Sex sting cases are usually won or lost on the chat transcript, and the State controls how that transcript was made. I learned how these investigations are built as a Major Crimes Unit attorney handling sex crime cases, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have defended people arrested in Hillsborough County Sheriff’s Office sting operations. Our attorneys read every message, every timestamp, and every profile the detectives used before we advise a client on anything.

How do Tampa sex stings work?

Tampa Bay sex stings are undercover operations in which detectives pose online as a minor, or as a parent or relative offering a minor, and arrest the people who respond. In a four-day operation in April 2025, the Hillsborough County Sheriff’s Office arrested 15 people, according to a May 2025 Hillsborough County Sheriff’s Office press release. Detectives posed both as relatives of a juvenile offering to sell a minor and as juveniles on social media. Twelve people were arrested when they arrived at the meeting location, and 3 who agreed but did not show up were arrested later on warrants.

Operations can run much larger. In October 2025, the Sheriff announced 171 arrests from a months-long operation called Operation Unmasking Predators, with charges including human trafficking and traveling to meet a minor, according to news reports of the Sheriff’s announcement. In our experience, Hillsborough stings follow two patterns, and the pattern shapes the charges:

What charges come from a Tampa sex sting?

One conversation can produce several felonies. These are the charges our attorneys see most often in Hillsborough County sting cases:

Under section 847.0135, Florida Statutes, solicitation and traveling both reach “another person believed by the person to be a child,” so the absence of a real child is no defense. Each separate use of a phone or computer may be charged as a separate offense. Under section 787.06, Florida Statutes, the human trafficking count reaches commercial sexual activity involving “an adult believed by the person to be a child younger than 18,” and the statute bars any defense based on belief about age. Our article on solicitation of a child using a computer explains the solicitation statute in detail, and our post on human trafficking defense in Tampa covers the trafficking statute.

What happens in the first 48 hours after a sting arrest?

The first 48 hours set the tone for the whole case. After arrest, the person is booked into the Orient Road Jail and goes before a judge at first appearance, usually within 24 hours, where bond and release conditions are set. In our experience, judges in these cases commonly order no contact with minors and restrictions on internet use as conditions of release. The Sheriff’s Office often announces operations publicly with booking photos, so clients should prepare for that.

1. Do not explain the chats. Detectives often interview people right after arrest, and statements about intent fill the gaps in the State’s case.
2. Do not unlock or hand over your phone. Ask for a lawyer and let your attorney deal with any warrant.
3. Do not delete accounts or messages. Deleting evidence can lead to a separate tampering charge.
4. Save your own records. Write down the apps used, the profile you answered, and the timeline while it is fresh.
5. Call a defense attorney before first appearance if you can. Counsel can argue bond and conditions the first time a judge sees the case.

Our Hillsborough County criminal defense attorney page explains the local court process after an arrest.

Is entrapment a defense to a Tampa sex sting?

Yes, and it is the central defense in many sting cases. Florida’s subjective entrapment statute, section 777.201, Florida Statutes, applies when law enforcement induces a person to commit a crime the person was not ready and willing to commit. The statute puts the burden on the defendant to prove entrapment by a preponderance of the evidence, and the question of predisposition is usually for the jury. Objective entrapment, a due process doctrine, bars prosecution when police conduct is so outrageous it offends basic fairness.

The Second District, which covers Hillsborough, Pinellas, and Pasco Counties, has made clear that these motions are hard to win before trial. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), Sarasota County detectives created a profile of a 19-year-old on an adult website, and within minutes “Sophia” said she was 14. The trial court dismissed every charge as entrapment. The Second District reversed, holding that the defendant’s lack of any prior record showed lack of predisposition but that the chats themselves let reasonable people disagree, so a jury had to decide. It also held the sting was not outrageous enough to be objective entrapment.

When a judge will not dismiss, the jury still must hear the defense. In Oyler v. State, 162 So. 3d 200 (Fla. 5th DCA 2015), a detective posed as an 18-year-old on a dating site that barred minors, then asked if the man “like[d] younger girls” and said she was 13. The Fifth District reversed his conviction because the trial court refused an entrapment jury instruction and excluded evidence that he had never been arrested. Our attorneys build entrapment defenses for both stages: a motion to dismiss where the facts are undisputed, and a trial record that puts predisposition squarely before the jury. Our article on entrapment in Florida covers the doctrine in more depth.

Who gets caught in online sex stings?

Research shows many people arrested in these stings started on adult platforms and had no sex offense history. A 2023 Washington State Institute for Public Policy report, Whichard and Kelley’s Internet Stings and Operation Net Nanny, studied 299 arrests from Washington State Patrol stings between 2015 and 2022. In stings using a fictitious parent, 89.8% of contacts began on adults-only platforms, and 70.4% did in stings using a fictitious child. Only 2.9% of those arrested had a prior felony sex offense against a child.

Those findings do not decide any case, but they explain why predisposition evidence matters so much. A client with no record who answered an adult ad is in a very different position from someone who sought out a child, and our attorneys gather work history, character evidence, and, when helpful, a psychosexual evaluation to show the difference.

Can you be convicted of both solicitation and traveling?

