You receive a friend request from someone claiming to be 15 years old. The conversation starts innocently but gradually turns sexual. When you agree to meet in person, law enforcement officers arrest you at the designated location. This scenario plays out across Florida as police departments use internet sting operations to catch suspected predators.
At Flaherty & Merrifield, our Fort Walton Beach sex crimes defense lawyer helps clients who encounter undercover police posing as minors in chat rooms. If you’ve been charged with serious Florida sex crimes, it’s vital to understand your legal options and mount an effective defense against these accusations.
How Internet Sting Operations Work in Florida
Law enforcement agencies across Florida regularly conduct internet sting operations targeting individuals who allegedly solicit minors online. These operations involve undercover officers posing as children or teenagers in chat rooms, social media platforms, and dating apps.
Fake Online Profiles
The process typically begins with officers creating fake profiles on various platforms. They may use photos of actual minors (with parental consent) or computer-generated images to make the profiles appear authentic. Undercover police posing as minors then wait for adults to initiate contact or actively seek out individuals to engage in conversations.
Private Online Conversations
Officers maintain their fictional minor persona throughout the conversation. They may discuss school, friends, family problems, or other topics that would be natural for someone of their supposed age. The goal is to create a believable character to draw out suspicious behavior from potential predators.
Soliciting a Child
The conversation often escalates when the suspect begins discussing sexual topics or attempts to arrange an in-person meeting. Officers document every message, preserving evidence of the suspect's intent and actions. Under Florida Statute 847.0135, using a computer to solicit a child for sexual activity constitutes a third-degree felony.
Suppose "Mark" begins chatting with "Jessica," who claims to be 14 years old. Over several weeks, Mark asks increasingly personal questions about Jessica's body and sexual experience. He eventually suggests they meet at a local park, bringing condoms and telling Jessica to lie to her parents about her whereabouts. This conversation provides evidence of Mark's intent to engage in illegal sexual activity with a minor.
Arrest at Meetup Location
Once law enforcement has sufficient evidence of criminal intent, they try to arrange a meeting between the suspect and the supposed minor. Police officers position themselves at the meeting location, often with backup units nearby, and arrest the suspect when they arrive, even if no actual minor is present.
Legal Precedents for Police Deception in Florida
Florida courts have consistently upheld law enforcement's right to use deception in criminal investigations, including posing as minors online. The Florida Supreme Court has ruled that undercover police work, including assuming false identities, does not violate constitutional rights as long as officers do not engage in conduct that would constitute entrapment.
While Florida law allows extensive police deception, there are constitutional limits on what officers can do during internet sting operations. Law enforcement cannot engage in conduct that would induce a normally law-abiding person to commit a crime they would not otherwise commit. This principle forms the basis of the entrapment defense.
Potential Defenses Against Internet Sting Charges
Facing Florida sex crime charges from an internet sting operation does not mean conviction is inevitable. Several defense strategies may work, depending on the specific circumstances of your case.
Entrapment Defense
Entrapment occurs when law enforcement induces someone to commit a crime they would not have committed otherwise.
Imagine police officer "Sara" poses as a 15-year-old and initiates contact with "David." Sara repeatedly asks David to meet her in person, despite his initial refusal. She claims to be depressed and threatens self-harm if David doesn't agree to see her. This scenario might constitute entrapment if David had no prior history of inappropriate contact with minors.
Lack of Intent to Commit a Crime
Prosecutors must prove that defendants intended to engage in sexual activity with a minor.
For example, say "Robert" begins chatting with "Amy," who claims to be 16. When Amy steers the conversation toward sexual topics, Robert consistently redirects to appropriate subjects like school and hobbies. He never suggests meeting in person or engaging in any illegal activity. This evidence would support a lack of criminal intent.
Reasonable Mistake About Age
Florida law requires that defendants knowingly solicit someone they believe to be a minor. If the supposed minor's profile, photos, or statements suggested they were actually over 18, this could provide a viable defense.
If an undercover officer's profile lists their age as 18 but they later claim to be 16 during conversation, this inconsistency might create reasonable doubt about whether the defendant truly believed they were communicating with a minor.
Consequences of a Florida Sex Crime Conviction
Beyond criminal penalties, convictions for internet solicitation offenses carry severe collateral consequences:
- Lifetime sex offender registration
- Restrictions on where you can live and work
- Loss of professional licenses
- Difficulty finding employment or housing
- Damage to personal and professional reputation
- Negative impact on child custody proceedings
The skilled criminal defense team at Flaherty & Merrifield understands how internet sting operations work and the defenses that may apply to your case. We provide aggressive representation while treating you with compassion during this difficult time.
