Frequently Asked Questions About Traveling to Meet a Minor in Florida

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

In Florida, traveling to meet a minor for the purpose of sexual activity (Fla. Stat. 847.0135(4)) is a very serious criminal offense. However, it is often misunderstood. This blog will answer all of the most frequently asked questions about the charge of traveling to meet a minor in Florida.

#1 – What is “traveling to meet a minor?”

Florida’s law criminalizing “traveling to meet a minor” outlaws someone traveling or attempting to travel for the purpose of engaging in unlawful sexual activity with a person under the age of eighteen. 

Someone must solicit, seduce, lure or entice an actual minor or someone believed to be a minor to engage in unlawful sexual activity, then travel or attempt to travel for that purpose to violate the statute. Florida law also criminalizes soliciting (or attempting to solicit) a parent or guardian of a minor (or someone believed to be in this role) to engage in sexual activity with the minor. 

#2 – Does “believed to be a minor” include an undercover police officer?

Yes, this definition does include an undercover police officer. In Florida, if someone believed they were traveling to meet a minor for sexual activity, the crime is committed regardless of whether the person they were communicating with was actually under the age of 18. 

This is most commonly at issue in law enforcement stings, where officers pretend to be children and arrest individuals when they travel to meet them, allegedly for a sexual purpose. Although such stings are legal, law enforcement cannot use certain methods to facilitate the commission of the offense (e.g. force, coercion, persuasion), as this is entrapment.

#3 – Is traveling to meet a minor a felony or a misdemeanor?

Traveling to meet a minor is a second-degree felony offense in Florida. It is punishable by up to 15 years in prison and a $10,000 fine. A conviction may also come with additional difficulties, such as strict probationary conditions and addition to the sex offender registry. 

Someone does not receive a less severe charge if the “victim” was ultimately a police officer or another adult. Even if someone is ensnared in a police sting, traveling to meet a minor is still a second-degree felony. 

#4 – What if I thought I was traveling to meet an adult, but it was a minor?

If the alleged victim of the offense is a real minor (<18 years old), mistake of age is not a defense at trial. Even if the minor actually convinced the defendant that they were an adult before the defendant traveled to meet them for sexual activity (e.g. through a dating app profile), this is not a defense to the charge.

#5 – What if I thought I was talking to an undercover officer, but traveled anyway and got arrested?

In certain cases, someone may have had serious doubts they were speaking with an actual minor, but traveled anyway. Some cases may even involve a person stating in online communications that they believe they are talking to a police officer.

If someone travels in spite of this and is arrested by an undercover law enforcement officer upon arrival, they can still be convicted of traveling to meet a minor. However, the State must prove the defendant actually believed they were meeting a person under the age of 18 for the purpose of sexual activity.

Florida’s courts have often held that traveling is itself a very strong indicator of belief that a person believes they are meeting a minor. But in certain circumstances, someone may travel in spite of intense skepticism or even disbelief. In these cases, a “lack of belief” defense may be explored.

#6 – Does someone have to solicit a minor before traveling for the crime to be committed?

Yes, solicitation before traveling is an element of the charge. The elements of traveling to meet a minor are:

• The defendant used a computer, online service, internet service or electronic device (such as a phone or tablet) to communicate with another person
• During the communication, the defendant intended to seduce, solicit, lure or entice a child (under the age of 18) or someone believed to be a child to engage in unlawful sexual activity
• The defendant then traveled or attempted to travel to a location within Florida with the intent to meet the minor (or person believed to be a minor) for the purpose of engaging in unlawful sexual activity

If there is no effort to “seduce, solicit, lure or entice” a minor into unlawful sexual activity prior to traveling, the crime has not been committed. State v. Shelley, 176 So.3d 914 (Fla. 2015)

#7 – Can I be convicted of both online solicitation and traveling to meet a minor?

No, someone cannot be convicted of both solicitation and traveling to meet a minor if this arose from a single course of conduct. This is because the elements of online solicitation of a minor (Fla. Stat. 847.0135(3)) are subsumed by the elements of traveling, so convicting someone of both for the same conduct would violate double jeopardy. 

In certain cases, someone may be charged and convicted of both offenses. But this is generally only in cases where there is a significant break in time (e.g. weeks or months) between one solicitation that does not lead to traveling and another that does (two separate courses of conduct), or there are multiple victims. Mizner v. State, 154 So.3d 391 (Fla 2d. DCA 2016)

If someone is charged with both offenses for the same course of conduct, an experienced and aggressive Florida criminal defense attorney can move to dismiss the solicitation charge on the grounds that the defendant’s constitutional protection against double jeopardy is being violated.

#8 – Do I have to let the police go through my phone if I am arrested after traveling?

No, the police do not have a right to go through your phone if you are arrested and accused of traveling to meet a minor. They must either get your consent to go through the phone (exercise your Fourth Amendment right and say “no”), or seek out a warrant for the device. 

Law enforcement may temporarily impound your phone (take it into custody pending a warrant), but cannot actually search it without either getting consent or a lawful warrant. 

#9 – If a police officer is involved, when does it become entrapment?

One of the most common questions after someone is ensnared in a police sting and arrested for traveling to meet a minor is – “wasn’t I entrapped?” The answer is that it depends on both the conduct of the defendant, and the conduct of the officers.

There are two types of entrapment – subjective and objective. Objective entrapment is argued when police conduct is so egregious that it violates someone’s due process rights, contaminating any charges brought against them to such a degree that they must be dismissed (e.g. cooking meth to sell to people to arrest them). Dippolito v. State, 275 So.3d 653 (Fla 4th DCA 2019). 

The more common (and more successful) entrapment defense in traveling cases is subjective entrapment (Fla. Stat. 777.201). This first requires establishing inducement by police – use of tactics that risked ensnaring a defendant who was not ready and willing to commit the crime. This may include threats, coercion, promises of friendship or money, and more. Munoz v. State, 629 So. 2d 90 (Fla. 1993)

Once the defense shows inducement by a preponderance (majority) of the evidence, the State must prove the defendant was predisposed to commit the offense beyond a reasonable doubt. Predisposition means the defendant was “ready and willing” to commit the offense, practically jumping at the opportunity to do so.

 If the State fails to prove predisposition after inducement has been established, the charges must be dismissed. But if the court finds someone was predisposed to commit the crime of traveling to meet a minor, a charge can survive even if inducement is shown. 

#10 – What defenses are available if someone is charged with traveling to meet a minor?

In addition to an entrapment defense, there are other defenses available if someone is arrested and charged with traveling to meet a minor in Florida. This may include:

• Lack of solicitation (does not require explicit agreement for a sex act, but lack of sexual conversation at all may undermine the solicitation component of the traveling charge)
• Lack of genuine belief of a minor (if it was ultimately an adult/police officer)
• No traveling or attempted to travel actually occurred (e.g. police drive to someone’s house and arrest them before they actually try to meet with a minor)
• Lack of intent to engage in a sexual act (e.g. the purpose for the meeting was not sexual in nature)

By understanding the answers to all of the above frequently asked questions, someone can develop a much better understanding of Florida’s traveling to meet a minor law if they or a loved one are involved in such a case. If someone is in such a situation, the most important next step is contacting an experienced and aggressive Florida criminal defense attorney.

If someone is arrested and formally charged in Florida with traveling to meet a minor, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

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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