Not for the same conduct. In State v. Shelley, 176 So. 3d 914 (Fla. 2015), the Florida Supreme Court held that convictions for both solicitation under section 847.0135(3) and traveling after solicitation under section 847.0135(4) violate double jeopardy when based on the same conduct, and the solicitation conviction must be vacated. When the State charges both counts from one conversation, our attorneys use Shelley to cut the exposure and the scoresheet.

Do you have to register as a sex offender after a sting conviction?

Yes, for most sting charges. Florida’s registration statute, section 943.0435, Florida Statutes, lists section 847.0135 (except subsection (6)) and section 787.06(3)(g) among the offenses that require registration. That is why the specific charge in any plea matters as much as the sentence. A plea to the charge as filed can carry lifetime registration, while an amended charge may not, and our attorneys evaluate every offer with registration in mind. Our overview of sex offender registration in Florida explains the requirements.

How is a child sex sting different from an escort sting?

An escort sting targets adults buying sex from adults and is usually charged as solicitation of prostitution, while a child sex sting adds a “minor” and turns the case into serious felonies with registration. Some operations blur the line, starting with an adult ad and introducing a minor partway through. Our article on Tampa escort stings covers adult prostitution stings, and our guide for people who messaged a minor online covers what to do before any arrest. If a private group rather than police confronted you, see our post on vigilante predator catchers in Florida.

Can a Tampa sex sting charge be reduced to a non-sex offense?

Yes. In an October 2026 Tampa sting case, our firm got a commercial human trafficking charge reduced to prostitution and unlawful use of a two-way communications device, and neither offense requires sex offender registration. Undercover officers had played the role of a trafficker offering teenage girls, and the State had our client on video agreeing to pay for sex. No real children were involved. Rocky Brancato filed a motion to dismiss arguing that the officers entrapped the client and presented the firm’s mitigation report, and the client received a withheld adjudication and probation. You can read the full case on our case results page. Past results do not guarantee future outcomes.

Frequently asked questions about Tampa sex stings

Can sex sting charges be dropped in Tampa?

Yes. Charges can be dropped or reduced when the chats show the detective, not the client, drove the conversation, when intent evidence is weak, or when a client withdrew before any travel. The Brancato Law Firm presents those facts to prosecutors early, and when an investigation is still open, through pre-file advocacy.

What if the profile said the person was 18?

That fact supports the defense but does not end the case, because the charges turn on what you believed after the age was raised. Courts look at the whole conversation. Our attorneys at The Brancato Law Firm map exactly when the age came up and how the conversation changed afterward.

Can I be charged if I never drove to the meeting?

Yes. Computer solicitation is complete without travel, and people who agree but do not show up are often arrested later on warrants. The Brancato Law Firm uses the decision not to travel as evidence against predisposition, as explained on our internet crimes defense page.

Why is there a human trafficking charge when I only talked to a police officer?

Section 787.06(3)(g) covers commercial sexual activity involving an adult believed to be a child, so offering money in a parent-persona sting can support the charge even though no child existed. The Brancato Law Firm challenges whether the evidence actually shows a commercial transaction and the knowledge the statute requires.

Will my name be in the news after a Hillsborough sting?

Often, yes, because the Sheriff’s Office publicizes many operations with names and booking photos. The Brancato Law Firm focuses on the outcome that lasts, the court record, and advises clients on what can later be sealed if the case is dismissed.

Should I take a plea in a sex sting case?

Not before your attorney has reviewed the full chat logs and the registration consequences of the specific charge. Some pleas carry lifetime registration while amended charges may not. Our attorneys at The Brancato Law Firm compare every offer against the strength of the entrapment and intent defenses.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Call before you talk to detectives about the chats

Most sting cases are shaped in the first days, when a client decides whether to explain the messages, unlock a phone, or wait for a lawyer. Tampa Criminal Defense Attorney Rocky Brancato founded The Brancato Law Firm, P.A., and our attorneys defend sting cases throughout Hillsborough, Pinellas, and Pasco Counties. Call us at any hour at (813) 727-7159. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Most child pornography cases in Tampa begin with an automated report from a tech company, months before anyone knocks on a door. I learned how investigators build these cases as a police academy instructor teaching officers search-and-seizure law, and as a Major Crimes Unit attorney handling sex crime and child abuse cases. Today, as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I lead a team that defends people charged in Hillsborough, Pinellas, and Pasco Counties, many of whom had no record before the search warrant. Our attorneys start with the evidence trail: the report, the warrant, and the forensic image of each device.

How do child pornography investigations start in Florida?

Most cases start with a CyberTipline report from an online platform to the National Center for Missing and Exploited Children (NCMEC), which routes it to law enforcement. Federal law, 18 U.S.C. § 2258A, requires providers to report apparent CSAM once they have actual knowledge of it, but expressly does not require them to monitor users or scan content. Many large platforms scan anyway, usually by comparing a file’s hash value, a digital fingerprint, to a list of known images.

The volume is enormous. In 2025, NCMEC made 126,256 CyberTipline reports available to law enforcement for Florida, including 70,812 referrals, according to NCMEC’s 2025 CyberTipline Reports by State. Nationally, NCMEC received 20.5 million reports in 2024. Each report then has to be traced to a person through subpoenas for subscriber and IP address records, which is where the State’s first assumptions enter the case.

