If you were arrested after days of messages with someone who turned out to be an undercover deputy, the first thing our attorneys look at is who pushed the conversation toward a crime. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor who taught officers how investigations are supposed to be run. I have tried more than 150 jury trials to verdict, and our attorneys use that experience to take sting operations apart message by message, from the first contact to the arrest.

What is entrapment under Florida law?

Entrapment happens when a law enforcement officer, or someone working with or for one, induces or encourages a person to commit a crime using methods that create “a substantial risk that such crime will be committed by a person other than one who is ready to commit it.” That is the definition in section 777.201, Florida Statutes. The statute covers informants and civilians acting as police agents, not only sworn officers.

Under the same statute, a person “shall be acquitted” if he or she proves by a preponderance of the evidence that the criminal conduct occurred as a result of an entrapment. Preponderance means more likely than not, a lower bar than the State’s burden of proof beyond a reasonable doubt. The statute also says the issue “shall be tried by the trier of fact,” which is usually the jury. At The Brancato Law Firm, we treat entrapment as a defense to build from the first day, because the evidence that proves it, the messages and the officer’s choices, is fixed the moment the investigation ends.

What are the two kinds of entrapment in Florida?

Florida recognizes two separate entrapment defenses: subjective entrapment, which is the statutory defense, and objective entrapment, which comes from the due process clause of the Florida Constitution. The first asks about the defendant; the second asks only about the police. Our attorneys raise both whenever the facts support them, because they fail and succeed for different reasons.

How does a Florida court decide subjective entrapment?

A Florida court decides subjective entrapment by asking three questions, set out by the Florida Supreme Court in Munoz v. State, 629 So. 2d 90 (Fla. 1993). In Munoz, the Court read section 777.201 as adopting the subjective test and set the order of proof that Florida trial judges still follow today.

1. Inducement. Did a government agent induce the accused to commit the charged crime? The defense must prove this by a preponderance of the evidence.
2. Predisposition. If there was inducement, was the accused already “awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense”? Once the defense produces evidence of no predisposition, the burden shifts to the State to rebut it beyond a reasonable doubt.
3. Judge or jury. If the facts are undisputed, inducement is shown, and the State lacks enough evidence of predisposition formed before and independent of the police conduct, the judge must rule for the defense as a matter of law. If the facts are disputed, or reasonable people could draw different conclusions, the jury decides.

The third question is where many sting cases are won or lost. When every message is preserved and the record shows the officer doing the persuading, our attorneys at The Brancato Law Firm ask the judge to decide entrapment before a jury is ever picked.

What counts as police inducement?

Police inducement means persuasion that goes beyond offering a chance to commit a crime: repeated pleading, pressure on a reluctant person, appeals to sympathy or friendship, promises of reward, or taking the lead in introducing the illegal idea. Florida courts draw a firm line between inducement and opportunity. In the words the Second District repeated in 2023, “creating nothing more than an opportunity to commit a crime is not prohibited.”

These are the patterns our attorneys look for when we read a chat log or listen to an informant’s recorded calls. A single message where the person backs away can matter more than fifty messages of small talk. When an informant is involved, we also look at what the informant was promised, which our post on whether the State has to reveal a confidential informant explains in more detail.

How do prosecutors try to prove predisposition?

Prosecutors try to prove predisposition with evidence that the accused was ready to commit the crime before police ever got involved, such as prior similar conduct, earlier messages, or eagerness at the first opportunity. Under Munoz, the State may make “an appropriate and searching inquiry” into the accused’s conduct and may even use prior criminal history that would normally be kept from a jury. But that evidence counts only to the extent it shows predisposition “both prior to and independent of the government acts.”

That limit matters. Statements a person makes after an officer spent days wearing down his resistance are weak proof of what he was inclined to do before the officer appeared. Munoz also said a judge may rule entrapment as a matter of law even when the State presents prior convictions. Our attorneys at The Brancato Law Firm separate the record into what the client said before inducement and what he said after it, and we build the predisposition argument around that timeline.

When does police misconduct violate due process?

Police misconduct violates due process, and bars the prosecution entirely, when law enforcement’s methods are so outrageous that a court will not let the case go forward regardless of the defendant’s predisposition. Munoz held that section 777.201 replaced the older objective test, but it preserved this due process defense for “egregious law enforcement conduct.” Two Florida Supreme Court decisions show what that looks like.

In State v. Glosson, 462 So. 2d 1082 (Fla. 1985), an informant was promised 10 percent of the civil forfeitures from the cases he developed, and he had to testify and cooperate in the prosecutions to get paid. The Court held that a trial court may dismiss charges on due process grounds when an informant stands to gain a contingent fee conditioned on testimony that is critical to the prosecution.

In State v. Williams, 623 So. 2d 462 (Fla. 1993), the Broward County Sheriff’s Office turned seized powder cocaine into crack cocaine for reverse-sting operations, and some of it was lost into the community. The Court held that illegally manufacturing crack for a reverse sting within 1,000 feet of a school violated due process and reversed the conviction. Cases like these are rare, and our attorneys raise objective entrapment only when the record supports it, because judges take the claim seriously only when it is precise.

How does entrapment work in online sting cases?

Online sting cases are where Florida’s entrapment law is most often tested, because the entire conversation between the officer and the accused is usually preserved word for word. Charges in these cases typically include using a computer to solicit a minor and traveling to meet a minor under section 847.0135, Florida Statutes; the traveling charge is a second-degree felony. The statute applies even when the “child” is an adult officer, because it covers a person “believed by the person to be a child.”

The volume of these cases is large. In 2025, Internet Crimes Against Children task forces conducted nearly 347,000 investigations and arrested more than 17,000 people nationw

Entrapment is a common response to these charges, and research shows it rarely wins by itself. A national study published in 2005 in Sexual Abuse: A Journal of Research and Treatment, based on 2000 to 2001 case data, found that entrapment or police conduct was raised in 44 percent of undercover “proactive” cases, compared with 4 percent of cases involving real child victims. The same study found that 4 percent of offenders arrested in undercover cases had prior arrests for sexual offenses against minors, compared with 11 percent in real-victim cases, and the authors described the entrapment defenses they saw as common but not successful (Mitchell, Wolak, and Finkelhor, Crimes Against Children Research Center). That gap in prior records is why predisposition, not the raw fact of the sting, is usually the fight.

How DeMare v. State drew the line on adult-profile stings

In DeMare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020), a detective created a profile of an 18-year-old woman named “Amber” in the adult section of a dating site. Jason DeMare answered that adult profile. After four days of flirting as an adult, “Amber” said she was 14. DeMare immediately tried to end it and said sex would be illegal. The detective kept pressing: she said she liked older men, said her parents were out of town, accused him of being scared, and coaxed him for details. He had no record of offenses against minors.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, held that DeMare was entrapped as a matter of law, reversed his conviction for traveling to meet a minor, and ordered him discharged. The lesson is that an adult-profile start, a late age reveal, a clear refusal, and persistent police pressure can add up to entrapment that a judge must recognize without sending the case to a jury.

The same court has also shown the limits. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), a Sarasota County judge dismissed charges against a man who answered a 19-year-old’s profile but was told early and repeatedly that she was 14. The Second District reversed. It agreed he had shown a lack of predisposition, since he had no record of offenses against minors, but held that his own sexual messages created a question of predisposition for a jury, and that the operation was not outrageous enough to be objective entrapment. Our attorneys read every message with these two cases side by side. For more on the charges themselves, see our guides to solicitation of a child using a computer, what happens after a Tampa sex sting arrest, and what to do if you messaged a minor online.

Can entrapment get charges dismissed before trial?

Yes. Entrapment can end a case before trial through a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which allows dismissal when “there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt.” The State can defeat that motion by showing a real factual dispute, and on the motion the judge reads the evidence in the light most favorable to the State.

In Hillsborough County, in our firm’s experience, prosecutors contest nearly every entrapment motion in a sting case, and the decision to file one can change the plea discussions already underway. That makes timing a strategic call, not a formality. Losing the motion also does not end the defense. Because the statute sends entrapment to the trier of fact, the same evidence can be argued to a jury at trial, and jurors may weigh the officer’s persistence differently than a judge reading a cold transcript. Our Hillsborough County criminal defense team plans for both stages from the start.

What should you do if you think police entrapped you?

If you think police entrapped you, stop all contact, say nothing to investigators, and get a defense attorney before the case is charged or before your first court date. The steps below protect the evidence that an entrapment defense depends on.

1. Do not answer more messages from the account, and do not try to explain yourself to it.
2. Do not delete anything. Deleting messages can look like consciousness of guilt and can lead to a separate tampering charge; the full thread is often your best evidence.
3. Write down, privately and for your lawyer only, how the contact started and when the other person first raised anything illegal.
4. Decline any interview. Politely say you want a lawyer, then stop talking.
5. Call a defense attorney right away. If you believe you are under investigation but have not been charged, our representation before charges are filed can sometimes shape what the prosecutor decides.

Frequently asked questions about the entrapment defense in Florida

Is it entrapment if the officer pretended to be an adult first?

It can be. In DeMare, the Second District found entrapment as a matter of law where the officer posed as an 18-year-old, revealed a younger age days later, and kept pushing after the man refused. The Brancato Law Firm compares the timing of the age reveal and the officer’s pressure in every sting case we take, as our guide to vigilante predator catchers also discusses for civilian stings.

Who has the burden of proof for entrapment in Florida?

The defense must first prove inducement by a preponderance of the evidence, and must offer some evidence of lack of predisposition. The burden then shifts to the State to prove predisposition beyond a reasonable doubt under Munoz and section 777.201. Our attorneys at The Brancato Law Firm gather the background evidence, such as a clean record and the client’s history, that triggers that shift.

Does a prior criminal record defeat an entrapment defense?

Not automatically. Prosecutors may use prior conduct to argue predisposition, but Munoz said a judge may still find entrapment as a matter of law even when the State presents prior convictions, and the evidence must show predisposition formed before and independent of the police conduct. At The Brancato Law Firm, we look at whether a prior record has anything to do with the crime the officer was pushing.

Can entrapment charges be dropped in Florida?

Yes. Prosecutors can drop charges when the evidence of inducement is strong, and a judge can dismiss them on a successful motion. Our Tampa internet crimes defense attorneys present the inducement record to the prosecutor early when that gives the client the best chance at a dismissal or a reduced charge.

Is it entrapment if police only gave me the chance to commit a crime?

