Think You Messaged a Minor Online in Tampa?

Brancato Law Firm, P.A. — Fri, 13 Jun 2025 15:27:25 GMT

What to Do Right Now to Protect Your Future

If you are reading this, a simple online chat may have turned into a moment of pure panic. You might have just realized the person you were messaging on a dating app or social media is underage. Their profile looked different, they lied about their age, or the conversation took a turn you never intended. Now you are terrified of what comes next.

You have every right to be. In Florida, a conversation is enough.

Can You Be Charged for Messaging a Minor Online? Yes. Under Florida Statute 847.0135, using a computer or electronic device to solicit, lure, or entice a minor—or someone you believe to be a minor—for unlawful sexual conduct is a second-degree felony punishable by up to 15 years in prison. No in-person meeting is required. The messages themselves can be sufficient for prosecution. Law enforcement in Tampa and Hillsborough County aggressively prosecutes these cases, often using undercover sting operations.

I am Tampa Attorney Rocky Brancato, founder of The Brancato Law Firm, P.A.. For over 25 years, I have practiced sex crimes defense, handling the most complex and sensitive cases in the Tampa Bay area. I have seen how these investigations begin, how police build their evidence, and most importantly, how to mount an effective defense. What you do in the next few hours and days is critical.

Your First Five Steps: What to Do Immediately

These cases move quickly and quietly. Acting decisively can protect your rights and your future.

Step	Action	Why It Matters
1	Stop all communication	Do not send one more message. Do not reply, apologize, or explain. Any further contact is evidence.
2	Do not delete anything	Deleting evidence can lead to obstruction charges and looks like consciousness of guilt. You may also destroy evidence that helps your defense.
3	Remain silent	Do not discuss this with anyone—partner, friends, or social media. The only person you should speak to is a qualified attorney.
4	Preserve your recollection	Write down everything you remember—how it started, what was said, what platform. These notes are for your attorney only.
5	Contact an attorney	Do not wait for a knock on the door. An arrest warrant may already be in process. Early intervention can sometimes prevent charges entirely.

Are You Under Investigation? Red Flags to Watch For

Law enforcement investigations into online sex crimes often happen in secret. You may be a target and not even know it. Here are common signs:

Warning Signs You May Be Under Investigation • The person suddenly reveals they are underage • The conversation took a flirtatious or explicitly sexual turn • They requested or sent photos of a sensitive nature • The user abruptly blocked you or deleted their profile • You receive a message from someone claiming to be a parent or detective

If any of these have occurred, the time to act is now. The State may already be building its case.

Penalties for Online Solicitation of a Minor in Florida

Consequence	Details
Felony Level	Second-degree felony under F.S. 847.0135(3)
Prison	Up to 15 years
Sex Offender Registration	Mandatory lifetime registration
Additional Consequences	Job loss, professional license revocation, permanent felony record

How an Experienced Defense Attorney Can Help

The prosecution will use chat logs, images, and your own words to secure a conviction. However, I can challenge their case by:

Investigating for police entrapment — Did an undercover officer improperly induce you to commit a crime you otherwise would not have?
Challenging the evidence — Were the messages obtained legally? Can the State prove it was you behind the screen?
Negotiating with prosecutors — Early intervention can sometimes lead to reduced charges or prevent formal arrest.
Preparing a proactive defense — If arrest is inevitable, I prepare you for the process and build a strong trial strategy from day one.

Frequently Asked Questions

Can I be arrested just for messages if I never met anyone?

Yes. Under Florida Statute 847.0135(3), the messages themselves can be sufficient for prosecution. No in-person meeting is required. The crime is complete upon soliciting or enticing a minor—or someone believed to be a minor—through electronic communication.

Should I delete the messages and my profile?

No. Deleting evidence can lead to additional charges for obstruction or tampering. It also looks like consciousness of guilt to prosecutors. Additionally, you may destroy evidence that supports your defense—such as signs of entrapment.

What if I thought they were an adult?

This is relevant to your defense, but it may not be sufficient on its own. Florida law focuses on whether you believed you were communicating with a minor at the time of the alleged solicitation. The full context of the conversation matters.

What if it was actually an undercover officer?

Most of these cases involve undercover officers, not real minors. Florida law explicitly allows prosecution even when no actual child was involved. However, this opens the door to entrapment defenses if law enforcement improperly induced your conduct.

How soon should I contact an attorney?

Immediately. Do not wait for a knock on the door. An arrest warrant may already be in process. Early intervention by a skilled attorney can sometimes prevent charges from being filed at all.

Do Not Let Fear Paralyze You

Feeling isolated and terrified is normal. But you are not alone, and this situation is not hopeless. An accusation does not have to become a conviction. The choices you make right now will define your future.

Do not wait for an arrest. Call The Brancato Law Firm now for a confidential consultation.

Call (813) 727-7159 — Anytime

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

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