Pumphrey Law Blog

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, someone may be charged with traveling to meet a minor (Fla. Stat. 847.0135(4)) after being ensnared in a police sting. Traveling to meet a minor for the purpose of sexual activity in Florida is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Many defenses to this charge exist, such as entrapment …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In traveling to meet a minor cases that stem from law enforcement stings, a frequently asked question is – when can the police legally search my phone if I am arrested? The answer largely depends on the facts of the case and whether or not someone consents to law enforcement going through their phone. This blog will explore when law …

September 5, 2025 Don Pumphrey, Jr. Sex Crimes, Violent Crimes Social Share

In Florida criminal cases, it is often assumed that the presence of DNA equates to a defendant being guilty. This is sometimes called the “CSI Effect” – if someone sees that DNA evidence indicates someone’s involvement in a criminal case, they are much more likely to support a conviction. However, it is important to understand a frequently overlooked part of …

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

In Florida, sexual battery (Fla. Stat. Section 794.011) and sexual assault are often used as interchangeable terms. However, there are key differences between these offenses. To the surprise of many, there actually is no crime called “sexual assault” in Florida law. However, if a sexual assault occurs (commonly thought of as a nonconsensual sexual touching without penetration), it is likely …

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

In Florida, someone may face a sexual battery charge (Fla. Stat. 794.011) even if a victim did not physically resist the act. A common question is – if the victim was not incapacitated and did not physically attempt to stop the alleged battery, can someone still be convicted?  The answer is yes, because the legal question is whether or not …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious conduct (Fla. Stat. 800.04(6)) and lewd or lascivious exhibition (Fla. Stat. 800.04(7)) are both serious felony offenses. Though these may seem indistinguishable at first glance, lewd and lascivious exhibition and lewd or lascivious conduct are distinct offenses under Florida law. Note: Lewd and lascivious acts involve “a wicked, lustful, unchaste, licentious, or sensual intent on …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, lewd or lascivious molestation (Fla. Stat. Section 800.04(5)) and lewd or lascivious battery (800.04(4)) are both very serious felony sexual offenses. Each of these crimes involve illegal sexual activity with a minor. However, there are key differences between them. This article will discuss the elements of lewd or lascivious molestation and lewd or lascivious battery, as well as …

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

In Florida, transmission of material harmful to minors (Fla. Stat. Section 847.0138) and online solicitation of a minor (Fla. Stat. Section 847.0135(3)) are both serious third-degree felonies that may be easily confused with one another. A minor under these statutes is defined as a person under the age of 18. However, these are distinct crimes which may be charged separately …

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

In Florida, two types of felony sexual solicitation charges are often brought: online solicitation of a minor (Fla. Stat. Section 847.0135) and solicitation of a minor to engage in lewd or lascivious conduct (Fla. Stat. Section 800.04(6)(a)(2)).  Being found guilty of soliciting a minor under either of these statutes can lead to years in prison, even if no sexual act …