What Does It Mean to Solicit a Minor Online in Florida?

June 30, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, online solicitation of a minor or someone believed to be a minor (such as an undercover officer) for sexual activity is a very serious felony offense. Online solicitation of a minor is a third-degree felony, punishable by up to 5 years in prison, 5 years probation, and a $5,000 fine.

When someone is charged with online solicitation of a minor (under 847.0135(3)), a common question is whether the alleged communication was an actual solicitation. Under Fla. Stat. 847.0135, someone is prohibited from doing any of the following:

• Soliciting or attempting to solicit a minor to engage in prohibited sexual activity
• Seducing or attempting to seduce a minor to engage in prohibited sexual activity
• Luring or attempting to lure a minor to engage in prohibited sexual activity
• Enticing or attempting to entice a minor to engage in prohibited sexual activity

Note: A minor is someone under the age of 18. Under Fla. Stat. 794.05, for adults between the ages of 18 or 23, a minor for purposes of consent to sex is anyone under the age of 16. 

In certain cases, someone may engage in “dirty talk” with a minor or someone they believe to be a minor (such as discussing sex acts in the abstract, or asking sexually-charged questions). But when does this behavior become criminal solicitation? This article will explore the answer to this frequently asked question.

In a case alleging online child solicitation under 847.0135(3), the State must prove that the defendant used the following to seduce, solicit, lure or entice a minor to engage in prohibited sexual activity:

• A computer online service, Internet service, local bulletin board service, or 
• Any other device capable of electronic data storage or transmission 

Though Florida’s courts have debated this issue, the case of Grohs v. State provides clear definitions as to what constitutes solicitation, seduction, luring, or enticement for purposes of violating state laws against child solicitation. Grohs v. State, 944 So.2d 450 (Fla. 4th DCA 2006) 

In Grohs, the appellant exchanged emails and had multiple phone calls with “Bobby,” a fictional 15-year-old who was actually an undercover officer. After he was arrested for traveling to meet the fictional minor, Grohs moved for a judgment of acquittal at trial. He argued the State did not prove that he explicitly solicited “Bobby” to engage in a particular sex act with him.

The State opposed the motion, asserting that Fla. Stat. 847.0135 did not render Grohs immune from prosecution “as long as he [was] not explicit with his intentions while online.” The State argued for a broader reading of the law that did not require a clear request for particular sexual activity. The judge agreed and the jury convicted Grohs.

Grohs argued on appeal that based on the plain meaning of “solicitation” to engage in prohibited sexual activity, that he could not be convicted. But the 4th DCA upheld Grohs’s conviction. 

It reasoned that although Grohs may have not technically “solicited” a particular sex act from “Bobby,” the jury had a clear basis based on the record to conclude that Grohs had done at least one of the following:

• Seduced or attempted to seduce the undercover officer who he believed to be a child to engage in prohibited sexual activity
• Lured or attempted to lure the undercover officer who he believed to be a child to engage in prohibited sexual activity
• Entice or attempted to entice the undercover officer who he believed to be a child to engage in prohibited sexual activity

Florida’s law against online solicitation of a minor expressly prohibits seduction, luring or enticing minors (or those believed to be minors) to engage in sexual activity in addition to explicit solicitation. 

Grohs discussed the meaning of all four of these terms, relying on their dictionary definitions in the absence of clear definitions in the statute itself.

According to Grohs:

• “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” 
• “Seduce” means “to carry out the physical seduction of: entice to sexual intercourse” 
• “Lure” generally means “to draw with a hint of pleasure or gain: attract actively and strongly”
• “Entice” typically means “to attract artfully or adroitly or by arousing hope or desire: tempt.” It also means to lure, induce, tempt, incite, or persuade a person to do a thing. Lindemuth v. State, 247 So.3d 635 (Fla. 3d. DCA 2018)

If someone is charged, there are various defenses to online solicitation of a minor. These may include: 

• Entrapment: Under Florida law, someone may argue that as a matter of law, they were entrapped to commit a crime. If this defense is successful, a person may avoid conviction
• Lack of intent: A person must intend to solicit, seduce, lure, or entice a minor to engage in sexual activity to be guilty under the statute
• Insufficient evidence: The State may not have sufficient evidence to prove their case beyond a reasonable doubt
• Jurisdictional challenges (if neither party was in Florida at the time of the communications)

In sum, online solicitation of a minor is a very serious felony offense in Florida.

Under Grohs, if someone is found to have solicited, seduced, lured or enticed a minor to engage in illegal sexual activity under Florida law, they must have done one or more of the following: 

• Command, encourage, hire, or request the minor (or someone believed to be a minor) to engage in prohibited sexual activity
• Carry out the physical seduction of or otherwise entice a minor (or someone believed to be a minor) to engage in prohibited sexual activity
• Draw or attempt to draw in (“with a hint of pleasure or gain”) the minor (or someone believed to be a minor) to engage in prohibited sexual activity
• Attract artfully or adroitly or by arousing hope or desire/tempting the minor (or someone believed to be a minor) to engage in prohibited sexual activity

The question of whether solicitation, seduction, luring or enticement occurred is likely to be one for the finder of fact (jury) at trial. But if the undisputed facts in the record clearly do not establish that the communications violate Fla. Stat. 847.0135, an experienced and aggressive Florida defense attorney can move for dismissal of the charges as a matter of law.

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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