Pumphrey Law Blog

July 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida, online solicitation of a minor (someone under the age of 18) is a very serious offense. It is typically charged as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. However, if someone misrepresents their age in the process of soliciting a minor online, this is considered a second-degree felony – punishable …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, traveling to meet a minor for the purpose of sexual activity is a very serious criminal offense. Under Fla. Stat. Section 847.0135(4), traveling to meet a minor is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Though some cases involve an allegation that someone traveled to meet an actual minor for …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession and distribution of child pornography is an extremely serious felony. Possession of child pornography is classified as a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. If someone is charged with aggravated possession (depending on the material recovered), this is a second-degree felony, punishable by up to 15 years …

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

In Florida, online solicitation of a minor or someone believed to be a minor (such as an undercover officer) for sexual activity is a very serious felony offense. Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine. When someone is charged with online solicitation of …

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, possession of child pornography is a very serious felony offense. It is generally considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine per image or exhibit. However, some cases may involve charges of aggravated possession – a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In some cases, a child may testify at a criminal trial regarding an abuse allegation. However, the child may change the content of – or entirely repudiate – their hearsay (out of court) statements alleging the physical or sexual child abuse that led to the arrest of a defendant.  If child hearsay statements alleging the charged crimes are introduced in …

June 18, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media Social Share

In Florida and all 50 U.S. states, someone arrested and charged with a crime has a constitutional protection against double jeopardy. Double jeopardy occurs when someone is either put on trial again despite being acquitted, or is charged with multiple crimes stemming from the same course of conduct, the elements of which entirely overlap. Blockburger v. United States, 284 U.S. …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, sexual battery is a very serious felony offense. Under Fla. Stat. Section 794.011, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, except for acts done for bona fide medical purposes,” without consent. However, attempting the …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

If someone is charged with lewd or lascivious molestation via “enticing” a victim to touch them in an unlawful manner, does this require the victim to have actually touched that person, or does it simply require “enticing” them to do so? This article will explore a recent Florida court ruling that lewd or lascivious molestation requires actual physical touching of …