Can the search be challenged?

Yes. A search challenge is often the strongest defense, because if the warrant falls, the files usually fall with it. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a case investigated by the Polk County Sheriff’s Office, the Second District held that the affidavit supporting the warrant for the defendant’s computer and diskettes was fatally defective and reversed 136 counts of possession that flowed from the seizure. The court affirmed other convictions but threw out every possession count.

Our attorneys look for these warrant problems in every case:

• Thin probable cause. The affidavit must connect the person and the place to be searched to the files, not just repeat that a tip exists.
• Staleness. Months can pass between the tip and the warrant. Our article on the 10-day search warrant rule explains a reversal on timing grounds.
• Scope. A warrant for one device or account does not authorize a search of everything a person owns.
• Account warrants. Warrants to Google, Apple, or other providers raise their own issues, covered in our guide to a Google account legal request.

What is a private search doctrine motion to suppress?

A private search doctrine motion asks the court to suppress evidence because police opened a flagged file without a warrant when no person at the reporting company had looked at that file first. Under the U.S. Supreme Court’s private search cases, police may repeat a search a private party already did, but may not go beyond it without a warrant. When a tech company flags a file only by an automated hash match, the defense argues that no private person ever saw the contents, so the officer who opened the file conducted a new government search. Because police in many CyberTip cases open the files first and get warrants afterward, a win on this motion can take down every warrant built on that first look.

Our firm files these motions in Hillsborough County cases, and we build them from the CyberTip itself. Google’s CyberTips answer a question for each reported file: “Was File Reviewed by Company?” A “No” means no Google reviewer looked at that file for the report; the flag rests on a hash match to a different file someone reviewed in the past. We match every file the detective opened to that answer, and we point out what the State must prove at the hearing. A warrantless search shifts the burden to the State, so the prosecution must show, file by file, that a private person actually viewed what the officer opened.

Where do the courts stand on opening hash-matched files?

The courts are split, and Florida’s state appellate courts have not settled the question for the files a company never viewed. In Morales v. State, 274 So. 3d 1213 (Fla. 1st DCA 2019), a Santa Rosa County defendant uploaded an image to a chatroom whose service matched it to known CSAM through Microsoft’s PhotoDNA. No one at the company or NCMEC opened it before an FDLE agent did, without a warrant. The First District held that the agent’s viewing did not exceed the private search because the hash match identified the image with near certainty.

In Lowers, Google hash-matched 156 files in a Google Drive account, a reviewer opened 31, and the CyberTip showed which files were opened and which were not. A detective then opened files that neither Google nor NCMEC had viewed. The Fourth Circuit held that was an unconstitutional search. Brillhart, an appeal from the Middle District of Florida, went the other way on its record, but only because the file’s hash traced to a file a human at Google had already confirmed. The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, has not squarely decided the question in the decisions we have reviewed. In Youngman v. State, 342 So. 3d 770 (Fla. 2d DCA 2022), it held only that police software finding files a defendant shared publicly on BitTorrent was not a search at all.

Legal scholars have questioned how far hash searches should reach. A 2018 Stanford Law Review note, Dennis Martin’s Demystifying Hash Searches, argues that police conduct a Fourth Amendment search whenever they use an algorithm to do what would be a search if done by hand.

How do our attorneys build a private search motion?

Our attorneys build the motion from the State’s own documents, in five steps:

1. Pull the per-file review answers. We read the CyberTip’s “Was File Reviewed by Company?” answer for every reported file.
2. Match them to what the detective opened. The warrant affidavits usually describe specific files; we check whether each described file was one no company employee viewed.
3. Hold the State to its burden. At the evidentiary hearing, the State must prove with competent evidence, not the tip’s own label, that a person reviewed each file the officer opened.
4. Excise the tainted descriptions. We ask the court to strike the officer’s descriptions of unlawfully viewed files from each warrant affidavit and test whether probable cause remains.
5. Defeat good faith and attenuation. Searches done after the 2021 Wilson decision are harder to excuse as good faith, and a client who invoked the right to counsel and gave no statement leaves the State no break in the chain, unlike the defendant in Lowers.

Lowers carries a practical lesson. The Fourth Circuit found the search unconstitutional and still let the evidence in because the defendant talked to police and consented to searches afterward. A person who stays silent and asks for a lawyer protects the motion as well as the case.

Can a CyberTip be wrong?

Yes. A CyberTip is a report, not proof, and both its labels and its claims about human review can be wrong. The clearest Florida example involves William Lawshe, a Florida Fish and Wildlife Conservation Commission officer who had been named national wildlife officer of the year in 2014. According to News4JAX reporting, a St. Johns County investigation that began with a February 2023 tip led to three counts of possessing child pornography, he left the agency, and the charges were dropped that December after his lawyers produced evidence they said proved his innocence.

