Solicitation of a Minor in Florida: Lewd or Lascivious vs. Online Solicitation Explained

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 occurred. However, there are key differences between these offenses – both in how they are punished and whether an actual minor is required to be the subject of an alleged solicitation. 

This article will explore two major Florida laws surrounding solicitation of a minor, defenses to these charges, and key differences between them – including the legal requirement for a lewd or lascivious charge that the subject of the solicitation was an actual minor (under the age of 16).

For someone to be proven guilty of online solicitation of a minor, the State must establish the following elements beyond a reasonable doubt:

• The defendant knowingly used a computer, online service, internet service, local bulletin board service or any device capable of electronic data transmission
• The defendant used the device to seduce, solicit, lure or entice a minor to engage in sexual activity (or attempt to do so)
• The communication was with a minor (under the age of 18) or someone believed by the defendant to be a minor (including an undercover officer)
• The purpose of the communication was to facilitate the engagement in any unlawful sexual conduct or sexual activity with the minor

Online solicitation of a minor is a third-degree felony (Fla. Stat. Section 847.0135(3)) in Florida, punishable by up to 5 years in prison and a $5,000 fine. If someone misrepresents their age in the process of soliciting a minor, this is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

For someone to be proven guilty of solicitation of a minor to engage in lewd or lascivious conduct (800.04(6)(a)(2)), the State must prove the following elements beyond a reasonable doubt:

• The defendant solicited the victim to commit a lewd or lascivious act (“wicked,” “unchaste,” or done with the intent of sexual gratification)
• The solicitation was intentional and for a sexual purpose
• The victim was under 16 years old
• The defendant was not legally married to the victim 

Solicitation of a minor to engage in lewd or lascivious conduct (a form of lewd or lascivious conduct criminalized by Fla. Stat. Section 800.04(6)) is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.

Depending on the facts of the case, someone may face a charge of either online solicitation or solicitation of a minor to engage in lewd or lascivious conduct. Online solicitation of a minor is a common charge if someone is ensnared in a police sting and transmits a digital communication that allegedly constitutes solicitation, seduction, luring, or enticement of a minor (under 18) to engage in a sexual act.

Note: “Solicit” means to command, encourage, hire, or request another person to engage in specific conduct, “to entice or lure 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) 

Conversely, solicitation of a minor to engage in lewd or lascivious conduct applies to solicitations of an actual minor under the age of 16 (Pamblanco v. State). The statute targets more general sexual solicitation, rather than sexual solicitation done exclusively through online means. If a real-world (physical) solicitation of a minor under 16 takes place to engage in a sexual act, it is lewd or lascivious solicitation. 

Important: Neither form of solicitation requires the completion of an underlying sexual act to qualify. The solicitation itself is a crime. But a charge of lewd or lascivious molestation by solicitation (Fla. Stat. 800.04(5)) is distinct, and requires actual physical contact to accompany the solicitation for the crime to be committed. Sylvaince v. State, — So.3d —- (Fla. 6th DCA 2025).

A key difference between online solicitation of a minor and solicitation of a minor to engage in lewd or lascivious conduct is that lewd or lascivious solicitation requires the victim of the solicitation to be an actual minor under the age of 16. Pamblanco v. State, 111 So.3d 249 (Fla 5th DCA 2013) 

In Pamblanco, the adult defendant began contacting a twelve-year-old girl he did not know. The girl’s mother turned the device over to the police, who continued chatting with Pamblanco while pretending to be the girl. Pamblanco eventually sent a solicitous text to the officer – and was charged with solicitation of a minor to engage in lewd or lascivious conduct (800.04(6)(a)(2)).

On appeal, Pamblanco observed that unlike Florida’s online solicitation of a minor statute, the law against solicitation to engage in lewd or lascivious conduct does not allow charges to be brought if the solicitation was made to what was believed to be a minor – only if the victim is an actual minor. Since the officer had control of the phone (not the minor), Pamblanco argued he did not commit the charged offense.

The Fifth District Court of Appeal agreed. It held that under the plain language of the statute, the crime of solicitation of a minor to engage in lewd or lascivious conduct is committed only when the solicitation was directed to an actual minor under the age of 16. Id.

Though Pamblanco’s solicitation may have been chargeable as online solicitation of a minor, as Fla. Stat. Section 847.0135(3) outlaws online solicitation of someone believed to be a minor, there is no such language in the lewd or lascivious statute. Id.

Various defenses exist to both charges. If someone is accused of online solicitation of a minor in Florida, the following defenses may be relevant, depending on the facts of a case:

• Entrapment: If police misconduct is so egregious that it violates the defendant’s due process rights (during a sting), or law enforcement induces a non-predisposed defendant to commit a crime they would not have otherwise committed, entrapment is a powerful defense.
• Lack of criminal intent: The message in question did not contain an actual solicitation (or was not intended to solicit, seduce, lure or entice the alleged victim to engage in sexual activity).
• Lack of knowledge about age: If the solicitation occurs when the defendant initially thinks they are speaking to an adult (if they respond to a fake dating profile of someone over the age of 18 with a sexual solicitation before an undercover officer behind it claims to be a minor, for example), this is not criminal solicitation.

Defenses to solicitation of a minor to engage in lewd or lascivious conduct may include:

• Age of the victim: If the victim is 16 or older, the charges must be dismissed as a matter of law (as the statute only covers victims under 16 at the time of the alleged solicitation)
• Lack of lewd or lascivious intent (“wicked,” “unchaste,” or done with the intent of sexual gratification)
• Misidentification/false accusation
• Insufficient evidence

Note: Mistake of age (even if due to misrepresentation by the minor) and consent are not valid defenses to either of the charges.

In sum, 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)) are very serious felony offenses in Florida. Online solicitation is generally a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine), while lewd and lascivious solicitation is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine).

There are key differences between these statutes – one of these being that lewd or lascivious solicitation can occur either online or in-person, while online solicitation charges only cover those that occur digitally (over the internet, text, etc.). Moreover, lewd or lascivious solicitation requires an actual minor victim (under age 16) while online solicitation criminalizes solicitation of actual minors and those believed to be minors (such as undercover officers).

Various defenses exist to online solicitation and solicitation of a minor to engage in lewd or lascivious conduct. These include lack of intent to solicit, entrapment, misidentification or false allegation, and more.

In the event someone is charged with a lewd or lascivious offense or online solicitation of a minor, it is vital to seek out aggressive and experienced legal counsel as soon as possible. The attorneys at Pumphrey Law have decades of experience fighting to win for clients across Florida.

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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