No. Florida courts hold that creating an opportunity to commit a crime is not entrapment; there must be persuasion or pressure that overcame a person who was not ready to commit it. The Brancato Law Firm looks for the moment the conversation turned and who turned it, because that is usually where the defense lives.

Can I raise entrapment if I have not been charged yet?

Entrapment is a defense raised in court, but the groundwork starts during the investigation, when the messages can be preserved and the prosecutor has not committed to a charge. Our attorneys at The Brancato Law Firm offer pre-file advocacy for people who believe a chat or a meeting is under investigation.

For how this fits into the rest of a case, see our overview of how a Florida criminal case moves from investigation to appeal.

Talk to a Tampa defense attorney about entrapment

The window to preserve a sting case’s best evidence closes quickly, often within days of the arrest. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour, and our attorneys will review how the contact started, who raised the crime, and whether an entrapment motion fits your case. Our office is two blocks from the courthouse, and we defend clients in Hillsborough, Pinellas, and Pasco Counties. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Sex sting cases are usually won or lost on the chat transcript, and the State controls how that transcript was made. I learned how these investigations are built as a Major Crimes Unit attorney handling sex crime cases, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have defended people arrested in Hillsborough County Sheriff’s Office sting operations. Our attorneys read every message, every timestamp, and every profile the detectives used before we advise a client on anything.

How do Tampa sex stings work?

Tampa Bay sex stings are undercover operations in which detectives pose online as a minor, or as a parent or relative offering a minor, and arrest the people who respond. In a four-day operation in April 2025, the Hillsborough County Sheriff’s Office arrested 15 people, according to a May 2025 Hillsborough County Sheriff’s Office press release. Detectives posed both as relatives of a juvenile offering to sell a minor and as juveniles on social media. Twelve people were arrested when they arrived at the meeting location, and 3 who agreed but did not show up were arrested later on warrants.

Operations can run much larger. In October 2025, the Sheriff announced 171 arrests from a months-long operation called Operation Unmasking Predators, with charges including human trafficking and traveling to meet a minor, according to news reports of the Sheriff’s announcement. In our experience, Hillsborough stings follow two patterns, and the pattern shapes the charges:

What charges come from a Tampa sex sting?

One conversation can produce several felonies. These are the charges our attorneys see most often in Hillsborough County sting cases:

Under section 847.0135, Florida Statutes, solicitation and traveling both reach “another person believed by the person to be a child,” so the absence of a real child is no defense. Each separate use of a phone or computer may be charged as a separate offense. Under section 787.06, Florida Statutes, the human trafficking count reaches commercial sexual activity involving “an adult believed by the person to be a child younger than 18,” and the statute bars any defense based on belief about age. Our article on solicitation of a child using a computer explains the solicitation statute in detail, and our post on human trafficking defense in Tampa covers the trafficking statute.

What happens in the first 48 hours after a sting arrest?

The first 48 hours set the tone for the whole case. After arrest, the person is booked into the Orient Road Jail and goes before a judge at first appearance, usually within 24 hours, where bond and release conditions are set. In our experience, judges in these cases commonly order no contact with minors and restrictions on internet use as conditions of release. The Sheriff’s Office often announces operations publicly with booking photos, so clients should prepare for that.

1. Do not explain the chats. Detectives often interview people right after arrest, and statements about intent fill the gaps in the State’s case.
2. Do not unlock or hand over your phone. Ask for a lawyer and let your attorney deal with any warrant.
3. Do not delete accounts or messages. Deleting evidence can lead to a separate tampering charge.
4. Save your own records. Write down the apps used, the profile you answered, and the timeline while it is fresh.
5. Call a defense attorney before first appearance if you can. Counsel can argue bond and conditions the first time a judge sees the case.

Our Hillsborough County criminal defense attorney page explains the local court process after an arrest.

Is entrapment a defense to a Tampa sex sting?

Yes, and it is the central defense in many sting cases. Florida’s subjective entrapment statute, section 777.201, Florida Statutes, applies when law enforcement induces a person to commit a crime the person was not ready and willing to commit. The statute puts the burden on the defendant to prove entrapment by a preponderance of the evidence, and the question of predisposition is usually for the jury. Objective entrapment, a due process doctrine, bars prosecution when police conduct is so outrageous it offends basic fairness.

The Second District, which covers Hillsborough, Pinellas, and Pasco Counties, has made clear that these motions are hard to win before trial. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), Sarasota County detectives created a profile of a 19-year-old on an adult website, and within minutes “Sophia” said she was 14. The trial court dismissed every charge as entrapment. The Second District reversed, holding that the defendant’s lack of any prior record showed lack of predisposition but that the chats themselves let reasonable people disagree, so a jury had to decide. It also held the sting was not outrageous enough to be objective entrapment.

When a judge will not dismiss, the jury still must hear the defense. In Oyler v. State, 162 So. 3d 200 (Fla. 5th DCA 2015), a detective posed as an 18-year-old on a dating site that barred minors, then asked if the man “like[d] younger girls” and said she was 13. The Fifth District reversed his conviction because the trial court refused an entrapment jury instruction and excluded evidence that he had never been arrested. Our attorneys build entrapment defenses for both stages: a motion to dismiss where the facts are undisputed, and a trial record that puts predisposition squarely before the jury. Our article on entrapment in Florida covers the doctrine in more depth.

Who gets caught in online sex stings?

Research shows many people arrested in these stings started on adult platforms and had no sex offense history. A 2023 Washington State Institute for Public Policy report, Whichard and Kelley’s Internet Stings and Operation Net Nanny, studied 299 arrests from Washington State Patrol stings between 2015 and 2022. In stings using a fictitious parent, 89.8% of contacts began on adults-only platforms, and 70.4% did in stings using a fictitious child. Only 2.9% of those arrested had a prior felony sex offense against a child.

Those findings do not decide any case, but they explain why predisposition evidence matters so much. A client with no record who answered an adult ad is in a very different position from someone who sought out a child, and our attorneys gather work history, character evidence, and, when helpful, a psychosexual evaluation to show the difference.

Can you be convicted of both solicitation and traveling?

Not for the same conduct. In State v. Shelley, 176 So. 3d 914 (Fla. 2015), the Florida Supreme Court held that convictions for both solicitation under section 847.0135(3) and traveling after solicitation under section 847.0135(4) violate double jeopardy when based on the same conduct, and the solicitation conviction must be vacated. When the State charges both counts from one conversation, our attorneys use Shelley to cut the exposure and the scoresheet.

Do you have to register as a sex offender after a sting conviction?

Yes, for most sting charges. Florida’s registration statute, section 943.0435, Florida Statutes, lists section 847.0135 (except subsection (6)) and section 787.06(3)(g) among the offenses that require registration. That is why the specific charge in any plea matters as much as the sentence. A plea to the charge as filed can carry lifetime registration, while an amended charge may not, and our attorneys evaluate every offer with registration in mind. Our overview of sex offender registration in Florida explains the requirements.

How is a child sex sting different from an escort sting?

An escort sting targets adults buying sex from adults and is usually charged as solicitation of prostitution, while a child sex sting adds a “minor” and turns the case into serious felonies with registration. Some operations blur the line, starting with an adult ad and introducing a minor partway through. Our article on Tampa escort stings covers adult prostitution stings, and our guide for people who messaged a minor online covers what to do before any arrest. If a private group rather than police confronted you, see our post on vigilante predator catchers in Florida.

Can a Tampa sex sting charge be reduced to a non-sex offense?

Yes. In an October 2026 Tampa sting case, our firm got a commercial human trafficking charge reduced to prostitution and unlawful use of a two-way communications device, and neither offense requires sex offender registration. Undercover officers had played the role of a trafficker offering teenage girls, and the State had our client on video agreeing to pay for sex. No real children were involved. Rocky Brancato filed a motion to dismiss arguing that the officers entrapped the client and presented the firm’s mitigation report, and the client received a withheld adjudication and probation. You can read the full case on our case results page. Past results do not guarantee future outcomes.

Frequently asked questions about Tampa sex stings

Can sex sting charges be dropped in Tampa?

Yes. Charges can be dropped or reduced when the chats show the detective, not the client, drove the conversation, when intent evidence is weak, or when a client withdrew before any travel. The Brancato Law Firm presents those facts to prosecutors early, and when an investigation is still open, through pre-file advocacy.

What if the profile said the person was 18?

That fact supports the defense but does not end the case, because the charges turn on what you believed after the age was raised. Courts look at the whole conversation. Our attorneys at The Brancato Law Firm map exactly when the age came up and how the conversation changed afterward.

Can I be charged if I never drove to the meeting?

Yes. Computer solicitation is complete without travel, and people who agree but do not show up are often arrested later on warrants. The Brancato Law Firm uses the decision not to travel as evidence against predisposition, as explained on our internet crimes defense page.

Why is there a human trafficking charge when I only talked to a police officer?

Section 787.06(3)(g) covers commercial sexual activity involving an adult believed to be a child, so offering money in a parent-persona sting can support the charge even though no child existed. The Brancato Law Firm challenges whether the evidence actually shows a commercial transaction and the knowledge the statute requires.

Will my name be in the news after a Hillsborough sting?

Often, yes, because the Sheriff’s Office publicizes many operations with names and booking photos. The Brancato Law Firm focuses on the outcome that lasts, the court record, and advises clients on what can later be sealed if the case is dismissed.

Should I take a plea in a sex sting case?

Not before your attorney has reviewed the full chat logs and the registration consequences of the specific charge. Some pleas carry lifetime registration while amended charges may not. Our attorneys at The Brancato Law Firm compare every offer against the strength of the entrapment and intent defenses.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Call before you talk to detectives about the chats

Most sting cases are shaped in the first days, when a client decides whether to explain the messages, unlock a phone, or wait for a lawyer. Tampa Criminal Defense Attorney Rocky Brancato founded The Brancato Law Firm, P.A., and our attorneys defend sting cases throughout Hillsborough, Pinellas, and Pasco Counties. Call us at any hour at (813) 727-7159. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you just realized the person you were chatting with is underage, or you received a message from someone claiming to be a parent or a detective, the hours that follow can shape whether you are ever charged. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I handled sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office before going on to serve as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys represent people at this stage, before an arrest, and we read the full conversation before giving advice about what happens next.

What Should You Do Right Now If You Messaged a Minor Online?

Stop, preserve, stay silent, and call a lawyer. These five steps protect you whether the other person is a real teenager, an adult who lied about age, a detective, or a vigilante group:

Can You Be Charged for Messaging a Minor Online in Florida?