Lawshe then sued Verizon and its cloud-storage contractor. In Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025), he alleged that his account held legal images of adult models and that the CyberTip behind his arrest rested on a hash match to an image tagged only “unconfirmed.” He alleged the report still stated that the company “had viewed the entire contents” of the image and that it showed a “pre-pubescent” minor, when the people pictured were plainly adults. Judge Marcia Morales Howard held that federal reporting immunity did not defeat his defamation and Stored Communications Act claims over that report at the pleading stage, writing that the defendants “conflate an intent to immunize mistaken reports with an intent to immunize unfounded reports.” The parties later settled, and in February 2026 the court vacated the order at their request, so it is not precedent. It remains a public record of how an automated flag, and a claim that someone reviewed it, can be wrong.

That is why our attorneys never accept a CyberTip at face value. We check whether each file was actually reviewed, whether it was labeled “apparent” or only “unconfirmed,” and whether an independent examiner agrees the image shows a minor at all. A person who has been falsely flagged has a defense, and the first step is to say nothing to investigators and call a lawyer.

What does the State have to prove about knowledge?

The State must prove you knowingly possessed, controlled, or intentionally viewed material you knew contained CSAM. Under section 827.071, Florida Statutes, the file’s presence on a device is not enough by itself. When the device or home is shared, Florida applies constructive possession rules: the State must show you knew of the files and could exercise control over them through evidence beyond mere proximity, as the Second District explained in Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013).

Forensic evidence decides most knowledge disputes. Our attorneys retain independent digital forensic examiners to answer questions the State’s report often skips:

1. Who was using the device? Login records, user profiles, and activity at the time of download.
2. Were the files ever opened? Access dates, thumbnails, and viewing history.
3. Where did the files sit? A deleted file, a cache, or an automatic sync folder tells a different story than an organized collection.
4. How did they arrive? Bulk downloads, file-sharing programs, malware, or a synced account a user never opened.
5. Are the counts right? Duplicates, thumbnails of the same image, and files of uncertain age inflate the count.

Deleted files raise their own issue. In Burnett, the State’s expert found deleted images on diskettes but could not say when or by whom they were deleted. The Second District resolved the case on the warrant and expressly left open whether deleted images retrievable only by an expert prove knowing possession. Our attorneys press that question when the evidence is deleted or fragmentary. Because constructive possession works the same way across offenses, our guide to constructive possession in Florida is useful background.

What changed in Florida’s CSAM law on July 1, 2026?

On July 1, 2026, Chapter 2026-20, Laws of Florida (CS/CS/HB 1159), renamed “child pornography” as “child sexual abuse material” throughout the statutes and raised several penalties. Possessing, controlling, or intentionally viewing CSAM under section 827.071(5) became a second-degree felony, and each image and each child depicted is still a separate offense. Our post on child pornography penalties in Florida covers sentencing, scoring, and the image-count enhancement in detail. The changes that most affect defense strategy are these:

The transmission change builds on earlier law about file sharing. Section 847.0137 reaches a person who knew or reasonably should have known he was transmitting CSAM. In Jeror v. State, 313 So. 3d 178 (Fla. 2d DCA 2021), a Sarasota County defendant moved downloaded videos into a folder a BitTorrent program shared automatically. The Second District held the evidence let the jury find he reasonably should have known the files were being shared, and affirmed. With cloud links now included, how a folder was shared, and whether the user knew, is a central fact our attorneys investigate.

Can a child pornography charge be dropped or reduced in Florida?

Yes. Charges can be dismissed, reduced, or resolved for fewer counts when the search is suppressed, the knowledge evidence is weak, or mitigation persuades the prosecutor. Counts tied to unreliable forensics can also be dropped. Early work matters most, and when an investigation is still underway, pre-file advocacy can shape what the State files.

One example from our firm: a young man who had just turned 18 was charged with possession of child pornography and faced prison and sexual offender registration. Our attorneys built a detailed mitigation case and negotiated with the prosecutor, and the case resolved with a plea to a non-registerable offense with treatment. Past results do not guarantee future outcomes. Our guide to a mitigation report explains that work, and our overview of sex offender registration in Florida explains what registration under section 943.0435, Florida Statutes requires.

Charges involving chats with a minor are a different offense with different defenses; see solicitation of a child using a computer and what to do if you messaged a minor online. Our Tampa internet crimes attorney page describes how our firm defends these cases.

What should you do if police contact you about a CSAM investigation?

Do not answer questions, consent to a device search, or delete anything; call a defense attorney first. Deleting files after you learn of an investigation can lead to a separate tampering charge and can be argued as evidence of knowledge. Investigators often arrive with a warrant already signed and ask friendly questions while the search happens. Anything said during that visit can supply the knowledge element the forensic evidence lacks.

• Say you want a lawyer and will not answer questions.
• Do not give passwords or unlock devices without advice from counsel.
• Write down who came, what they took, and what they said.
• Keep the warrant and inventory paperwork.

Frequently asked questions about fighting a child pornography charge in Florida

Is accidentally downloading child pornography a crime in Florida?

Not if it was accidental. Section 827.071(5) requires knowing possession or intentional viewing of material the person knew contained CSAM. The Brancato Law Firm uses forensic evidence, such as whether a file was ever opened, to show what a client did and did not know.

Can I be charged if other people used my computer or Wi-Fi?

You can be charged, but shared access is a real defense. On a shared device or network, the State must prove knowledge and control beyond simple proximity to the files. Our attorneys at The Brancato Law Firm build a timeline of who used each device and account when the files arrived.

