Understanding Florida Statute 847.0135
Florida Statute 847.0135 makes it a felony to travel to meet a minor for the purpose of engaging in sexual activity. This law is designed to protect children from online predators and those who would seek to exploit them.
The statute applies to anyone who travels to meet a minor, or attempts to do so, with the intention of engaging in sexual activity. This includes meetings arranged online or through other means.
Elements of the Crime
To be convicted under Florida Statute 847.0135, the prosecution must prove that the defendant traveled to meet a minor for the purpose of engaging in sexual activity. This requires evidence of the defendant's intent and actions.
The statute also requires that the defendant knew or should have known that the person they were meeting was a minor. This can be proven through evidence of the defendant's communications or other actions.
Penalties for Violation
A violation of Florida Statute 847.0135 is a second-degree felony, punishable by up to 15 years in prison. The defendant may also be required to register as a sex offender.
In addition to prison time, a conviction under this statute can have long-term consequences, including damage to one's reputation and career prospects.
Defenses to the Charge
There are several defenses that may be available to someone charged under Florida Statute 847.0135. For example, the defendant may argue that they did not intend to engage in sexual activity with the minor, or that they were entrapped by law enforcement.
It is also possible to challenge the evidence presented by the prosecution, such as the authenticity of online communications or the credibility of witnesses.
Seeking Legal Representation
If you have been charged under Florida Statute 847.0135, it is essential to seek the advice of an experienced criminal defense attorney. A skilled lawyer can help you understand your rights and options, and develop a strategy for defending against the charge.
An attorney can also help you navigate the complex legal process and ensure that your rights are protected throughout the proceedings.
Frequently Asked Questions
What is the purpose of Florida Statute 847.0135?
The purpose of Florida Statute 847.0135 is to protect children from online predators and those who would seek to exploit them.
What are the penalties for violating Florida Statute 847.0135?
A violation of Florida Statute 847.0135 is a second-degree felony, punishable by up to 15 years in prison and registration as a sex offender.
Can I be charged under Florida Statute 847.0135 if I didn't actually meet the minor?
Yes, you can be charged under Florida Statute 847.0135 if you attempted to meet a minor for the purpose of engaging in sexual activity, even if the meeting did not actually occur.
How can I defend against a charge under Florida Statute 847.0135?
There are several defenses that may be available, including arguing that you did not intend to engage in sexual activity with the minor, or that you were entrapped by law enforcement.
Do I need a lawyer if I've been charged under Florida Statute 847.0135?
Yes, it is essential to seek the advice of an experienced criminal defense attorney if you have been charged under Florida Statute 847.0135.
Can a conviction under Florida Statute 847.0135 be expunged from my record?
A conviction under Florida Statute 847.0135 is a felony and cannot be expunged from your record. However, you may be eligible for other forms of post-conviction relief.