Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 2nd District Court of Appeal affirmed a downward departure sentence for a defendant convicted of having sex with a 16-year-old while in a position of familial or custodial authority – finding the minor was a “willing participant” (despite being unable to legally consent). In Florida, sexual battery by a person in a position of familial or custodial authority (Fla. …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 5th District Court of Appeal affirmed a downward departure sentence for a defendant convicted of lewd or lascivious battery on a 13-year-old, finding the defendant did not know she was underage and she was willingly engaged in prostitution. CASE: State v. Brooks, 739 So.2d 1223 (Fla. 5th DCA 1999) Charge(s): Lewd or lascivious battery Outcome: Downward departure …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal issued two decisions approximately one year apart in the same case – in which a defendant alleged dual convictions for solicitation and traveling to meet a minor violated double jeopardy – that were shaped by the Florida Supreme Court’s evolving analysis. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled the trial judge gave improper weight to “mitigating” factors after a physician was convicted of solicitation of a minor online. Found out why. In Florida, solicitation of a minor (Fla. Stat. 847.0135(3)) is a very serious felony offense. It is a third-degree felony – punishable by up to 5 years in prison and …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Decisions from Florida’s 4th and 5th District Courts of Appeal show that whether a downward departure (e.g. a lighter sentence) is warranted in a sexual battery by a person in familial or custodial authority case depends on the circumstances. In Florida, sexual battery by a person in a position of familial or custodial authority is a very serious felony offense. …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for solicitation of a minor, finding he was not subjectively or objectively entrapped as a matter of law – but that a downward departure in his sentence was warranted. CASE: State v. Davis, 141 So.3d 1230 (Fla. 1st DCA 2014) Charge(s): Solicitation of a Minor Outcome: Defendant was …

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 …