Is sharing a Google Drive or Dropbox link a crime under Florida’s 2026 law?

Sharing a link or access credential to cloud storage that contains CSAM can now be charged as transmission under section 847.0137, a second-degree felony. The Brancato Law Firm examines whether the client created the link, knew what it contained, and knew it was shared, which is where these cases are won or lost.

Can a CyberTip search be suppressed if no one at Google viewed the file?

It can, in some courts. Several federal appeals courts have held that police violate the Fourth Amendment by opening a hash-matched file no company employee viewed, while others, including the Eleventh Circuit on a record of prior human review, have allowed it. The Brancato Law Firm files private search doctrine motions built on the CyberTip’s file-by-file review answers, a question Florida’s Second District has not settled.

What if a CyberTip flagged an image of an adult?

Then the State cannot prove a key element, because CSAM must depict a minor. Automated tags such as “unconfirmed” signal that even the reporting system was unsure of the person’s age. The Brancato Law Firm retains independent examiners to test age and origin, and cases like Lawshe v. Verizon Communications, Inc., No. 3:24-cv-137-MMH-LLL (M.D. Fla. Feb. 28, 2025) show that these reports can be wrong.

Can a search warrant based on a CyberTip be thrown out?

Yes, if the affidavit lacks probable cause, the information was stale, or police exceeded the scope of the warrant or the private search. In Burnett v. State, 848 So. 2d 1170 (Fla. 2d DCA 2003), a defective affidavit led to reversal of 136 possession counts. Our attorneys at The Brancato Law Firm file motions to suppress when the warrant or the tip falls short.

Does Florida’s July 2026 law apply to my case if the files were downloaded earlier?

The new penalties apply to offenses committed on or after July 1, 2026. When downloads span that date, The Brancato Law Firm uses the forensic timeline to argue which law applies to each count; our internet crimes defense team reviews the file dates in every case.

Will I be arrested before I know I am being investigated?

Often, yes. Many people first learn of a CSAM investigation when police execute a search warrant, sometimes months after the original tip. If you think an investigation is underway, The Brancato Law Firm can step in before charges are filed through representation before charges are filed.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Talk to our attorneys before you talk to investigators

The first conversation with police and the first forensic image of a device shape everything that follows. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can step in before an interview, review the warrant and CyberTip, and bring in an independent forensic examiner. Call us at any hour at (813) 727-7159 for a confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Internet Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If detectives took a phone or laptop from your home, the number of files on it will drive the sentencing exposure more than almost any other fact. I learned how these cases are built in the Major Crimes Unit, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys attack the count, the reclassification, and the scoresheet before any plea offer is discussed, because each of those numbers can move.

What are Florida’s child pornography penalties after July 1, 2026?

Florida’s child pornography penalties rose on July 1, 2026. CS/CS/HB 1159, signed March 31, 2026 as Chapter 2026-20, Laws of Florida, renamed “child pornography” as “child sexual abuse material” (CSAM) throughout the statutes and made these changes, according to the House Criminal Justice Subcommittee analysis:

The age change matters most. Because the content trigger rose from a child under 5 to a child under 12, far more collections now meet the reclassification test. The law in effect on the date of the offense generally controls the sentence, so the date files were downloaded or viewed can decide which version of the statute applies. Our attorneys examine the forensic timeline for that reason.

How does Florida count child pornography charges?

Florida counts each image as a separate crime. Section 827.071(5) states that possessing, controlling, or intentionally viewing each photograph, video, image, or data file is a separate offense, and if one image shows more than one child, each child in that image is a separate offense. A single device can produce dozens or hundreds of felony counts. Our Tampa internet crimes attorney page explains how these investigations usually begin.

The Second District Court of Appeal, whose decisions bind Hillsborough, Pinellas, and Pasco courts, showed how far this goes in Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016). Officers found more than 3,000 images on a Sarasota County man’s home computer. The State selected 170 images, sorted them into groups of ten with each group containing an image of sexual battery on a child, and charged one reclassified count per group. He entered an open plea to 17 second-degree counts and received a total of 63.5 years in prison.

On appeal, Walsh argued that all the images from one episode should be one offense. The court disagreed. Because the statute makes each image a separate offense, the State could have charged all 170 images as separate counts, and section 775.0847 does not limit the State’s charging discretion. The lesson is that the prosecutor, not the device, decides how many counts appear on the information. That is why early defense work on the charging decision matters.

What triggers the section 775.0847 enhancement?

Section 775.0847 reclassifies a child pornography offense one degree higher when two conditions are both met. The enhancement applies to violations of sections 827.071, 847.0135, 847.0137, and 847.0138.

Reclassification is a fact the State must prove. In Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013), a man who identified himself only as “James” handed an envelope of photographs to a Tampa police officer, which led to charges against the defendant on 14 counts of promoting a sexual performance by a child, one per photograph. The jury found he possessed 10 or more images, at least one depicting sexual battery, and all 14 counts were reclassified to first-degree felonies. The majority affirmed, relying on evidence that he possessed the camera, the film, and the developed prints. A dissenting judge argued that the enhancement depends on possessing 10 images when each offense is committed, so no more than four of the counts could be reclassified.

