Solicitation of a Child to Engage in an Act That Constitutes Sexual Battery By a Person in Familial or Custodial Authority in Florida

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

In Florida, sexual battery by a person in familial or custodial authority is a very serious offense, carrying a sentence of up to life in prison. But a related criminal offense that may be charged is solicitation of a child (under age 18) to engage in an act constituting sexual battery (Fla. Stat. 794.011(8)(a)).

Though this offense is not well understood, it is a serious crime in Florida that carries heavy criminal and financial consequences. This blog will answer frequently asked questions about Solicitation of a Child to Engage in an Act That Constitutes Sexual Battery By a Person in Familial or Custodial Authority in Florida.

#1 – What is Solicitation of a Child to Engage in an Act That Constitutes Sexual Battery By a Person in Familial or Custodial Authority?

Solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority occurs when all of the following are true:

• The defendant solicited a victim to engage in a sexual battery
• At the time, the victim was less than 18 years of age
• At the time, the defendant was in a position of familial or custodial authority to the victim

#2 – What does the law define as “sexual battery?”

Fla. Stat. 794.011 defines sexual battery as either (or both) of the following:

• The sexual organ of the defendant/victim penetrated or had union with the anus, female genitals, or mouth of the victim/defendant
• The anus or female genitals of the victim/defendant (or both) were penetrated by an object, which includes a finger. (Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013))

Note: “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and/or vagina under the statute.

#3 – Is Solicitation of a Child to Engage in an Act That Constitutes Sexual Battery By a Person in Familial or Custodial Authority a felony?

Yes, solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority is a third-degree felony in Florida. It is punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. 

If someone is found guilty, they may face additional consequences – including being forced to register as a sex offender. For more information on this important topic, click here.

#4 – Does the act have to take place for the crime to occur?

No, it is not necessary that an act constituting sexual battery occur for the crime to have been committed. The offense occurs when someone in a position of familial or custodial authority solicits a minor (under 18) to engage in an act constituting sexual battery, as defined by the statute.

#5 – What is considered a familial authority?

The term “familial authority” in Florida is defined as a relationship that creates “a recognizable bond of trust” similar to that between a child and a father, grandfather, uncle, or guardian. This is not confined to immediate blood relatives. Crocker v. State, 752 So.2d 615 (Fla. 2d. DCA 1999). 

Under Fla. Stat. 751.01, if they are acting in loco parentis (the capacity of a parent) and an adult, family members for the purpose of charging a “familial authority” enhancement may include:

• Grandparents and great-grandparents
• Siblings 
• First cousins
• Aunts, uncles, and great-aunts and great-uncles
• Nieces or nephews 

While consanguinity (blood relationship) and affinity (marital relationship) are strong indicators of a familial relationship, they are not strictly necessary. Moreover, the defendant and victim do not need to reside in the same household for a familial relationship to exist. Oliver v. State, 977 So.2d 673 (Fla. 5th DCA 2008))

#6 – What is considered a custodial authority?

Custodial authority is defined as involving a duty or obligation to care for another, typically implying responsibilities in loco parentis. Hallberg v. State, 649 So.2d 1355 (Fla. 1994) 

Courts evaluate the totality of the circumstances as to the relationship between the child victim and the adult defendant. Custodial authority enhancements are most often applied to figures such as teachers, stepparents, and individuals in positions of religious authority who have frequent contact with a child. 

Courts have noted that “custodial authority” typically extends to any adult who has a close, household-based relationship with the child victim. Coleman v. State, 485 So.2d 1342 (Fla. 1st DCA 1986)

If someone is charged in a case involving alleged sexual battery by a family member or person in custodial authority, it is critical to seek out 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 hefty fines and prison time. 

#7 – What if someone was an “authority figure” at the child’s school?

This makes the crime of solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority a second-degree felony (up to 15 years in prison and a $10,000 fine).

Under Fla. Stat. 775.0862, “authority figure” refers to a person 18 or older who is employed by, volunteering at, or under contract with a school. A “student” is considered someone under the age of 18 who is enrolled at the school.

When any sexual felony is committed by a school authority figure upon a student under 18 years of age (including solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority) the charge is increased in severity by one degree. Thus, the offense is a second-degree felony if done by a school authority figure to a student victim.

#8 – What does solicitation mean in this statute?

Under Florida law, “solicit” means to command, encourage, hire, or request another person to engage in specific conduct, “to entice or lure especially into evil” or “to proposition (someone) especially as or in the character of a prostitute.” Grohs v. State, 944 So.2d 450 (Fla. 4th DCA 2006) 

#9 – Is it sexual battery even if the alleged victim didn’t resist/wanted the solicitation to take place?

Yes, the law makes no distinction as long as the victim was a minor (under the age of 18). This is because minors cannot legally consent to sex. There are no exceptions, especially for someone in a position of familial or custodial authority, where the penalties are particularly severe.

Even if the solicitation was part of mutual “dirty talk” or was not objected to by the alleged victim, the crime has still occurred. The law only requires that a sexual act be solicited that constitutes sexual battery. 

“Sexual battery” is not limited to forcible rape. Any intercourse (sexual penetration or union) with a minor at the hands of a familial or custodial authority is sexual battery. This cannot be reduced to a lesser felony (e.g. lewd or lascivious offense) based on a lack of force or coercion – Florida law sees this as irrelevant if the defendant is a familial or custodial authority.

#10 – What do “penetration” and “union” mean?

“Union” involves contact of the genitals or an object with a relevant portion of the victim’s anatomy (mouth, anus, vagina), whereas “penetration” requires some entry into the relevant anatomical part. Seagrave v. State, 802 So. 2d 281 (Fla. 2001). 

#11 – What are potential defenses to this charge?

Various defenses are available to the charge of solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority, one or more of which may apply in a given case. These include:

• Fabricated allegations (the alleged solicitation never occurred)
• The defendant is not in a position of familial or custodial authority 
• Misunderstanding (e.g. construing something vague as a sexual solicitation)
• No request for an act constituting sexual battery
• The “minor” was not underage at the time of the solicitation
• Lack of school authority figure (if charged with 775.0862 enhancement)

However, mistake of age (erroneously believing the minor was an adult, even in good faith) and consent are not lawful defenses to this charge.

In sum, solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority is a very serious third-degree (enhanceable to second-degree) felony in Florida – and it does not require an act constituting sexual battery to occur. If it does, this is punishable separately as a life felony.

By understanding the answers to the above FAQs, someone will have a comprehensive understanding of solicitation of a child to engage in an act that constitutes sexual battery by a person in familial or custodial authority in Florida. If someone is charged, it is vital to find experienced and aggressive legal representation as soon as possible.

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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