Yes. Under section 847.0135(3), Florida Statutes, it is a crime to knowingly use “any other device capable of electronic data storage or transmission” to “seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child” to engage in unlawful sexual conduct. No meeting is required. In Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004), a man arranged online to meet a “14-year-old boy” in Jacksonville who was actually a vice detective. The First District upheld his conviction and held that “the Internet communications alone constituted a prima facie case of guilt” under the statute.

Cashatt also matters for anyone who believed the other person was an adult. The court rejected the argument that the statute had no mental state as to age, holding that the statute is presumed to require knowledge “including the age of the child sought to be ‘lured.'” In practice, that means what you knew or believed about the person’s age is central to whether the solicitation statute applies.

Which Florida Charges Can Come From Online Messages to a Minor?

The charge depends on what was said, what was sent, and whether anyone traveled to meet. Our Tampa internet crimes attorney page covers each of these in more depth.

Registration follows from the list of qualifying offenses in section 943.0435, Florida Statutes, which includes section 847.0133 and section 847.0135 (other than subsection 6). Section 847.0133 defines a minor as “any person under the age of 18 years.” Our guide to sex offender registration in Florida explains what registration requires.

What If You Did Not Know the Person Was a Minor?

It depends on the charge. For computer solicitation, your belief about age is part of what the State must prove, so an adult profile, an adult photo, or a stated adult age can be strong evidence. For in-person sexual contact, the rule is the opposite: under section 800.04(3), Florida Statutes, “the perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense” to lewd or lascivious offenses involving someone under 16.

That difference is why the conversation should end the moment you learn the person may be underage. Our age of consent in Florida guide explains the age lines in Florida law.

Was It a Real Minor or a Police Sting?

Many of these cases involve no real child at all. In our practice, Hillsborough County Sheriff’s Office online stings follow two patterns: a deputy answers or posts an adult ad and then claims a teenage age once the conversation is under way, or a deputy poses as an adult offering access to a child. If you were talking with a detective, entrapment and charge-stacking defenses may apply; our post on solicitation of a child using a computer covers those defenses and the leading cases in detail.

Research on real cases points the other way from popular belief. In “Online ‘Predators’ and Their Victims,” published in American Psychologist in 2008 (vol. 63, pp. 111-128), researchers Janis Wolak, David Finkelhor, Kimberly Mitchell, and Michele Ybarra of the University of New Hampshire’s Crimes Against Children Research Center reported that in their national study of arrests, only 5 percent of offenders pretended to be teens when they met potential victims online, and 99 percent of victims of internet-initiated sex crimes were ages 13 to 17. The cases that reach court are usually about older teenagers and conversations that moved toward sex over time, which is why the full chat history matters.

How Do These Investigations Usually Start?

Most investigations start with a report from a parent, a platform, or a tip to the National Center for Missing and Exploited Children. NCMEC reports that in 2023, Florida law enforcement received more than 47,500 actionable CyberTipline reports, and more than 1,800 of them concerned suspected online enticement, including sextortion.

Signs you may already be under investigation include:

• The other person suddenly reveals an underage age after a sexual turn in the conversation.
• The account blocks you, disappears, or is replaced by a message from someone claiming to be a parent.
• Someone asks you to meet, then sends a location you do not recognize.
• A detective calls, leaves a card, or asks you to “come in and talk.”
• Your service provider notifies you of a legal request for your account records.

Our article on signs you are being investigated for a crime in Florida covers other warning signs.

Should You Talk to Police If a Detective Contacts You?

No, not without a lawyer. A detective who calls or knocks is usually trying to confirm that you were the person typing the messages, and a voluntary interview often supplies the identity proof the State does not yet have. You can politely decline to answer questions, decline consent to search your phone, and ask for your lawyer. If officers have a search warrant, do not resist, but do not discuss the case.

Early representation gives the defense a chance to act before the State’s charging decision. Our page on representation before charges are filed explains how our attorneys communicate with investigators and prosecutors on a client’s behalf. If the first contact came from a self-described predator-catcher group rather than police, see our post on vigilante predator catchers in Florida.

How Can a Defense Attorney Help Before You Are Charged?

A defense attorney can review the conversation, preserve evidence that helps you, and keep you from making the statements that most often prove the State’s case. Our attorneys focus on four questions in every case:

1. What did the messages actually say? Sexual talk is not always solicitation; the State must prove an attempt to seduce, solicit, lure, or entice.
2. What did you believe about age? The profile, the photos, and when age was first mentioned matter under Cashatt.
3. Can the State prove you sent the messages? Shared phones, shared accounts, and incomplete screenshots can leave doubt about identity.
4. Was there inducement? If a detective or decoy pushed the conversation toward sex after you pulled back, entrapment may apply.

Frequently Asked Questions About Messaging a Minor Online in Florida

Can I go to jail for texting a 16-year-old in Florida?

You can if the messages solicited sexual conduct, or if you sent obscene material, because Florida treats anyone under 18 as a minor for these offenses. The Brancato Law Firm reviews the actual messages before advising a client, since ordinary conversation is not a crime.

Should I delete the messages if I talked to a minor online?

No, deleting messages can lead to a tampering charge and can destroy proof that the other person claimed to be an adult. Our attorneys at The Brancato Law Firm preserve the full conversation so it can be reviewed for defenses; see our internet crimes defense page.

What if the minor said they were 18?

A stated adult age is strong evidence on the belief element of computer solicitation, but it does not help if the case involves in-person sexual contact with someone under 16. The Brancato Law Firm builds the defense around the exact point where age entered the conversation.

Can a parent press charges for messages to their child?

A parent can report the messages, but the State Attorney’s Office, not the parent, decides whether to file charges. Our attorneys at The Brancato Law Firm can contact the prosecutor before a decision is made; learn more about pre-file advocacy.

How long does an online solicitation investigation take in Florida?

It can take days in a sting case and months when police need records from an app or phone carrier, and an arrest can come without warning. The Brancato Law Firm advises clients during that window so they do not make statements that strengthen the case.

Can charges for messaging a minor be dropped in Florida?

Yes, charges can be declined or dismissed when the messages do not show solicitation, the State cannot prove who sent them, or entrapment applies. The Brancato Law Firm presents those problems to prosecutors early, and when a case is filed we file the motions that test them in court.

Call a Tampa Defense Attorney Before You Talk to Anyone

What you say in the first conversation with a detective can matter more than anything in the chat. Before you answer a call or open the door, talk with The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the conversation with you and tell you what to expect. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page, or our Tampa sex crimes lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested after an online conversation that turned out to be with a detective, the chat log is now the State’s whole case, and how that conversation started matters as much as how it ended. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and before private practice I handled sex crimes and child abuse cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I later served as Chief Operations Officer overseeing a staff of over 100 attorneys. Our attorneys are currently litigating entrapment motions in Hillsborough County Sheriff’s Office sting cases, and we read every message in the chat before deciding how to fight the charge.

What Is Solicitation of a Child Using a Computer in Florida?

It is knowingly using an electronic device to try to get a child, or someone you believe is a child, into unlawful sexual conduct. Section 847.0135(3), Florida Statutes, covers “a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission,” which includes phones, texting, and dating or social media apps. The statute creates two versions of the offense:

The statute states that “the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense.” That sentence does not eliminate entrapment. It means the use of a decoy is not a defense by itself, and the defense must show how the decoy acted. Our Tampa internet crimes attorney page explains how these investigations are run.

What Are the Penalties for Solicitation of a Child Using a Computer?

The base offense is a third-degree felony, and the penalties grow with the facts and the number of charges. The statute also says that “each separate use” of a device in which an offense is committed “may be charged as a separate offense,” so a multi-day chat can become several counts.

A conviction under section 847.0135, other than subsection (6), makes a person a “sexual offender” who must register under section 943.0435. The two-way communications device offense under section 934.215 is not on that registration list. In negotiated cases, whether a plea is entered to the solicitation charge as filed or to an amended charge can decide whether a client registers for life, so our attorneys check the registration consequence of every offer. Our guide to sex offender registration in Florida covers what registration requires.

How Do Online Sex Stings Work in Tampa Bay?

Most solicitation cases in Hillsborough, Pinellas, and Pasco Counties come from proactive stings, and the volume is large. Internet Crimes Against Children task forces nationwide conducted nearly 347,000 investigations and arrested more than 17,000 offenders in 2025, according to the U.S. Office of Juvenile Justice and Delinquency Prevention, which funds 61 task forces.

In our practice, Hillsborough County Sheriff’s Office stings follow two patterns. In decoy-profile stings, a deputy posts or answers an ad as an adult, then reveals a teenage age once the conversation is under way. In reverse stings, a deputy plays an adult, such as a mother or aunt, who offers access to a child, and those cases often add a human trafficking solicitation count. The leading Florida Supreme Court case on these charges began the same way: in State v. Shelley, 176 So. 3d 914 (Fla. 2015), Dean Shelley answered a Craigslist ad in Hillsborough County posted by an officer posing as a single mother, arranged over several days to meet her and her fictitious ten-year-old daughter, and was arrested when he arrived.

Research suggests sting arrestees differ from offenders who target real children. A study of arrests from July 2000 to June 2001, Police Posing as Juveniles Online to Catch Sex Offenders: Is It Working? by Kimberly Mitchell, Janis Wolak, and David Finkelhor of the University of New Hampshire’s Crimes Against Children Research Center, published in Sexual Abuse: A Journal of Research and Treatment in 2005, found that undercover investigations accounted for 25 percent of arrests for internet sex crimes against minors. Only 4 percent of offenders caught posing as juveniles had a prior arrest for a sexual offense against a minor, compared with 11 percent of offenders who met real victims online. Those numbers are a reason to examine predisposition closely in every sting case.

Can You Use Entrapment as a Defense to Online Solicitation in Florida?

Yes. Florida’s entrapment statute, section 777.201, applies when law enforcement induces a crime using methods that “create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.” Once the defendant presents evidence of a lack of predisposition, the State must rebut it beyond a reasonable doubt. When the chat itself is undisputed, a judge can decide entrapment as a matter of law on a sworn motion to dismiss.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, did exactly that in DeMare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020). A detective created an 18-year-old profile named “Amber” on the dating site Meetme.com, chatted with Jason DeMare as an adult for four days, and revealed she was 14 only when plans became concrete. DeMare “immediately tried to end the relationship,” told her sex would be illegal, and was then repeatedly pressed by the detective. The court found that “his reluctance to violate the law was overcome by law enforcement inducement,” reversed his traveling conviction, and ordered him discharged.

