Pumphrey Law Blog

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 …

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

Florida’s 5th District Court of Appeal reversed a trial judge’s withhold of adjudication for a defendant who entered an open plea to traveling to meet a minor, among other charges. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) is a very serious second-degree felony. For someone to be proven guilty, the State must establish all of the following …

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

Florida’s 1st District Court of Appeal vacated one of a defendant’s two convictions for online solicitation of a person believed to be a minor on double jeopardy grounds. In Florida, online solicitation of a minor (Fla. Stat 847.0135(3)) and traveling to meet a minor for the purpose of unlawful sexual activity (Fla. Stat. 847.0135(4)) are serious felonies. Solicitation is considered …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of appeal reversed a defendant’s sentence to the statutory maximum because the trial judge appeared to take into consideration the fact that the defendant was not American. In Florida, traveling to meet a minor (Fla. Stat. 847.0135(4)) and solicitation of a minor online (Fla. Stat. 847.0135(3)) are very serious offenses. Someone may be charged with either …

December 4, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal held that just because an undercover officer lied about their age in a traveling to meet a minor police sting, this did not mean the defendant was entrapped. In Florida, entrapment is a well-known but frequently misunderstood defense. Entrapment occurs when government agents (e.g. police) impermissibly induce a defendant to commit a crime that …