The dissent did not carry the day, but the question it raised remains a live defense issue: when each file arrived on the device, and whether the State can prove possession of 10 images at that time. Our attorneys work with independent forensic examiners on file dates, download paths, and whether files were ever opened.

How is a child pornography case scored on the Florida scoresheet?

Florida sentences felonies with a Criminal Punishment Code scoresheet. Under the 2026 offense severity chart in section 921.0022, possession under section 827.071(5) is a Level 6 offense and possession with intent to promote under section 827.071(4) is Level 7. A reclassified offense moves up one level. Under section 921.0024, the primary offense earns 36 points at Level 6 and 56 at Level 7, and each additional count earns 18 points at Level 6 and 28 at Level 7. When the total exceeds 44 points, the lowest permissible prison sentence in months is the total minus 28, multiplied by 0.75.

Here is how that math plays out for a person with no prior record and no other points. These examples are simplified; real scoresheets include prior record, legal status, and other factors.

The gap between those rows is the reclassification fight. Every count the defense removes, and every count that is not reclassified, lowers the floor. A judge can sentence anywhere from the lowest permissible sentence up to the statutory maximum for every count, served concurrently or consecutively.

How often do Florida possession cases end in prison?

Most Florida possession convictions end in prison. In fiscal year 2024-25, Florida Department of Corrections data showed 316 new prison commitments and 134 supervision sentences for knowingly soliciting, possessing, controlling, or intentionally viewing child pornography, according to the Florida Legislature’s Office of Economic and Demographic Research Criminal Justice Impact Conference review of SB 1750 (2026). The same review reported 654 new prison commitments in FY 2024-25 under statutes potentially subject to section 775.0847 reclassification.

The review also shows why the July 2026 change matters. It reported a 26 percent incarceration rate for Level 6 third-degree felonies and 39.7 percent for Level 6 second-degree felonies. Possession moved from the first group to the second.

Can a child pornography sentence go below the scoresheet?

Yes. A Florida judge may impose a downward departure below the lowest permissible sentence when the defense proves a legal reason under section 921.0026. Two reasons come up often in these cases: the defendant requires specialized treatment for a mental disorder unrelated to substance abuse and is amenable to treatment, and the offense was committed in an unsophisticated manner, was an isolated incident, and the defendant has shown remorse. Substance abuse or intoxication alone is not a valid reason.

Departure arguments rest on evidence about risk. A U.S. Department of Justice SMART Office research brief, Internet-Facilitated Sexual Offending (2015), summarizes a review by Michael Seto and colleagues of nine samples totaling 2,630 internet offenders followed for slightly more than three years: 4.6 percent committed a new sexual offense, 2 percent a contact sexual offense, and 3.4 percent a new child pornography offense. Our attorneys pair research like this with a psychosexual evaluation from a qualified expert, treatment records, and family testimony.

Mandatory minimums have a narrow exception. Under section 827.071(7), a court is not required to impose a mandatory minimum under that section if it finds in writing that the depicted child was 14 or older, the image was created with the child’s permission, the offender was not more than 4 years older, and the offender did not share it with anyone else. This exception fits teen sexting cases.

What other consequences follow a conviction?

A conviction for possessing or promoting child sexual abuse material in Florida requires registration as a sexual offender, which carries reporting duties, residence limits, and public listing. Many cases also bring sex offender probation conditions, limits on internet use, and immigration consequences for noncitizens. Our post on whether a withhold of adjudication avoids the sex offender registry explains why a withhold does not solve the registration problem.

For a full look at defenses, including search warrant challenges like the one in our post on Florida’s 10-day search warrant rule, see our guide to defending CSAM charges in Florida.

What should you do if you are under investigation?

Call a lawyer before you talk to detectives or consent to a device search. Many cases begin with a tip to law enforcement and a search warrant, and the charging decision, including how many images to file and whether to seek reclassification, is made after the forensic report. That window is when our pre-file advocacy can affect the number of counts.

1. Do not discuss the case with officers, family, or coworkers.
2. Do not delete files or reset devices. Destroying evidence is a separate crime.
3. Do not consent to searches of other devices or accounts.
4. Write down when officers arrived, what they took, and what they said.
5. Contact a defense attorney the same day.

Frequently asked questions about child pornography penalties in Florida

Is possession of child pornography a felony in Florida in 2026?

Yes. For offenses on or after July 1, 2026, each image is a separate second-degree felony punishable by up to 15 years in prison under section 827.071(5). The Brancato Law Firm reviews the offense dates in the forensic report to determine whether the older third-degree version applies.

Is there a mandatory minimum sentence for possessing child pornography in Florida?

Section 827.071(5) does not set a mandatory minimum for simple possession, but with 10 counts and no prior record the scoresheet floor is about 10.6 years in prison. Our attorneys at The Brancato Law Firm calculate the scoresheet at the start of the case so clients understand the real floor and the departure options.

Can prosecutors charge every image as a separate count?

Yes. Florida law makes each image, and each child in each image, a separate offense, and the Second District held in Walsh that reclassification does not limit how many counts the State may file. The Brancato Law Firm challenges duplicate files, unopened files, and images that do not meet the legal definition before the information is filed or amended.

