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Florida law criminalizes certain types of communication with minors, particularly those deemed harmful to their well-being. These charges carry severe penalties and offer limited defenses, making it crucial to have skilled legal representation if you face such allegations. At Goldman Wetzel, our experienced sex crimes attorneys are known for handling sensitive cases, including those involving allegations of harmful communication to a minor. We stand by our clients, offering strength, optimism, and an unwavering commitment to their defense. Call today to begin working with a St. Petersburg harmful communications to a minor laywer.
Florida Statute Section 847.01385 makes it illegal for an adult to engage in a pattern of communications with a minor that is harmful and involves explicit descriptions or accounts of sexual activity, sexual conduct, or sexual excitement. These communications can be verbal, written, or transmitted through other forms of media.
The statute references the definition of “sexual activity” under Section 800.04(1)(d), which includes specific acts such as oral, anal, or female genital penetration or union with another’s sexual organ or an object. Beyond these acts, the law also covers broader categories of harmful communications, such as those involving sexual conduct or sexual excitement. This broad scope can encompass remarks or exchanges that may not seem overtly criminal but fall within the statute’s definition of harm to a minor. A St. Petersburg attorney can explain harmful communications to a minor charges more thoroughly during a private consultation.
Violation of Florida’s harmful communication to a minor statute is punishable as a third-degree felony. The potential punishment upon conviction is a term of imprisonment of up to five years under Statute Section 775.082. Additionally, a violation may require a defendant to register as a sex offender and comply with the state’s various reporting obligations.
Unlike some other criminal statutes, Florida’s harmful communication law explicitly limits certain defenses that a defendant might attempt to raise. Under Statute 847.01385, the following defenses are not permitted:
Although these defenses are barred, there are other potential strategies to challenge the charges. For example, a skilled St. Petersburg harmful communications to a minor attorney can evaluate whether procedural violations occurred during the investigation or the evidence supports the prosecutor’s claims. Additionally, the outcome of these cases often hinges on whether the communication meets the legal threshold for harm as defined by the statute. Disputes over the nature and context of the communication can form the foundation of a strong defense.
Facing allegations of harmful communication to a minor can be overwhelming and stressful. At Goldman Wetzel, we are here to provide the support and advocacy you need. Our team offers strength, optimism, and a deep understanding of Florida’s criminal justice system to help you navigate this challenging time.
Contact us today to schedule a free case review with a St. Petersburg harmful communications to a minor lawyer. Let us stand by your side and fight for your rights and future.