FAQs About Lewd or Lascivious Written Solicitation of Certain Minors in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, someone may be charged with soliciting a minor online (or someone believed to be a minor) for sexual activity. In some cases, they may face an allegation of lewd or lascivious written solicitation of certain minors (Fla. Stat. 794.053). 

This blog will discuss lewd or lascivious written solicitation of certain minors and answer frequently asked questions about this offense.

#1 – What is lewd or lascivious written solicitation of certain minors?

Lewd or lascivious solicitation of written certain minors occurs when all of the following are proven beyond a reasonable doubt:

• The defendant, in writing, solicited a victim to commit a lewd or lascivious act
• At the time, the victim was 16 or 17 years of age
• At the time, the defendant was 24 years of age or older

#2 – Is lewd or lascivious written solicitation a felony or misdemeanor?

Lewd or lascivious written solicitation of certain minors is a third-degree felony. It’s punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

#3 – What do “lewd” and “lascivious” mean?

Under Florida law, lewd and lascivious mean the same thing – a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing the act. Lewd or lascivious behavior has also been defined as involving “unlawful indulgence in lust, eager for sexual indulgence.” Andrews v. State, 130 So. 3d 788 (Fla. 1st DCA 2014).

#4 – Does the act solicited actually need to take place for the crime to be completed?

No. Florida law makes clear that the unlawful sexual activity that is solicited does not actually have to occur for someone to be convicted of written solicitation of certain minors. In fact, the completion of such activity may be charged as a separate offense. The only question is whether an illegal solicitation occurred.

#5 – Does “written” solicitation also mean text or email?

Likely, yes. Although Florida’s courts have not specifically interpreted this in the context of this particular statute (Fla. Stat. 794.053), courts generally read similar provisions in other statutes to encompass not just physical writing – but modes of digital communication such as text or email. Duclos-Lasnier v. State, 192 So.3d 1234 (Fla. 2d. DCA 2016)

#6 – What is the difference between written solicitation of certain minors and online solicitation of a minor?

This is a key question, as many think these statutes are essentially interchangeable. However, there are many differences between Florida’s law against online solicitation of a minor (Fla. Stat. 847.0135(3)) and its written solicitation statute (Fla. Stat. 794.053). These include:

• Online solicitation of a minor involves any minor under 18; written solicitation only covers solicitation of a 16 or 17 year old
• The “solicitor” must simply be any adult (18 or older) in an online solicitation of a minor case; written solicitation requires the defendant be 24 or older
• Online solicitation of a minor criminalizes “soliciting, seducing, luring, or enticing” a minor to engage in unlawful sexual activity; written solicitation only covers solicitation specifically
• Online solicitation of a minor must occur via text, email or other digital means; written solicitation can either be physically transcribed or done online

Both of these offenses are third-degree felonies punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

#7 – What does “solicitation” actually mean in the context of this statute?

“Solicitation” is defined under Fla. Stat. 777.04(2) as “commanding, encouraging, hiring, or requesting another to engage in specific conduct.” Courts have also defined solicitation in the context of a sexual communication to mean “enticing and luring, especially into evil” and “to proposition (someone) especially as or in the character of a prostitute.” Grohs v. State, 944 So. 2d 450 (Fla. 4th DCA 2006)

#8 – What is considered a lewd or lascivious act in Florida?

There are many acts that are considered “lewd or lascivious” in Florida. However, a lewd or lascivious act generally involves one the following:

• Sexual acts: Any intentional touching of a minor’s genitals, buttocks, breasts, or clothing covering these in a sexual manner
• Sexual conduct: Engaging in or soliciting sexual activity with a minor, including exposing the genitals in a lewd manner or otherwise propositioning a minor to engage in sexual acts
• Indecent behavior: Acts that are sexually suggestive or offense to community standards (e.g. masturbation in the minor’s presence or showing them pornographic material)

For more information on lewd or lascivious acts under Florida law (including a breakdown of lewd or lascivious offenses), click here. 

#9 – Is mistake of age a defense in a written solicitation case?

No, mistake of age is not a lawful defense in Florida. A defendant’s ignorance of a victim’s age, even if it’s the result of a genuine belief due to the victim’s misrepresentation, cannot defeat the charge. If the minor was 16 or 17 and the victim of a written solicitation, the offense has been committed. Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006)

#10 – What are the defenses to lewd or lascivious written solicitation of certain minors?

There are various defenses available to a lewd or lascivious written solicitation of certain minors charge, one or more of which may apply in any given case. These include:

• Lack of intent to solicit the minor (e.g. non-sexual communications/other lawful justification for the messages)
• Entrapment: If law enforcement induced a non-predisposed defendant to make a written solicitation, entrapment may be a defense
• Mistaken identity: Someone else wrote the solicitation or used the device from which the solicitation was sent
• Insufficient evidence: If a “written solicitation” is claimed but there is no evidence that it actually occurred (e.g. just an accusation by the alleged victim), an insufficient evidence defense can be raised
• False allegations: Potentially a strong defense if there is motive to fabricate (e.g. a custody dispute or animus towards the defendant by the victim/someone close to the victim), and nothing definitive tying the defendant to the solicitation
• Procedural defenses: May include moving to exclude certain evidence (e.g. records of the communications), motions to suppress a defendant’s post-Miranda statements, and more

In sum, lewd or lascivious written solicitation of certain minors is a serious felony offense in Florida. It is not frequently charged – and is best known as being a permissive lesser-included offense of traveling to meet a minor (Fla. Stat. 847.0135(4)). 

But lewd or lascivious written solicitation is still a standalone crime that many are charged with. By understanding the answer to the above FAQs, someone will be better prepared if themselves or a loved one is involved in a case involving an allegation of written solicitation of a minor.

If someone is charged with solicitation of a minor, it is critical to find experienced and trusted legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term, hefty fines, and whether they are required to register as a sex offender for the rest of their life.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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