Does the July 2026 law apply to a case from before July 1, 2026?

The law in effect on the date of the offense generally controls the penalty, so files possessed only before July 1, 2026 are usually scored under the older third-degree statute. Our attorneys at The Brancato Law Firm press the State to prove when each file was possessed, since that date can cut the maximum by two-thirds.

What is the difference between possession and possession with intent to promote?

Possession with intent to promote under section 827.071(4) is a second-degree Level 7 offense, and possessing three or more copies of an image is prima facie evidence of intent to promote. The Brancato Law Firm contests the intent element when file copies come from automatic backups or sync software rather than sharing; learn more on our internet crimes defense page.

Can a child pornography sentence be reduced below the scoresheet in Florida?

Yes, through a downward departure when the defense proves a statutory reason such as treatable mental health needs or an isolated, unsophisticated offense with remorse. The Brancato Law Firm builds departure motions with expert evaluations and treatment plans rather than character letters alone.

For more about our defense strategies, visit our Internet Crimes page.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Get a scoresheet review before the State files

The charging decision in a CSAM case often follows the forensic review of the seized devices, and that window closes fast. Our attorneys will review the warrant, the device seizure, and your likely scoresheet, so call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We are two blocks from the courthouse, and you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you just realized the person you were chatting with is underage, or you received a message from someone claiming to be a parent or a detective, the hours that follow can shape whether you are ever charged. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I handled sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office before going on to serve as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys represent people at this stage, before an arrest, and we read the full conversation before giving advice about what happens next.

What Should You Do Right Now If You Messaged a Minor Online?

Stop, preserve, stay silent, and call a lawyer. These five steps protect you whether the other person is a real teenager, an adult who lied about age, a detective, or a vigilante group:

Can You Be Charged for Messaging a Minor Online in Florida?

Yes. Under section 847.0135(3), Florida Statutes, it is a crime to knowingly use “any other device capable of electronic data storage or transmission” to “seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child” to engage in unlawful sexual conduct. No meeting is required. In Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004), a man arranged online to meet a “14-year-old boy” in Jacksonville who was actually a vice detective. The First District upheld his conviction and held that “the Internet communications alone constituted a prima facie case of guilt” under the statute.

Cashatt also matters for anyone who believed the other person was an adult. The court rejected the argument that the statute had no mental state as to age, holding that the statute is presumed to require knowledge “including the age of the child sought to be ‘lured.'” In practice, that means what you knew or believed about the person’s age is central to whether the solicitation statute applies.

Which Florida Charges Can Come From Online Messages to a Minor?

The charge depends on what was said, what was sent, and whether anyone traveled to meet. Our Tampa internet crimes attorney page covers each of these in more depth.

Registration follows from the list of qualifying offenses in section 943.0435, Florida Statutes, which includes section 847.0133 and section 847.0135 (other than subsection 6). Section 847.0133 defines a minor as “any person under the age of 18 years.” Our guide to sex offender registration in Florida explains what registration requires.

What If You Did Not Know the Person Was a Minor?

It depends on the charge. For computer solicitation, your belief about age is part of what the State must prove, so an adult profile, an adult photo, or a stated adult age can be strong evidence. For in-person sexual contact, the rule is the opposite: under section 800.04(3), Florida Statutes, “the perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense” to lewd or lascivious offenses involving someone under 16.

That difference is why the conversation should end the moment you learn the person may be underage. Our age of consent in Florida guide explains the age lines in Florida law.

Was It a Real Minor or a Police Sting?

Many of these cases involve no real child at all. In our practice, Hillsborough County Sheriff’s Office online stings follow two patterns: a deputy answers or posts an adult ad and then claims a teenage age once the conversation is under way, or a deputy poses as an adult offering access to a child. If you were talking with a detective, entrapment and charge-stacking defenses may apply; our post on solicitation of a child using a computer covers those defenses and the leading cases in detail.

Research on real cases points the other way from popular belief. In “Online ‘Predators’ and Their Victims,” published in American Psychologist in 2008 (vol. 63, pp. 111-128), researchers Janis Wolak, David Finkelhor, Kimberly Mitchell, and Michele Ybarra of the University of New Hampshire’s Crimes Against Children Research Center reported that in their national study of arrests, only 5 percent of offenders pretended to be teens when they met potential victims online, and 99 percent of victims of internet-initiated sex crimes were ages 13 to 17. The cases that reach court are usually about older teenagers and conversations that moved toward sex over time, which is why the full chat history matters.

How Do These Investigations Usually Start?

Most investigations start with a report from a parent, a platform, or a tip to the National Center for Missing and Exploited Children. NCMEC reports that in 2023, Florida law enforcement received more than 47,500 actionable CyberTipline reports, and more than 1,800 of them concerned suspected online enticement, including sextortion.

Signs you may already be under investigation include:

• The other person suddenly reveals an underage age after a sexual turn in the conversation.
• The account blocks you, disappears, or is replaced by a message from someone claiming to be a parent.
• Someone asks you to meet, then sends a location you do not recognize.
• A detective calls, leaves a card, or asks you to “come in and talk.”
• Your service provider notifies you of a legal request for your account records.

