Pumphrey Law Blog

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery is a very serious felony. Depending on the offense, sexual battery is punishable by the death penalty (under Florida law). An adult who commits a sexual battery upon a child under the age of 12 is eligible for the death penalty if: Within 45 days of a defendant’s arraignment, the State announces intent to seek the …

May 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is arrested and charged with online solicitation of a minor in Florida under Fla. Stat. Section 847.0135(3), this is considered a very serious felony. It is punishable by up to 5 years in prison and a $5,000 fine.  But what if the alleged child victim is not a child at all – and the person solicited for sex …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, some crimes are “enhanceable” offenses. Certain facts may allow the State to charge what would otherwise be a misdemeanor as a felony, or a felony as an even more serious felony.  One such fact that can lead to an enhanced charge, and an enhanced sentence, is the fact that an offender was a family member or custodian of …

May 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, individuals may be charged with soliciting a minor online for sex, and then traveling to meet that minor for a sexual purpose. Often, felony charges of traveling to meet a minor are brought after someone arrives at an agreed-upon location, only to find that the ostensible minor was actually a law enforcement officer coordinating a sting operation. A …

May 19, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is charged with both online solicitation of a minor and traveling to meet a minor for sexual activity under Fla. Stat. Section 847.0135, a common observation is that the elements of the solicitation charge are entirely subsumed by the elements of the traveling charge. This raises the question – does charging someone with both offenses violate their protection …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes, Violent Crimes Social Share

Florida’s Prisoner Releasee Reoffender statute is the “Big Nasty” of sentencing laws in Florida. But a recent U.S. Supreme Court decision has an impact on the PRR law, which automatically enhances the sentences for certain defendants if convicted. This article will explore Erlinger v. United States and its implications for criminal sentencing in Florida. Florida’s PRR law, Fla. Stat. Section …

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article …

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

The crime of sexual battery by someone in familial or custodial authority is regulated under Florida Statutes Section 794.011(8)(b). If a family member or someone in custodial authority sexually batters a minor under the age of 12, this is a capital felony in Florida – punishable by the death penalty. If the minor is over the age of twelve, this …

June 29, 2024 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

What to Know About Florida’s Evolving Laws on Child Porn, Child Pornography, Child Sexual Abuse Material or “CSAM”, Deepfakes and More Florida’s Child Pornography Laws Florida’s child pornography laws are harsh and scary – even for the law-abiding citizen. You would expect someone who knowingly and intentionally possesses child pornography to know child pornography laws in Florida are harsh and …