Entrapment does not win every sting case. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), a Sarasota County judge dismissed solicitation and traveling charges on entrapment grounds, but the Second District reversed. The decoy there said she was 14 early and repeatedly, and Ernest Panebianco “readily engaged in sexual discussions”; his worries about police reflected “a fear of being caught rather than an unwillingness,” so predisposition was a question for a jury. The difference between the two cases is in the messages, which is why our attorneys build a timeline of who raised age, sex, and meeting first.

Can You Be Convicted of Both Solicitation and Traveling to Meet a Minor?

Usually not, when both charges rest on the same conduct. In Shelley, the Florida Supreme Court held that the Legislature did not authorize separate punishments for solicitation and traveling after solicitation, and because the elements of solicitation “are entirely subsumed” by traveling, “double jeopardy principles prohibit separate convictions based upon the same conduct.” The court approved vacating Shelley’s solicitation conviction.

In Lee v. State, 258 So. 3d 1297 (Fla. 2018), the court added that, to decide whether solicitation, unlawful use of a two-way communications device, and traveling convictions rest on the same conduct, “the reviewing court should consider only the charging document—not the entire evidentiary record.” In Dettle v. State, 395 So. 3d 1054 (Fla. 2024), the court held that Lee does not apply retroactively to cases already final in 2018, which makes raising the issue at trial and on direct appeal essential. Our attorneys read the charging information count by count for this problem.

What Other Defenses Apply to Computer Solicitation Charges?

Beyond entrapment and double jeopardy, the defense depends on what the messages show and who sent them. Our attorneys look at these issues in every case:

1. No solicitation in the words used. The State must show an attempt to seduce, solicit, lure, or entice, not just sexual talk or fantasy.
2. Belief about age. The State must prove the defendant believed he was talking with a child; an adult profile and an adult photo can undercut that belief.
3. Identity of the sender. Shared phones, shared accounts, and incomplete extractions can leave doubt about who typed the messages.
4. Missing messages. Detectives sometimes preserve screenshots instead of full exports; our forensic review looks for gaps in the conversation.
5. Objective entrapment. Police conduct so outrageous that it violates due process bars prosecution, though courts apply this narrowly.
6. Charge stacking. Separate counts for one continuous conversation, and solicitation plus traveling for the same conduct, can be challenged before trial.

For the related travel charge and vigilante cases, see our posts on what to do if you messaged a minor online, Tampa sex sting defense, and vigilante predator catchers.

What Should You Do If You Are Under Investigation for Online Solicitation?

Stop all contact, preserve your devices, and talk to a lawyer before talking to police. These steps protect the defenses described above:

1. Do not delete anything. Deleting messages or apps can look like consciousness of guilt and can destroy messages that support entrapment.
2. Do not contact the other account again. Every new message is new evidence and may be a separate count.
3. Do not consent to a phone search or interview. Politely decline and ask for a lawyer.
4. Write down the timeline of how the conversation began, which site or app was used, and what the profile said about age.
5. Call counsel immediately. Representation before charges are filed can shape how the State Attorney’s Office views the case.

Frequently Asked Questions About Solicitation of a Child Using a Computer

Is solicitation of a minor a felony if no real child was involved?

Yes, because the statute covers “a person believed by the person to be a child,” and the use of an undercover officer is not a defense by itself. The Brancato Law Firm focuses on how the detective presented the decoy’s age and who pushed the conversation toward sex.

Do I have to register as a sex offender for a computer solicitation conviction?

Yes, a conviction under section 847.0135(3) is a qualifying offense under section 943.0435. Our attorneys at The Brancato Law Firm review whether any plea offer includes an amended charge that avoids registration; see our internet crimes defense page.

Can computer solicitation charges be dropped in Florida?

Yes, charges can be dismissed on a successful entrapment motion, reduced through negotiation, or dropped when the evidence does not prove solicitation. The Brancato Law Firm files sworn motions to dismiss when the chat shows a detective overcame a client’s reluctance, as happened in DeMare.

What if the profile said the person was 18?

An adult profile does not end the case if the decoy later claimed to be a minor, but it is strong evidence on belief and predisposition. Our attorneys at The Brancato Law Firm build the defense around the exact point where age was introduced; our entrapment guide explains why that timing matters.

Can I be charged with traveling to meet a minor if I never got out of my car?

Yes, the traveling statute covers anyone who “travels any distance” or “attempts to do so” after a prohibited solicitation, so driving to the meeting place can be enough. The Brancato Law Firm examines whether the travel was for the purpose the statute requires and whether the solicitation count must be vacated under Shelley.

Can I be charged for each message I sent?

The statute allows each separate use of a device in which an offense is committed to be charged as a separate offense, though one conversation is usually not charged message by message. Our attorneys at The Brancato Law Firm challenge counts that split one continuous conversation into multiple crimes.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Talk to a Tampa Defense Attorney About a Computer Solicitation Charge

The first decision in these cases, whether to file an entrapment motion or negotiate, depends on the full chat, so getting it reviewed early matters. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will start with the complete conversation and the profile that began it. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Major Crimes Unit attorney who handled sex crime cases, I have watched vigilante sting videos become the opening exhibit in criminal cases, often before anyone has called a lawyer. I’m Rocky Brancato, and in more than 25 years in Hillsborough County courtrooms and 150+ jury trials to verdict, I have learned that a video built for views is not the same as evidence built for court. Our attorneys defend people targeted by these groups across Hillsborough, Pinellas, and Pasco Counties, and the earliest calls give us the most to work with.

What Is a Vigilante Predator Catcher?

A vigilante predator catcher is a private person or group that poses as a minor online, steers the conversation toward sex, arranges a meeting, and then confronts the target on camera, often for a livestream or a monetized video. These groups are not police. They have no training in preserving evidence, no duty to give Miranda warnings, and often a financial reason to make the encounter as dramatic as possible.

Our attorneys have seen at least two kinds of groups working in the Tampa Bay area, both from out of state. One has physically confronted targets on camera and used edited photos to make its decoys look younger in chats. The other avoids violence and works closely with law enforcement. Both report to police, both post footage online, and both are active on dating apps, including apps used by gay men.

Can You Be Charged After a Vigilante Sting in Florida?

Yes. Florida’s internet solicitation law, section 847.0135(3), Florida Statutes, makes it a crime to use a computer or device to “seduce, solicit, lure, or entice” “a child or another person believed by the person to be a child” to commit an illegal sexual act. The traveling-to-meet-a-minor provision in section 847.0135(4) uses the same “believed by the person to be a child” language. Because the statute turns on what the accused believed, it does not matter that the “child” was an adult volunteer.

Maximum terms come from section 775.082 and section 775.083, Florida Statutes. Our post on traveling to meet a minor in Tampa explains that charge in detail, and our guide to what to do after messaging a minor online covers the first steps.

Can You Use Entrapment as a Defense Against a Vigilante?

Usually not, unless police were involved. Florida’s entrapment statute, section 777.201, Florida Statutes, applies when “A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer” induces the crime. A private group acting entirely on its own is none of those. The defense must prove entrapment by a preponderance of the evidence.

Federal courts say the same. In United States v. Morris, 549 F.3d 548 (7th Cir. 2008), where the first person to pose online as the girl was her mother, a private citizen, the court wrote: “There is no defense of private entrapment.” That opinion quoted University of Florida Journal of Law and Public Policy scholarship warning that cheap online stings allow “private entrapment to become rampant” (Dru Stevenson, Entrapment by Numbers, 16 U. Fla. J.L. & Pub. Pol’y 1 (2005)).

The answer changes when the group is not really acting alone. If officers asked the group to run the sting, fed it information, coordinated the meeting, or kept using its methods while knowing how it worked, the group may be “engaged in cooperation with” or “acting as an agent of” law enforcement under section 777.201. Our attorneys subpoena the communications between the group and the agency to find out which side of that line the case falls on.

There is also a due process route. In Munoz v. State, 629 So. 2d 90 (Fla. 1993), the Florida Supreme Court held that section 777.201’s subjective test governs “in the absence of egregious law enforcement conduct,” but that when the conduct is egregious, entrapment “is to be evaluated under the due process provision of article I, section 9, of the Florida Constitution.” Our post on understanding entrapment explains both tests.

What Defenses Work When Police Were Not Involved?

The evidence itself. A vigilante group decides what to save, what to post, and what to cut, and the State usually inherits whatever the group chose to keep. Our attorneys focus on these points:

1. Missing or edited chats. We demand the complete message history from the platform, not screenshots, and compare it line by line with what the group posted.
2. Who raised sex and age first. The full thread often shows the decoy steering the conversation, which matters to intent even when entrapment is unavailable.
3. Authentication. The State must prove the messages came from the accused and the decoy account was what it claimed to be.
4. Intent and belief. The statute requires proof the person believed he was dealing with a child; adult-only platforms, adult photos, and role-play cues can undercut that.
5. Video reliability. Edited livestreams, missing raw footage, and statements obtained through threats or force are open to challenge.
6. The group’s own conduct. Payments, monetization, and prior violence go to bias and credibility.

Our Tampa internet crimes attorney page explains how we handle digital evidence, and our Tampa sex sting guide covers police-run operations.

Can Vigilante Groups Commit Crimes Themselves?

Yes. Private citizens have no special legal protection when they confront someone. Holding a person in place against his will can support a false imprisonment charge under section 787.02, Florida Statutes, and physical contact can be battery under section 784.03. Under section 836.05, Florida Statutes, anyone who “maliciously threatens to expose another to disgrace” with intent “to extort money or any pecuniary advantage” commits a second-degree felony.

If a group demanded money to keep a video offline, or held you in place to film you, write down what happened and keep every message. That conduct can affect the credibility of the group’s evidence, and it may be a crime in its own right.

How Much Online Exploitation Reporting Comes From Florida?

A great deal. Florida generated 66,861 CyberTipline reports to the National Center for Missing & Exploited Children in 2023, third among the states behind California and Texas, out of 1,132,270 reports resolving to U.S. states, according to NCMEC’s 2023 CyberTipline Reports by State. NCMEC makes those reports available to Internet Crimes Against Children task forces and other law enforcement.

That volume is why police in Tampa Bay run their own online stings, and why a vigilante video that reaches a detective can turn into a real investigation weeks after the confrontation.

What Should You Do If a Predator Catcher Group Confronted You?

