Address:
Bank of America Plaza
101 E. Kennedy Blvd
Suite 1485
Tampa, FL 33602
Phone:
(813) 228-7095 (office line)
(813) 334-3910
(813) 228-7099 (fax)
Internet Sex Crimes
Tampa Internet Sex Crime Attorneys
The Internet has changed the way law enforcement officials fight crime. In no area is that more evident than in their strategies for catching sex crime offenders. However, attempting to monitor people's use of the Internet can lead to an undesired chain of events. Your constitutional rights apply when you are on-line, just as you have rights in the real world. Most sexually related crimes which are aided by the use of the internet can be found under Florida Statute 847 titled “Obscenity”.
Computer Pornography
Possession of Computer Pornography is defined by Florida Statute 847.0135 and reads as follows:
A person who:
- Knowingly compiles, enters into, or transmits by use of computer;
- Makes, prints, publishes, or reproduces by other computerized means;
- Knowingly compiles, enters into, or transmits by use of computer;
- Knowingly causes or allows to be entered into or transmitted by use of computer; or
- Buys, sells, receives, exchanges, or disseminates, any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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 to a prosecution under this section.
Certain Uses of Computer Services or Devices Prohibited
Any person who 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, 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; or
- 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, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.
Traveling to Meet a Minor
Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage 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 any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or
- 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, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Owners or Operators of Computer Services Liability
It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.
State Criminal Jurisdiction
A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child residing in this state, a child's guardian, or another person believed by the person to be a child or a child's guardian residing in this state.
Effect of Prosecution
Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.
Internet Sex Offenses and Sex Offender Registration
An Internet sex crime conviction will result in mandatory sex offender registration, the same as any physical sex crime. Whether you have been accused of online solicitation or the possession of child pornography, we will fight for your rights and investigate how the evidence against you was gathered.
Contact Us
If you have been charged with any sex crime involving the internet, or any other charge that falls under Florida Statute 847 call our office today. At the Tampa law offices of the Criminal Defense Group, we can help you protect you from unlawful intrusions by law enforcement.
Whether you have been accused of an Internet sex crime or your alleged sex offense involves evidence gathered on-line, you want to speak to a defense lawyer who understands sex crime law and how your case is affected by the use of the Internet. At the Criminal Defense Group, we will take time to investigate all aspects of your case, in order to come up with the best possible defense.
Just as in real life, there are different levels of Internet sex crimes. We protect the rights of clients against a variety of Internet sex crimes charges, including:
- Solicitation of a Minor
- Child Pornography
- Online Solicitation