Pumphrey Law Blog

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that because there was a ‘temporal break’ between the defendant’s two alleged solicitations of a fictional minor, only one of which led to traveling to meet the minor, the defendant’s solicitation conviction did not have to be vacated. In Florida, solicitation of a minor online for unlawful sexual activity (Fla. Stat. 847.0135(3)) is …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Judge John F. Lakin of Manatee County dismissed a defendant’s solicitation of a minor charge, finding he was impermissibly entrapped by law enforcement despite having no predisposition to commit the offense. In Florida, solicitation of a minor and traveling to meet a minor charges may be brought after a defendant is ensnared in a law enforcement sting. Solicitation of a …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that an email thread in which a defendant divulged his plans to have sex with a person he believed to be a 14-year-old girl constituted solicitation of a minor. Here’s why. In Florida, solicitation of a minor to engage in unlawful sexual activity (Fla. Stat. 847.0135(3)) is a very serious felony offense. For …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that it is not inherently objective entrapment when law enforcement orchestrates a sting operation in which officers pose as minors or parents of minors and chat with users about unlawful sexual activity. In Florida, entrapment is a total defense to criminal charges. If someone successfully argues that they were entrapped, the proper remedy …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant arrested for attempted lewd battery after appearing on “To Catch A Predator” was not objectively entrapped by law enforcement. In Florida, attempted lewd or lascivious battery (Fla. Stat. 800.04(4) and Fla. Stat. 777.04) is a serious felony offense. For someone to be guilty, the State must establish all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal ruled that a defendant who expressed his ‘intent’ or ‘desire’ to perform an unlawful sex act on a minor, did not solicit him as a matter of law. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious offense. For someone to be guilty, the State must prove all of the …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal affirmed a defendant’s convictions for soliciting a minor to engage in sexual activity despite a lack of explicit agreement to engage in particular sex acts – finding that the content of the defendant’s messages was sufficient to show intent to solicit. In Florida, solicitation of a minor for sexual activity (Fla. Stat. 847.0135(3)) is …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that a soccer coach accused of sexual battery and lewd or lascivious molestation on a child was in a ‘position of familial or custodial authority’ for purposes of enhancing his prison sentence. In Florida, someone being in a position of familial or custodial authority to a victim can lead to a significantly lengthier …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a judge’s failure to excuse “for cause” two jurors who indicated they were biased against the defendant – resulting in the seating of an “undesirable” juror – required reversal of the defendant’s convictions. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Jury selection …