• Do not argue on camera or explain. Anything you say becomes part of the video and can reach a prosecutor.
• Do not contact the group or pay anyone. Payment does not make a video disappear, and contact creates new evidence.
• Preserve your own records. Keep your phone, the app, and the full message history; do not delete accounts.
• Write down what happened during the confrontation, including any force, threats, or demands for money.
• Call a defense lawyer before police call you. Many of these cases are still investigations when people reach us.

Our representation before charges are filed can include contacting the detective and presenting the missing context to the State Attorney’s Office before a charging decision. In Hillsborough County, those decisions are made by the State Attorney’s Office for the 13th Judicial Circuit; our Hillsborough County criminal defense attorney page explains the local process.

Frequently Asked Questions About Vigilante Predator Catchers in Florida

Can I be arrested based on a predator catcher video?

Yes. Police can investigate and file charges based on footage, chat logs, or a tip from a group, and the State can use that material if it can authenticate it. The Brancato Law Firm demands the complete records behind the video; see our Tampa sex crimes lawyer page.

What if the group never called the police?

You are not necessarily in the clear, because a viral video or a viewer’s tip can start an investigation later. Our attorneys at The Brancato Law Firm often step in during that window, before any arrest.

Is it a crime if the “child” was really an adult?

It can be, because sections 847.0135(3) and (4) cover “another person believed by the person to be a child.” The Brancato Law Firm focuses on what the accused actually believed, using the full chat record; our traveling to meet a minor guide has more.

Can vigilantes record me without my consent in Florida?

Often yes, because Florida’s wiretap law protects an oral communication only when it is made with an expectation of privacy “under circumstances justifying such expectation” under section 934.02(2), Florida Statutes, so video in a public parking lot is rarely barred, although force, threats, and extortion can still be crimes. Our attorneys at The Brancato Law Firm review how every recording was made and what was cut from it.

Do these groups have to preserve the evidence?

No, private groups have no duty to preserve evidence the way police do, which is why missing messages and edited footage are often the heart of the defense. The Brancato Law Firm subpoenas platform records directly; our internet crimes defense page explains how.

Can a predator catcher sting lead to human trafficking charges?

Usually not, since most of these cases are charged as solicitation or traveling to meet a minor, but the charge depends on what was said about money and other people. The Brancato Law Firm reviews the exact allegations; see our human trafficking defense guide.

Talk to a Tampa Defense Attorney Before the Video Becomes a Case

If a group confronted you, posted a video of you, or demanded money, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before you speak with anyone else. We may be able to keep the matter from becoming an arrest, and if charges come, we start building the defense from the full record. You can call us at any hour, confidentially. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida prosecutor who charges prostitution has to prove more than sex. The State must prove that sexual activity was offered, requested, or exchanged for hire, and judges look first at the words and the payment that connect the two. I have watched that element decide cases for more than 25 years in Hillsborough County courtrooms. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, a veteran of the Public Defender’s Major Crimes Unit, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys.

Our attorneys defend people accused of prostitution, solicitation, and related offenses in Hillsborough, Pinellas, and Pasco Counties. This guide explains what Florida law allows, what it forbids, where the penalties climb, and how a prostitution case can turn into a human trafficking case.

Is prostitution legal anywhere in Florida?

No. Prostitution is a crime in every Florida county and city, and Florida has no licensed brothels, red-light districts, or tolerance zones. Section 796.07 applies the same way in Tampa, St. Petersburg, Miami, Orlando, and everywhere else in the state, so the answer to where prostitution is legal in Florida is nowhere. Nevada is the state known for licensed brothels: Nevada law allows prostitution only inside a licensed house of prostitution, and Florida has never adopted that system.

A reputation does not change the law either. Nebraska Avenue in Tampa has long been known for street prostitution, and Tampa Police and the Hillsborough County Sheriff’s Office regularly run undercover operations in that corridor, including reverse stings in which officers pose as sex workers. A person arrested there faces the same statute, the same penalties, and the same Hillsborough County criminal court as anyone else.

What Florida does not criminalize is sex between consenting adults. The crime is sex for hire. Florida’s Fifth District Court of Appeal made that point in Haddaway v. State, 891 So. 2d 631 (Fla. 5th DCA 2005), a case in which officers saw a woman performing oral sex on a driver in a parked car and charged her with prostitution. The State never called the driver or offered other proof that she was paid. The court reversed her conviction and ordered her discharged, holding that “payment for sex is a core element of the crime” and that section 796.07 “does not prohibit consenting adults from engaging in sex.” Our attorneys at The Brancato Law Firm start every prostitution case by asking what evidence, if any, proves the payment.

What does Florida’s prostitution law prohibit?

Section 796.07, Florida Statutes, defines prostitution as “the giving or receiving of the body for sexual activity for hire,” excluding sexual activity between spouses, and then lists nine prohibited acts in subsection (2). The statute defines sexual activity as oral, anal, or female genital penetration by or union with another person’s sexual organ, penetration by an object, or handling or fondling another person’s sexual organ for masturbation. It also reaches lewdness, meaning any indecent or obscene act, and assignation, meaning making an appointment or engagement for prostitution or lewdness.

Two trial rules in subsection (3) work in the State’s favor. Testimony about the reputation of the place, of the people who live in or frequent it, and of the defendant is admissible to support the charge, and a police officer may testify as the offended party. Those rules make the defense’s own investigation of the location and the witnesses important, and our Tampa sex crimes attorney page explains how our firm defends the full range of these charges.

Is escorting legal in Florida?

Yes, escorting is legal in Florida when the client pays only for time and companionship, such as a dinner date or an event, and no sexual activity is part of the arrangement. No Florida statute makes paid companionship itself a crime; the legal line is section 796.07’s definition of prostitution. Once money or another form of payment is tied to sexual activity, the arrangement is prostitution for the escort and soliciting or purchasing for the client, whatever the ad, the agency, or the website calls it.

The label on the payment does not decide the case; the conversation does. Prosecutors read texts for code words that tie a “donation” to a sex act, and defense lawyers read the same texts for what was never said. In a reverse sting, that conversation is often with a detective, which is the subject of our guide to Tampa escort stings.

If prostitution is illegal, why are escort sites everywhere?

Escort websites stay online because an ad for companionship is not, by itself, an offer of sex for hire under section 796.07, and the law is enforced against the people who use those ads to arrange paid sex. Every Florida user is bound by the statute the moment a message ties payment to sexual activity.

The volume is large. Between July 1 and October 2, 2024, researchers counted 340,389 commercial sex ads posted in Florida, according to the 2024 State Report on Human Trafficking from the University of South Florida’s Trafficking in Persons Risk to Resilience Lab, which a 2023 Florida law made the state’s repository for anonymous human trafficking data. The report cautions that an ad count does not by itself show trafficking, but the number explains why Florida police agencies use escort sites as an investigative tool, and why our attorneys treat the ad and every message as evidence to be obtained in full.

Is sugar dating legal in Florida?

Sugar dating is legal in Florida when the relationship is a relationship and the money is not payment for sexual activity. An allowance, gifts, or travel given to someone you are dating does not violate section 796.07 by itself, because the statute requires sexual activity “for hire.” The risk comes when the terms are explicit: a message that sets a price per meeting and ties it to sex reads like the same offer and solicitation the statute punishes, whether it was sent through a sugar dating app or an escort site.

The State still has to prove the exchange. Under Haddaway, the exchange of “money or some sort of financial consideration” is a core element that must be proven with competent evidence. Our attorneys at The Brancato Law Firm review the full message history in these cases, because one line pulled out of a months-long relationship can make an ordinary arrangement look like a transaction.

Is OnlyFans or webcam work prostitution in Florida?

Selling solo adult content online is generally not prostitution under section 796.07, because the statute’s definition of sexual activity requires contact with another person’s body, such as penetration, union with another person’s sexual organ, or handling another person’s sexual organ. A creator who performs alone on camera for paying adult subscribers does not give the body to a buyer for that kind of activity.

Three situations change the analysis. An in-person meeting with a subscriber for paid sex is prostitution and soliciting like any other. Everyone shown in the content must be an adult, and child pornography laws apply regardless of anyone’s consent. And Florida’s human trafficking statute, section 787.06, counts “the production of pornography” as commercial sexual activity, so coercing an adult or involving a minor in content production can be charged as trafficking. Our guide Is Porn Legal in Florida? covers the age verification and obscenity rules for adult content, and The Brancato Law Firm advises creators who are contacted by detectives about their accounts.

Are massage parlors and “happy ending” massages legal in Florida?

Licensed therapeutic massage is legal in Florida, but a massage that includes sexual activity for a fee is prostitution, and Florida punishes a massage business used for prostitution more harshly than other locations. Under section 796.07(7), when a place operated for prostitution under paragraph (2)(a) is a massage establishment that is or should be licensed, a first offense rises from a second-degree misdemeanor to a first-degree misdemeanor, a second offense becomes a third-degree felony, and a third becomes a second-degree felony. A customer who pays for a sexual extra is usually charged with soliciting under section 796.07(2)(f) or purchasing under section 796.07(2)(i).

Massage law adds its own rules. Section 480.0485 prohibits sexual misconduct by massage therapists, and section 480.0475 bars most massage establishments, other than those in places such as hotels and health care facilities, from operating between midnight and 5 a.m. or letting anyone live or sleep on the premises. A first violation of section 480.0475 is a first-degree misdemeanor, and a second is a third-degree felony.

Florida has many of these businesses. The USF 2024 State Report on Human Trafficking counted 1,207 illicit massage businesses operating in Florida in 2024, using data from the counter-trafficking organization The Network, and found that illicit massage locations across Florida grew 47% from 2019 to 2024. In its 2025 Florida data, the National Human Trafficking Hotline listed illicit massage and spa businesses as the most frequently identified specific venue for sex trafficking cases in the state, with 49 cases.

Massage parlor cases also raise search-and-seizure issues. In State v. Kraft, 301 So. 3d 981 (Fla. 4th DCA 2020), the case that included New England Patriots owner Robert Kraft, police obtained a warrant to hide cameras in the massage rooms of a Jupiter day spa and record for up to five days, and Kraft was charged with two misdemeanor counts of soliciting prostitution. The Fourth District Court of Appeal affirmed orders suppressing all of the video because the warrants contained no instructions to minimize the recording of innocent customers, and innocent spa clients were recorded undressed. The lesson for anyone charged after a massage business investigation is that how the evidence was gathered can matter as much as what it shows, and The Brancato Law Firm examines every warrant and recording for those defects.

Are strip clubs legal in Florida?

