Finkelstein Firm, P.A.

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Finkelstein Firm, P.A.

Nearly Two Decades Years Of Criminal Defense Experience In Clearwater

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Computers, The Internet And Related Sexual Offenses

It is possible for law enforcement to charge you with sex crimes charges without you ever having touched another person. Computer-related sex crime charges can be especially damaging to a person’s reputation and future, and it can be especially difficult for you to defend yourself against them.

At the Finkelstein Firm, P.A., in Clearwater, I provide my clients with respect and compassion as I build an aggressive defense against their charges. My name is Jenna Finkelstein, and as I represent my clients, I also take the time to explain the details of their cases to them so that they understand what is at risk and how I am fighting for them.

What Is Solicitation Of A Child Using The Internet?

Law enforcement agencies dedicate significant amounts of manpower, money and resources to organize and carry out investigations targeting adults communicating with minors online. When these communications are sexual, you can be sure that an arrest will soon follow. One of the criminal offenses in Florida that is related to computer communications is solicitation of a child using the internet.

Solicitation of a child using the internet is found in the section of Florida law titled “Certain Uses of Computer Services or Devices Prohibited.” A person commits this offense when they knowingly using a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to do one of the following:

    • 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 commit any illegal act described in Chapter 794, Chapter 800 or Chapter 827 or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child
    • Solicit, lure or entice – or attempt to solicit, lure or entice – a parent, legal guardian or custodian of a child or a person believed to be a parent, legal guardian or custodian of a child to consent to the participation of such child in any act described in Chapter 794, Chapter 800 or Chapter 827 or to otherwise engage in any sexual conduct

I can also answer your questions about your case. Below are questions I often hear.

Can I be charged with transmission of material harmful to minors over the internet?

Yes. In Florida, it is a crime to send images or information that is sexual in nature to a minor or someone believed to be a minor. This felony often arises out of text conversations or online chat forums. When an adult transmits this type of material to a minor or to law enforcement posing as a minor, that person will be charged with a felony, and the consequences are very serious.

This felony offense is often seen alongside the crimes of traveling to meet a minor or solicitation of a child using the internet. You can be convicted of transmission of material harmful to minors if it is proven that you transmitted an “image, information, or data that is harmful to minors”…“to a specific individual known by the defendant to be a minor.”

Material is considered harmful to minors when it is a “reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement” and when the material:

  • “Predominantly appeals to a prurient, shameful, or morbid interest”
  • “Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors”
  • “Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.”

What happens if I travel to meet a minor that I met online?

You may have seen the show called “To Catch a Predator.” You may have also watched or read news stories discussing the similar stings that local law enforcement agencies conduct to identify citizens who are communicating online with minors or, in many cases, officers posing as minors. Law enforcement agencies dedicate significant amounts of manpower, money and resources to organize and carry out these investigations.

In Florida, the result is often devastating for the person on the other side of the computer screen. The individual can be arrested and charged with traveling to meet a minor, solicitation of a child using the internet, transmission of material harmful to minors, and even possession or transmission of child pornography, to name a few.

To be convicted of the offense of traveling to meet a minor, the prosecution must prove that the person traveled within or to the state of Florida for the purpose of:

  • Engaging in any illegal act described in Florida Statutes Chapter 794 (sexual battery), Chapter 800 (lewdness; indecent exposure), or Chapter 827 (abuse of children)
  • Engaging in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, internet service, local bulletin board service or 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 an illegal sexual act or to engage in unlawful sexual conduct with a child
    • Solicit, lure or entice – or attempt to solicit, lure or entice – a parent, legal guardian or custodian of a child or a person believed to be a parent, legal guardian or custodian of a child to consent to the participation of such child in an illegal sexual act or to engage in any sexual conduct

Possession Of Child Pornography In Florida

The offense of possession of child pornography is a serious crime in Florida as well as on the federal level. The consequences of a conviction are far reaching and can be life altering for the person charged and convicted.

The criminal offenses related to child pornography can be found in Florida Statute §827.071. A person is guilty of unlawfully possessing child pornography if they knowingly possess, control or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction or other presentation that, in whole or in part, they knew to include any sexual conduct by a child.

It is often the case that a person charged with this offense faces multiple counts of the crime. This is because each photograph, motion picture, exhibition, show, image, data, computer depiction, representation or presentation may be charged as a separate felony offense.

Additionally, if the photograph, motion picture, exhibition, show, representation, image, data, computer depiction or other presentation depicts sexual conduct by more than one child, each child may be charged as a separate felony offense.

Defenses Against Possession Of Child Pornography Charges

First and foremost, it is worth noting what is not a defense to unlawfully possessing child pornography. That is the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense. This information cannot constitute a defense to the crime charged.

Some potential defenses that may be available are:

  • The possession was unintentional or unknowing.
  • There was an unintentional or accidental download of material.
  • The computer in question was shared by other people or was public.
  • Law enforcement conducted an illegal search and seizure of the evidence or equipment.
  • The specific content does not meet the legal requirements to be considered child pornography.
  • Entrapment was involved.

What Is Considered To Be Prohibited Computer Usage?

The Florida Legislature states that the offense of prohibited computer usage is committed when any person knowingly uses a computer online service, internet service, local bulletin board service or 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 or to otherwise engage in any unlawful sexual conduct with a child or with another person believed to be a child
  • Solicit, lure or entice – or attempt to solicit, lure or entice – a parent, legal guardian or custodian of a child or a person believed to be a parent, legal guardian or custodian of a child to consent to the participation of such child

Similar to the law prohibiting someone from possessing child pornography, if there are separate uses of computer online services, internet services, local bulletin board services or any other device capable of electronic data storage transmission wherein an offense is committed, then each use may be charged as a separate offense.

There are potential defenses if you are charged with a prohibited computer usage offense, and they include, but are not limited to, the following:

  • You unknowingly used a device to contact the victim.
  • The victim was not a child or a person believed by you to be a child.
  • You unknowingly used a device to contact a parent, legal guardian or any person that you believed was a parent or legal guardian of a child.
  • There was no solicitation, luring or enticement involved in the communications.

Hiring A Skilled Criminal Defense Attorney

If you are charged with a sexual offense that stems from the use of the internet or a computer, then it is imperative that you contact an experienced criminal defense lawyer right away. In this type of case, there is a chance that the electronic evidence may be lost or destroyed. It is important to begin preparing your defense, consulting experts and persevering evidence. Call my firm today for a free case consultation at 727-202-4418 or email me here.