow communication with law enforcement through counsel. |
Why Early Representation Matters
Computer solicitation cases move quickly. Search warrants, chat extractions, and forensic downloads happen early—often before the defense sees the evidence. I 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.
Early legal action can reduce the risk of arrest, limit evidence exposure, or even stop charges before they are filed.
Frequently Asked Questions
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, I can challenge your intent and raise entrapment arguments when police tactics cross the line.
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.
Is entrapment a valid defense?
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 my Tampa Entrapment Defense page for more information.
Can these charges lead to human trafficking allegations?
Yes. In Tampa Bay, many internet-solicitation cases evolve into traveling-to-meet-a-minor or human-trafficking charges if prosecutors believe travel or exchange of money was involved. Even when no meeting occurred, police often stack multiple overlapping charges.
What counts as “sexual conduct” under the statute?
Under F.S. 847.001, “sexual conduct” includes intercourse, masturbation, lewd exhibition, or touching intended to arouse sexual desire. “Union” means any form of physical contact, not just penetration, and “an object” includes a finger. Breastfeeding and bona fide medical procedures are explicitly excluded.
Accused of Computer Solicitation in Tampa?
If you are accused of solicitation of a child using a computer in Tampa, Hillsborough, Pinellas, or Pasco County, contact The Brancato Law Firm immediately. Early legal action can make the difference between charges filed and charges declined.
I personally review every chat log, forensic extraction, and investigative report. Your case receives direct attention—not passed to junior attorneys.
Call (813) 727-7159 for a Confidential Consultation
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
Serving Hillsborough, Pinellas, and Pasco Counties
Related Articles:
- Tampa Sex Crimes Attorney
- Tampa Internet Crimes Attorney
- Travelling to Meet a Minor in Tampa
- Human Trafficking Attorney in Tampa
- Attorney for Vigilante Predator Catchers in Tampa
- Messaged a Minor Online? What to Do Next
- Caught in a Tampa Sex Sting? We Can Help
- Tampa Escorts and Prostitution Stings
- Tampa Entrapment Defense
Visit Us
Suite #205
Tampa, FL 33602
Contact Us Now
Free Legal Consultation (813) 727-7159