Yes. Adult entertainment clubs are legal in Florida for adult customers, subject to local licensing and the state’s laws on nudity, alcohol, and age. What a customer may not do is pay a dancer for sexual activity, which is prostitution and soliciting under section 796.07, or commit lewd acts the law prohibits.

Since July 1, 2024, section 787.30, Florida Statutes, created by HB 7063 (chapter 2024-184, Laws of Florida), has made it a crime for an owner, manager, employee, or contractor of an adult entertainment establishment to knowingly let anyone under 21 perform or work there. It is a first-degree misdemeanor, or a second-degree felony if the person under 21 performs or works nude, the club must check government identification, and ignorance or misrepresentation of age is not a defense. Our guide Heading to the Tampa Strip Clubs? covers the legal issues customers and workers run into at Tampa clubs.

What are the penalties for prostitution in Florida?

Florida’s prostitution penalties depend on two things: whether the charge is soliciting under section 796.07(2)(f) or one of the other prohibited acts, and how many prior violations the person has. Soliciting carries the steeper ladder. The maximum terms and fines come from section 775.082 and section 775.083.

A solicitation conviction also brings 100 hours of community service, a paid educational program if the circuit has one, and a possible vehicle impoundment of up to 60 days, and any outcome other than an acquittal or a dismissal triggers a $5,000 civil penalty under section 796.07(6). A person charged with a third or later violation other than soliciting must be offered pretrial intervention or a substance abuse treatment program under section 796.07(4)(b). Our guide to escort sting arrests in Tampa walks through the solicitation add-ons in detail, and our post on felony vs. misdemeanor charges in Florida explains how the degrees compare.

What has changed in Florida prostitution law since 2023?

Florida’s penalty ladder for prostitution and soliciting is the same in 2026 as it was in 2023, and three recent changes surround it.

HB 7063 did not amend section 796.07 or change prostitution penalties. Its effect on prostitution cases is indirect, through the age rule for adult clubs and the state’s broader anti-trafficking program.

When does a prostitution case become human trafficking?

A prostitution case becomes a human trafficking case under section 787.06 when the State alleges that an adult was coerced or that the other person was under 18 or believed to be under 18. Florida’s definition of human trafficking includes soliciting, purchasing, patronizing, or obtaining another person for exploitation, and its definition of commercial sexual activity includes any violation of chapter 796. That means a paid encounter that would be a misdemeanor between consenting adults can be charged as a felony when the other person was trafficked and the State can prove the accused acted knowingly or in reckless disregard of the facts.

Two rules make the minor cases unforgiving. Under section 787.06(10), ignorance of the person’s age, a lie about age, or an honest belief about age is not a defense, and under section 787.06(12), a minor’s consent is not a defense. Both Florida trafficking charges in the table also require sex offender registration under section 943.0435. Prostitution remains the more common offense: the USF 2024 report found three to four times as many prostitution offenses as human trafficking offenses in FDLE data. Trafficking cases still add up, and the National Human Trafficking Hotline identified 904 human trafficking cases in Florida in 2025, involving 1,416 victims.

Sting cases in which a detective claims to be a minor follow their own rules, covered in our Tampa Bay online sex sting defense guide, and our Tampa human trafficking defense page explains how those felonies are defended. Our attorneys at The Brancato Law Firm treat any mention of age in the messages as the most important fact in the file.

What consequences follow a prostitution charge besides jail?

A prostitution or solicitation case can follow a person long after the sentence ends. The most common consequences are these:

• The $5,000 civil penalty. A solicitation charge that ends in anything other than an acquittal or a dismissal carries the penalty under section 796.07(6), even when adjudication is withheld.
• A criminal record. The arrest and the outcome appear on background checks unless the record is sealed or expunged, and an outcome without an adjudication of guilt can keep that option open.
• Public exposure. Arrest records and booking photos are public. Florida’s public database of solicitation convictions ended on January 1, 2024, but agencies still publicize large operations.
• Professional licenses. Nurses, teachers, massage therapists, and other licensed professionals may have to report an arrest or a plea to a licensing board.
• Immigration. Prostitution-related offenses can carry immigration consequences, so a non-citizen should get advice before entering any plea. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Registration. An adult conviction under section 796.07 does not require sex offender registration, but the trafficking charges described above do.

How do our attorneys defend prostitution and solicitation charges?

Our attorneys defend these charges by testing each element the State must prove and using what that review shows to push for a dismissal, a diversion, or a trial. The work usually follows six steps:

1. Hold the State to the payment element. Under Haddaway, payment for sex must be proven with competent evidence, and a case built on what officers saw without proof of payment can fail.
2. Read every message in context. We obtain the full conversation, including who first raised money and whether a price was ever tied to a sex act.
3. Challenge how the evidence was gathered. We review warrants, phone searches, recordings, and any statements, and file a motion to suppress when the law supports one, as the defense did successfully in Kraft.
4. Raise entrapment when police induced the offense. Our entrapment defense guide explains the test Florida courts apply.
5. Negotiate diversion or a reduction. We press for a pretrial diversion agreement or a charge that avoids the solicitation penalties, and we hold the State to the mandatory pretrial intervention offer in section 796.07(4)(b) when it applies.
6. Protect the record. We aim for a dismissal or an outcome without an adjudication of guilt, which can avoid the civil penalty and keep sealing or expunction available.

What should you do if you are under investigation or were just arrested?

Say nothing about the facts, keep every message, and call a defense lawyer before the State Attorney’s Office decides what to file. After an arrest, prosecutors review the reports and decide which charge, if any, to file, and our pre-file advocacy puts the weaknesses in front of the prosecutor before that decision is made. If a detective calls before any arrest, the call is often part of building the case, and our firm can speak with the detective for you.

Do not delete messages, apps, or call logs after an arrest, because deleting evidence can create a new legal problem and the full conversation is often what helps you. Write down what happened while it is fresh, share it only with your lawyer, and keep the paperwork that shows your first court date.

Frequently asked questions about Florida prostitution law

Is it illegal to offer to pay for sex in Florida even if nothing happens?

Yes, an offer is enough, because section 796.07(2)(f) makes it a crime to solicit, induce, entice, or procure another person to commit prostitution, so the offense can be complete before any money changes hands or anyone meets. The Brancato Law Firm looks closely at whether the words actually tied payment to a sex act, which is often the weakest point in a Tampa solicitation sting case.

Are brothels legal in Florida?

No, brothels are illegal in Florida: operating any place for prostitution violates section 796.07(2)(a), and knowingly renting space for it violates section 796.06. Our attorneys at The Brancato Law Firm defend property owners, managers, and workers charged under both statutes, including the higher penalties that apply when the location is a massage establishment.

Is a happy ending massage legal in Florida?

No, paying for sexual touching during a massage is prostitution for the provider and soliciting or purchasing for the customer under section 796.07, even at a licensed business. The Brancato Law Firm reviews how these cases were investigated, including hidden-camera evidence of the kind the Fourth District suppressed in State v. Kraft.

Is prostitution a felony in Florida?

It can be: a third or later prostitution offense is a third-degree felony, a second solicitation offense is a third-degree felony, and a third solicitation offense is a second-degree felony under section 796.07. The Brancato Law Firm checks every prior conviction the State relies on, because the count of priors is what moves a case from misdemeanor to felony, as our guide to Florida felony degrees explains.

Can prostitution charges be dropped in Florida?

Yes, prostitution and solicitation charges can be dropped when the proof of payment is weak, when key evidence is suppressed, or through a diversion program the prosecutor agrees to. Our attorneys at The Brancato Law Firm often start before a charge is filed, through representation before charges are filed, while the prosecutor’s decision is still open.

Do you have to register as a sex offender for prostitution in Florida?

No, an adult conviction under section 796.07 is not on Florida’s registration list in section 943.0435, but human trafficking convictions under section 787.06(3)(b), (d), (f), or (g) are. The Brancato Law Firm screens every plea offer against that list, and our sex crimes defense practice handles the trafficking cases where registration is at stake.

¿Es legal la prostitución en Florida?

No, la prostitución es ilegal en todo el estado de Florida, incluidos Tampa, Miami y Orlando, y la ley castiga tanto a quien ofrece servicios sexuales como a quien paga por ellos. The Brancato Law Firm tiene personal que habla español, y el abogado Jean-Luc Adrien habla español, criollo haitiano y francés; lea más sobre nuestros servicios de defensa penal en español.

Call before your first court date

Your first court date, printed on the paperwork you received at release, is the deadline to plan around, and the work that helps most happens before it. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends prostitution, solicitation, and related charges across Hillsborough, Pinellas, and Pasco Counties, and our attorneys will request the reports and messages, raise diversion with the prosecutor, and protect your record from the start. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

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

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Escort stings in Tampa are built on text messages and recordings, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms learning how much those records decide. Our attorneys start every sting case by getting the complete chat log and every recording, because an arrest report summarizes the conversation in the way that best fits the State’s theory.

How do escort and prostitution stings work in Tampa?

A Tampa escort sting puts an undercover detective on one side of a paid-sex conversation and arrests the person on the other side once the conversation reaches an offer, an agreement, or a meeting. In Hillsborough County, these operations are run mainly by HCSO’s Human Trafficking Section and the Tampa Police Department, and they take four common forms.

Street operations in Tampa have long centered on the Nebraska Avenue corridor, where Tampa Police and HCSO run reverse stings with officers posing as sex workers, as our firm explains in its guide Is Prostitution Legal in Florida? Online operations follow the same logic on a phone screen, and they fall within the work of our Tampa internet crimes attorney team as well as our sex crimes practice.

These operations are frequent and large. HCSO’s “Operation Relentless Summer,” which ran from June 8 to August 5, 2026 and included undercover online chat and hotel and motel operations, produced 116 arrests, according to an HCSO news release from August 2026. An earlier HCSO operation, from January 1 to February 6, 2026, produced 89 arrests and 1,217 felony charges, HCSO reported in March 2026. HCSO also reported in 2026 that its Human Trafficking Section has made 1,343 arrests since it was created in 2021.

Those totals mix adult solicitation cases with child-sting felonies, because HCSO describes the January operation as targeting people seeking “to sexually exploit children and purchase sex.” That overlap is why the first question our attorneys ask in any sting case is whether a minor was ever mentioned.

