Florida Child Enticement Laws

Florida law for child enticement centers on having illegal conduct with a minor via digital or electronic means.  In order for a defendant to be convicted of child enticement it must be proven that he or she:

• Used a computer online service, email, internet service, or any other electronic transmission device to
  
  • Seduce, entice or lure a minor child, or person believed to be a minor child
  • For the purpose of engaging in unlawful sexual conduct; or to
  • Seduce, entice or lure the parents, guardian, or custodian of a minor child to consent to engage in unlawful sexual conduct

Penalties for Child Enticement in Florida

A person convicted of child enticement shall be guilty of a felony in the third degree and shall face a maximum prison term of five years with a fine to to exceed $5.000. If a person is found to have misrepresented their age during the commission of he crime they will be found guilty of a felony in the second degree and shall face a maximum prison term of 15 years with a maximum fine of $10,000. Defendants will also have to register as sex offenders.

Defense of Child Enticement in Florida

There are a number of defenses that may be available to a person that has been charged with child enticement, this defenses if applicable could operate to remove any criminal liability of the defendant:

• Involuntary intoxication
• Mental disease or defect
• Duress amounting to the use of force or violence that cannot be resisted.

Attempted Child Enticement in Florida

A person attempts to seduce, entice, allure, convince, or persuade a child to engage in sexual act or conduct via an online or electronic transmission device or to seduce, entice, allure, or convince a minor child’s parents to consent to the minor child’s engagement in unlawful sexual conduct, when an individual takes a substantial step towards enticing a child or, a law enforcement officer posing as a minor child.  Also, a person that actually takes steps towards committing the crime that can be viewed as strongly suggesting that the crime is to be completed.

When to Talk to a Lawyer

When facing charges of child enticement the first step should be to contact a licensed criminal attorney in your state.  Only with the help of an attorney can a person be ensured to have knowledge of their rights and defenses in criminal court.