Crimes where children are the victims are some of the most aggressively prosecuted and harshly punished. While many of the relevant laws deal with physical interactions or exploitation, Florida also has a law that prohibits certain types of communication with minors, specifically those that are considered harmful to children. A conviction can have serious consequences, and even an accusation can affect your reputation because of the publicity it can attract.
If you have been accused of such inappropriate messaging, it is vital to have a Bradenton harmful communication to a minor lawyer represent you against the charges. At Goldman Wetzel, our compassionate team of attorneys is committed to defending the rights of those accused of serious sex crimes to ensure a fair and just outcome.
The exact law regarding prohibited communications with minors is Florida Statutes § 847.01385. This law states that it is a crime for an adult to engage in a pattern of communication with a minor that is harmful and involves descriptions of:
It further defines “communication” as any form of verbal or written contact.
The crime is classified as a third-degree felony, and a conviction can carry a prison sentence of up to five years and up to a $5,000 fine. Additionally, those convicted may be required to register as sex offenders, which can severely affect future job opportunities and housing choices.
The statute only specifically defines the term “sexual activity” according to the definition found in Fla. Stat. § 800.01(1)(d), which concerns oral, anal, or genital penetration by another sexual organ or an object. Other than this, the terms “sexual conduct,” “sexual excitement,” and “harmful to minors” are left undefined. This means that there is a broad range of acts or words that may seem innocuous but are nevertheless prohibited under the law.
An experienced Bradenton attorney can help explain what the law deems harmful contact with children. They can also use this as a starting point to construct a strategy for your defense against the charges.
It is common for someone accused of this offense to claim that they did not know they were communicating with someone underage. While this may be true, it is not a defense to the charge. In fact, the statute explicitly excludes certain defenses against an alleged violation. These defenses are:
These statutory exclusions limit the options available to you when challenging the charges, but there are other potential defenses.
Since you are accused of a crime, the burden of proof is on the prosecution, meaning the prosecutor must provide enough evidence to convince a judge or jury that you are guilty of the crime. Additionally, law enforcement officers have strict procedures they must follow when conducting their investigations and gathering evidence.
This allows your defense the opportunity to challenge the reliability of the prosecutor’s evidence to cast doubt on their case. Procedural violations during law enforcement’s investigation could also render some evidence inadmissible. Lastly, the broad nature of the statute’s phrasing can allow your legal team to dispute whether the communication was indeed harmful.
A skilled lawyer can review the facts of your case to develop a defense strategy against charges of inappropriate contact with a child in Bradenton. Often, this can depend on the tiniest of details, which is why an attorney is essential to mounting an effective defense.
If you have been accused of a crime, you have every right to defend yourself. A Bradenton harmful communication to a minor lawyer from Goldman Wetzel can help. A conviction can have serious consequences, and you deserve a chance to tell your story.
Your chance of achieving a fair outcome increases with an attorney by your side throughout the process. Call Goldman Wetzel today to set up a free consultation with a member of our team.
(727) 828-3900 