Reverse stings aimed at buyers are part of a national demand-reduction strategy. A National Institute of Justice summary of a national study by Abt Associates researchers Michael Shively, Kristina Kliorys, Kristin Wheeler, and Dana Hunt lists street-level, brothel-based, and web-based reverse stings, seizing cars used to buy sex, “john schools,” and “john shaming” among the tactics U.S. communities use to reduce demand. Florida’s solicitation statute contains versions of several of them: vehicle impoundment, an educational program, and a civil penalty that funds safe houses.

Do police run stings on Listcrawler and other escort sites?

Yes. Police in the Tampa area post decoy ads and answer real ads on the same escort listing sites and apps the public uses, including sites such as Listcrawler, so the person behind an ad may be a detective. Nothing in the public record shows that Listcrawler itself is operated by police, and a detective does not need to run a website to run a sting on it.

Looking at escort ads is not a crime in Florida. Section 796.07 makes it a crime to offer to commit prostitution, to solicit or procure another person for prostitution, or to purchase the services of a person engaged in prostitution, so the legal line is crossed in the messages, at the point where money is tied to sexual activity. If you are facing escort allegations after a sting, the State still has to prove that offer or agreement beyond a reasonable doubt, and The Brancato Law Firm reads every message to find out whether it can.

What charges follow a Tampa escort sting arrest?

Most buyers arrested in a Tampa escort sting are charged with soliciting prostitution under section 796.07(2)(f), Florida Statutes, which makes it unlawful “to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Some are charged instead with offering to commit prostitution under section 796.07(2)(e) or with purchasing the services of a person engaged in prostitution under section 796.07(2)(i). Florida defines prostitution as “the giving or receiving of the body for sexual activity for hire,” so the State must connect payment to sexual activity. Our Tampa sex crimes attorney page explains how our firm defends the full range of these charges.

Solicitation carries a steeper penalty ladder than the other prostitution offenses. The maximum jail terms and fines for each level come from section 775.082 and section 775.083.

The statute has no look-back period, so an old prior conviction can move a new case up a level. A second solicitation charge is already a felony, which changes the scoresheet, the bond, and the long-term record; our guide Felony vs. Misdemeanor in Florida explains how the levels compare.

What extra penalties come with a solicitation conviction in Florida?

A solicitation conviction in Florida brings mandatory add-ons beyond jail and fines, plus a vehicle penalty the judge may choose to impose. Section 796.07 and section 796.08 set them out:

• $5,000 civil penalty. Under section 796.07(6), a solicitation charge that ends in “any judicial disposition other than acquittal or dismissal” carries a $5,000 civil penalty. The first $500 funds drug court programs, and the rest goes to the Department of Children and Families for safe houses and safe foster homes.
• 100 hours of community service. The court must order it for every solicitation conviction.
• An educational program. The person convicted must pay for and attend one if the judicial circuit has it. Since 2023, the statute has listed what the program covers, including the link between demand for commercial sex and human trafficking.
• A 10-day minimum jail term for a second or later solicitation conviction.
• Vehicle impoundment. If a vehicle was used, the judge may order it impounded or immobilized for up to 60 days after a conviction. The owner can have the order dismissed if, for example, the family has no other transportation or the car was stolen at the time.
• STD and HIV screening. Under section 796.08, a person convicted of prostitution or of procuring another to commit prostitution must undergo screening for sexually transmissible diseases, including HIV, and complete any needed treatment before release from probation or jail.

None of those penalties includes sex offender registration. An adult solicitation conviction under section 796.07 is not on the registration list in section 943.0435; the charges that do require registration are the child-sting felonies covered below. The Brancato Law Firm checks every proposed plea against that registration list before a client decides.

Will my name be made public after a Tampa prostitution sting?

Your arrest is a public record, but Florida no longer keeps a statewide list of people convicted of soliciting prostitution. Starting in 2019, section 796.07(5)(e) sent solicitation convictions involving payment, including those resolved with a withhold of adjudication, to a “Soliciting for Prostitution Public Database” kept by the Florida Department of Law Enforcement. That provision expired on January 1, 2024, and the 2023 version of section 796.07 is the last one that contains it.

Other exposure remains. HCSO news releases about large operations often name the people arrested, and booking photos can spread to commercial mugshot sites. Under section 901.43, a site whose business is publishing booking photos cannot charge to remove one and must take it down within 10 calendar days of a written request sent by registered mail. A dismissal or a withhold of adjudication may also allow the court record to be sealed or expunged under section 943.059 or section 943.0585, which generally require that the person was never adjudicated guilty of a crime. Our attorneys at The Brancato Law Firm shape plea negotiations around keeping that option open.

What happens if a minor was mentioned during the sting?

If a minor was mentioned in the conversation, the case usually becomes a felony sting with prison and registration exposure, even when no real child existed. Florida’s human trafficking statute, section 787.06(3)(g), makes trafficking for commercial sexual activity involving “an adult believed by the person to be a child younger than 18 years of age” a life felony. Using a phone or computer to solicit a child, or a person believed to be a child, is a third-degree felony under section 847.0135(3), and a second-degree felony if the accused misrepresented his or her age. Traveling to meet a believed minor after that kind of contact is a second-degree felony under section 847.0135(4). Each of those offenses requires sex offender registration.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, addressed this pattern in State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023). Officers created a profile of a 19-year-old woman on an adult companionship website, and the persona then told the man she was 14. The trial court dismissed the charges as entrapment, but the appellate court reversed, holding that a jury had to decide whether he was predisposed, even though he had no record of offenses against minors. For anyone arrested after an adult-site conversation, the age claim, when it was made, and every message after it will decide the case.

These felony stings have their own guides on our site: Tampa Bay online sex sting defense, solicitation of a child using a computer, traveling to meet a minor, and Tampa human trafficking defense. Our firm’s published results in these cases include the following.

Every case depends on its own facts, and past results do not guarantee future outcomes. More outcomes are listed on our case results page.

Is entrapment a defense to a prostitution sting in Florida?

Yes. Entrapment is a complete defense in Florida when police induced the crime and the accused was not already ready to commit it. Under section 777.201, an officer entraps a person by using “methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it,” and the accused must prove it by a preponderance of the evidence.

The Florida Supreme Court explained how the defense works in Munoz v. State, 629 So. 2d 90 (Fla. 1993), a case in which deputies used a 16-year-old informant with a false adult membership card to rent X-rated videos from a store owner. The court held that the statute adopted the subjective test, which asks first whether police induced the crime and then whether the accused was predisposed to commit it. Once the defense produces evidence of no predisposition, the State must prove predisposition beyond a reasonable doubt. The court found the store owner entrapped as a matter of law and held that police conduct egregious enough to violate due process under the Florida Constitution can also require dismissal. That second path is often called objective entrapment. The Brancato Law Firm files entrapment motions in Hillsborough County sting cases when the record supports them.

What did a Florida appeals court decide about entrapment in a 2026 prostitution sting?

A Florida appeals court held in February 2026 that an undercover officer who simply gives a driver the chance to buy sex has not, by that alone, induced the crime. In State v. Gadbois, No. 6D2024-1593 (Fla. 6th DCA Feb. 27, 2026), an undercover agent stood outside a hotel on South Orange Blossom Trail in Orange County, an area the State showed was known for prostitution. A driver pulled into the lot, the agent asked if he wanted to “party,” and according to the agent he agreed to her price but needed to get money first. He said he declined. Officers stopped him as he drove away, and he was charged with offering to commit prostitution under section 796.07(2)(e).

The trial court dismissed the charge after he swore that he never started the conversation or any criminal activity. The Sixth District Court of Appeal reversed, holding that “Inducement cannot be found by prompting or creating an opportunity,” and that because the officer’s account and the defendant’s account conflicted, a jury had to decide the question. The court did not decide whether he was predisposed or whether the State could prove the charge.

Gadbois is a recent Florida appellate decision on entrapment in a prostitution sting, and prosecutors in Hillsborough County can be expected to cite it. Its lesson is practical: an entrapment motion wins before trial only when the record of what was said is undisputed, which is why our attorneys fight first for the complete recordings and messages. Facts that can show inducement include a detective who pushed past a clear refusal or kept pressing for days. Facts that can show no predisposition include a clean record and no history of contacting escort ads. Our entrapment defense guide explains the test in more detail.

How do our attorneys fight a Tampa solicitation charge?

Our attorneys fight a Tampa solicitation charge by testing each element the State must prove, then using what that review shows to push for a dismissal, a diversion, or a trial. The work usually follows six steps.

1. Get the complete record. We demand every message, call recording, and body-camera file, plus the ad or profile the detective used, instead of relying on the excerpts in the arrest report.
2. Test the agreement. The State must tie payment to sexual activity. Vague words such as “party” or “hang out” are often weaker evidence than the report suggests, although code words do not protect a conversation that clearly ties money to sex.
3. Raise entrapment. When the detective induced the offense and the facts are undisputed, a sworn motion to dismiss can end the case before trial; when the facts are disputed, the defense goes to the jury.
4. Review the phone search and any statements. We look at how the phone was searched and whether statements were taken after proper Miranda warnings, and we file a motion to suppress when the law supports one.
5. Negotiate diversion or a reduction. We present the weaknesses to the prosecutor and press for a diversion program or a charge that avoids the solicitation penalties.
6. Protect the record. We aim for an outcome without an adjudication of guilt, which keeps sealing or expunction available.

Can a solicitation charge be dropped in Hillsborough County?

Yes. A solicitation charge can be dropped in Hillsborough County, most often through a diversion program or because the evidence will not hold up. The Hillsborough State Attorney’s Office lists a Misdemeanor Intervention Program for first-time offenders, which requires the State Attorney’s consent, and a Pretrial Intervention program for certain first-time felony offenders, supervised by the Department of Corrections. The office does not publish a list of which charges qualify, so our attorneys raise eligibility directly with the assigned prosecutor. For a third or later prostitution offense other than solicitation, section 796.07(4)(b) requires that the person be offered pretrial intervention or a substance abuse treatment program.

Charges can also be stopped before they are filed. After a sting arrest, the State Attorney’s Office decides what to file, and our pre-file advocacy puts the weaknesses in front of the prosecutor before that decision is made.

What other consequences follow a prostitution arrest in Tampa?

A prostitution arrest in Tampa can affect work, licenses, immigration status, and family life long after the criminal case ends. The most common problems are these:

• Background checks. An arrest and its outcome appear on criminal history checks unless the record is sealed or expunged.
• Professional licenses. Nurses, teachers, and other licensed professionals may have to report an arrest or a plea to their licensing board.
• Immigration. Prostitution-related offenses can carry immigration consequences, so a non-citizen should get advice before entering any plea. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Money and transportation. The $5,000 civil penalty, court costs, and a possible 60-day vehicle impoundment add up quickly.

What should you do in the first days after a Tampa escort sting arrest?

Stay silent about the facts, keep every record, and call a lawyer before the State Attorney’s Office makes its filing decision. In practice, that means:

• Do not discuss the case with detectives, with the person from the ad, or with anyone online. A follow-up message may come from the same detective.
• Do not delete messages, apps, call logs, or the ad. Deleting evidence after an arrest can create a new legal problem, and the full conversation is often what helps you.
• Write down what happened, in order, while it is fresh, and share it only with your lawyer.
• Keep the paperwork from the arrest or release, including any court date.
• Call a defense attorney before you speak with a prosecutor, an employer, or a licensing board about the case. You can call The Brancato Law Firm at any hour at (813) 727-7159.

Frequently asked questions about Tampa escort stings

Is it illegal to look at escort ads on Listcrawler in Florida?

No, browsing an escort ad is not a crime under Florida law; the offense begins when someone offers, solicits, or agrees to exchange money for sexual activity. The Brancato Law Firm reviews the messages in each case to find the exact point, if any, where the conversation crossed that line, and our guide on whether prostitution is legal in Florida explains the difference between escorting and prostitution.

Does money have to change hands for a solicitation charge in Florida?

No, section 796.07(2)(f) makes it a crime to solicit, induce, entice, or procure another person to commit prostitution, so an offer can be enough even if no money was paid. Our attorneys at The Brancato Law Firm focus on whether the words actually tied payment to sexual activity, and our online solicitation defense page explains how we challenge chat-based cases.

Do you have to register as a sex offender for solicitation of prostitution in Florida?

No, an adult solicitation conviction under section 796.07 does not require sex offender registration. The Brancato Law Firm handles a sting where a minor was mentioned very differently, because those charges do require registration, as our online sex sting guide explains.

Will my car be impounded after a Tampa prostitution sting?

It can be, but only after a solicitation conviction and only if a vehicle was used: section 796.07(5)(d) lets the judge order impoundment or immobilization for up to 60 days. The Brancato Law Firm can ask the court to dismiss an impoundment order when the owner’s family has no other transportation, the car was stolen, or another exception in the statute applies.

Can a first solicitation charge be dropped in Tampa?

Yes, a first solicitation charge in Tampa can be dropped through a diversion agreement, a successful entrapment motion, or a prosecutor’s decision that the messages do not prove an agreement. Our attorneys at The Brancato Law Firm raise diversion eligibility with the assigned prosecutor early, and our sex crimes defense team handles these cases across Hillsborough, Pinellas, and Pasco Counties.

What if a detective calls me after a sting but I was not arrested?

Politely decline to discuss the facts and call a lawyer, because the call may be an effort to build the case before charges are filed. The Brancato Law Firm can speak with the detective for you through our representation before charges are filed.

¿Qué debo hacer si me arrestaron en un operativo de prostitución en Tampa?

No hable del caso con la policía, no borre sus mensajes y llame a un abogado antes de que la Fiscalía decida qué cargos presentar. The Brancato Law Firm tiene personal que habla español, y el abogado Jean-Luc Adrien habla español, criollo haitiano y francés; lea más sobre nuestros servicios de defensa penal en español.

Talk to our attorneys before the State files charges

Our attorneys start by requesting the complete chat log, the recordings, and the detective’s ad or profile, then press the entrapment and agreement issues with the prosecutor while the filing decision is still open. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends escort and prostitution sting cases across Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

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

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you have been arrested—or suspect you are being investigated—for human trafficking in Tampa Bay, you may feel like your life is over. The shock, shame, and fear that follow are overwhelming. But being accused is not the same as being guilty. Most trafficking prosecutions in Tampa Bay arise from online sting operations—not real trafficking rings. And many sting operations are built on tactics that can be challenged.

At The Brancato Law Firm, P.A., I have defended clients facing human trafficking charges in Tampa Bay—including a case that went to trial where my client received probation instead of the prison sentence the State demanded. For over 25 years, I have focused on sex crimes defense, including practicing in an elite sex crimes unit before founding this firm.

The Reality Behind Tampa’s “Human Trafficking” Arrests

Most trafficking arrests in Tampa Bay follow a predictable pattern:

1. A man contacts what he believes is an adult escort online
2. The photos are of adult women—often officers themselves, photographed when over 18
3. The conversation turns sexual, then a bait-and-switch occurs
4. The officer claims to have “younger girls”—typically “14 or 15”
5. Even if the target backs out or never travels, charges are filed

By the time the “minor” is introduced, many targets have been drinking, using substances, or emotionally drawn in. These are life-changing accusations based on words and digital data—not real victims.

Charges That Arise from Trafficking Stings

Prosecutors frequently stack multiple charges from a single sting operation. Conviction on any of these offenses typically requires sex offender registration.

Defense Strategies in Trafficking Sting Cases

Timing Matters: The Earlier You Act, the More Options You Have

If you contact my firm immediately after arrest—or even before charges are filed—I can sometimes intervene directly with the State Attorney’s Office to prevent charges from being filed at all. Once a formal filing occurs, your name, reputation, and freedom are at risk.

Time matters. Early action allows me to shape the narrative before prosecutors do.

Why You Need a Specialist—Not Just a Criminal Defense Attorney

Human trafficking cases demand experience, precision, and insight into how law enforcement operates online. Before founding this firm, I led an elite sex crimes unit and trained attorneys on these very tactics. That experience now drives my defense of those unfairly accused.

Where other attorneys see guilt, I see constitutional violations, forensic errors, and entrapment. My work often exposes misconduct so subtle that only a sex crimes specialist would catch it.

Discretion, Dignity, and a Way Forward

This accusation does not define who you are. People from every walk of life—business owners, veterans, teachers, students—find themselves caught in these operations. I handle every case with absolute discretion and complete confidentiality. Your story stays between you and your attorney.

My goal is simple: to ensure this moment does not define the rest of your life.

Frequently Asked Questions

Can I be charged even if no minor was involved?

Yes. Law enforcement is prohibited from using real minors, so they pretend to be one. Under Florida law, belief alone is enough for a solicitation charge. That is why I focus on exposing inducement, manipulation, and lack of intent.

What if I backed out or said I changed my mind?

If you renounced the plan before any crime occurred—and not out of fear of arrest but because you genuinely changed your mind—this can form a complete defense under Florida’s renunciation statute.

What if I never traveled to meet anyone?

You can still face solicitation charges, but lack of travel is strong evidence that no substantial step toward committing a crime occurred. I use that to argue lack of intent or completion.

What if law enforcement showed suggestive images to entice me?

That behavior may support dismissal for outrageous government conduct or bolster an entrapment defense. Florida courts have repeatedly condemned tactics that manufacture criminal behavior rather than detect it.

What if I was not serious—I just wanted to learn more or report it?

Intent is key. If you were curious, conflicted, or planning to report it, that must be proven through messages, timing, and tone. I use those details to dismantle the prosecution’s theory.

Facing Human Trafficking Charges in Tampa?

If you have been arrested or believe you are being investigated for human trafficking in Tampa, Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm, P.A. now. All trafficking charges are handled directly by me—not passed to associates.

Call (813) 727-7159 for a Confidential Consultation

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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If law enforcement arrested you—or you believe you are under investigation—for traveling to meet a minor in Tampa, you need to act immediately. These cases typically begin with undercover sting operations where officers pose as minors online. Even before the State Attorney files charges, the damage to your future may already be underway. At The Brancato Law Firm, P.A., we act quickly to protect your rights and your freedom.

I have over 25 years of criminal defense experience and led an elite sex crimes unit before founding this firm. I understand how law enforcement builds these cases—and how to challenge them.

Elements the State Must Prove

To convict you of traveling to meet a minor under F.S. 847.0135(4), the prosecution must prove each element beyond a reasonable doubt:

The law explicitly states that the involvement of an undercover officer posing as a minor is not a defense. However, each element creates an opportunity to challenge the State’s case.

Penalties for Traveling to Meet a Minor

Florida prosecutors treat these cases with zero tolerance. You need a defense attorney who can expose the weaknesses in their evidence.

How These Cases Arise: The Bait-and-Switch Pattern

Most traveling to meet a minor arrests in Tampa Bay follow a predictable pattern:

1. Law enforcement posts what appears to be a legitimate adult advertisement on an escort or dating website
2. The listing features an adult profile—sometimes using real photos of adults, or old photos of the undercover officer
3. You begin a conversation genuinely believing you are speaking with an adult
4. Partway through the conversation, the “adult” introduces the idea of a minor—typically “14 or 15”
5. The conversation continues under law enforcement control and recording
6. Arrest occurs when you travel toward the meeting location

This shift from adult to minor is not accidental—it is a tactic designed to create the appearance of a crime that did not exist when the communication began.

Defense Strategies

Frequently Asked Questions

Can I be charged if I was talking to an undercover officer, not a real minor?

Yes. Florida law explicitly allows prosecution when the “minor” is actually an undercover officer. The key question is whether you believed you were communicating with a minor. However, I can challenge your intent and raise entrapment defenses when police tactics cross the line.

What if the conversation started with someone I thought was an adult?

This is the bait-and-switch pattern common in Tampa Bay stings. The fact that you initially believed you were speaking with an adult is central to an entrapment defense. I analyze when and how the “minor” was introduced to determine if law enforcement manufactured the crime.

What if I changed my mind and did not complete the meeting?

If you genuinely renounced the plan before any crime occurred—not out of fear of arrest but because you changed your mind—this can be a complete defense under Florida’s renunciation statute. Additionally, lack of completion may support a lack-of-intent argument.

What counts as “traveling” under the statute?

Any movement toward the meeting location can satisfy this element—driving, walking, or taking transportation. You do not need to arrive. However, the State must prove you were actually traveling to the meeting, not simply traveling in that general direction for other reasons.

Is entrapment a valid defense in these cases?

Yes. Entrapment applies when police induce you to commit a crime you were not predisposed to commit. The bait-and-switch pattern—starting as an adult conversation and shifting to a minor—is particularly susceptible to this defense. See my Tampa Entrapment Defense page for more information.

Facing Traveling to Meet a Minor Charges in Tampa?

If you are facing accusations or believe a sting operation targeted you in Tampa, Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm immediately. I personally handle every sex crimes case—your defense is never outsourced.

Call (813) 727-7159 for a Confidential Consultation

Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties

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