Our article on signs you are being investigated for a crime in Florida covers other warning signs.

Should You Talk to Police If a Detective Contacts You?

No, not without a lawyer. A detective who calls or knocks is usually trying to confirm that you were the person typing the messages, and a voluntary interview often supplies the identity proof the State does not yet have. You can politely decline to answer questions, decline consent to search your phone, and ask for your lawyer. If officers have a search warrant, do not resist, but do not discuss the case.

Early representation gives the defense a chance to act before the State’s charging decision. Our page on representation before charges are filed explains how our attorneys communicate with investigators and prosecutors on a client’s behalf. If the first contact came from a self-described predator-catcher group rather than police, see our post on vigilante predator catchers in Florida.

How Can a Defense Attorney Help Before You Are Charged?

A defense attorney can review the conversation, preserve evidence that helps you, and keep you from making the statements that most often prove the State’s case. Our attorneys focus on four questions in every case:

1. What did the messages actually say? Sexual talk is not always solicitation; the State must prove an attempt to seduce, solicit, lure, or entice.
2. What did you believe about age? The profile, the photos, and when age was first mentioned matter under Cashatt.
3. Can the State prove you sent the messages? Shared phones, shared accounts, and incomplete screenshots can leave doubt about identity.
4. Was there inducement? If a detective or decoy pushed the conversation toward sex after you pulled back, entrapment may apply.

Frequently Asked Questions About Messaging a Minor Online in Florida

Can I go to jail for texting a 16-year-old in Florida?

You can if the messages solicited sexual conduct, or if you sent obscene material, because Florida treats anyone under 18 as a minor for these offenses. The Brancato Law Firm reviews the actual messages before advising a client, since ordinary conversation is not a crime.

Should I delete the messages if I talked to a minor online?

No, deleting messages can lead to a tampering charge and can destroy proof that the other person claimed to be an adult. Our attorneys at The Brancato Law Firm preserve the full conversation so it can be reviewed for defenses; see our internet crimes defense page.

What if the minor said they were 18?

A stated adult age is strong evidence on the belief element of computer solicitation, but it does not help if the case involves in-person sexual contact with someone under 16. The Brancato Law Firm builds the defense around the exact point where age entered the conversation.

Can a parent press charges for messages to their child?

A parent can report the messages, but the State Attorney’s Office, not the parent, decides whether to file charges. Our attorneys at The Brancato Law Firm can contact the prosecutor before a decision is made; learn more about pre-file advocacy.

How long does an online solicitation investigation take in Florida?

It can take days in a sting case and months when police need records from an app or phone carrier, and an arrest can come without warning. The Brancato Law Firm advises clients during that window so they do not make statements that strengthen the case.

Can charges for messaging a minor be dropped in Florida?

Yes, charges can be declined or dismissed when the messages do not show solicitation, the State cannot prove who sent them, or entrapment applies. The Brancato Law Firm presents those problems to prosecutors early, and when a case is filed we file the motions that test them in court.

Call a Tampa Defense Attorney Before You Talk to Anyone

What you say in the first conversation with a detective can matter more than anything in the chat. Before you answer a call or open the door, talk with The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Our attorneys will review the conversation with you and tell you what to expect. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page, or our Tampa sex crimes lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida search warrant comes with a clock, and the date stamped on it can decide a case before anyone looks at the evidence. As a former police academy instructor, I trained officers on how to do things by the book, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have spent more than 25 years in Hillsborough County courtrooms holding them to it. Our attorneys compare the issuance date, the execution date, and the return on every warrant in every case, because a late search can end the prosecution.

What Is Florida’s 10-Day Search Warrant Rule?

The rule is a deadline set by statute. Under section 933.05, Florida Statutes, a search warrant “must be returned within 10 days after issuance, not including the date of issuance.” Courts read that return deadline as an execution deadline: police have to carry out the search within the same 10 days.

The deadline dates back to 1923, and Florida courts enforce it strictly. In Spera v. State, 467 So. 2d 329 (Fla. 2d DCA 1985), officers searched a home for drugs 13 days after the warrant issued and found cocaine. The Second District held that “a search warrant in Florida becomes stale ten days after its issuance” and that a stale warrant “requires suppression of any evidence seized as a consequence of the search.”

The 10-day rule still governs warrants for homes, cars, and most physical evidence. The Legislature has carved out longer periods for a few kinds of warrants:

What Happened in Moschella v. State?

In Moschella v. State, 413 So. 3d 851 (Fla. 2d DCA 2025), the Second District reversed a child pornography conviction because a forensic search warrant was executed weeks late. Detectives from the Manatee County Sheriff’s Office seized two phones, a tablet, and a laptop. A judge issued a warrant to search the devices on July 27, 2020, but the detective admitted the search did not happen until “sometime in September.”

James Moschella pleaded no contest and reserved the right to appeal the denial of his motion to suppress. The State stipulated that the suppression issue was dispositive, meaning the case could not go forward without the evidence. The trial court had denied suppression because the delay did not prejudice him.

The Second District disagreed. Quoting Spera, it said “the legislature has decided that ten days is a reasonable time,” and it refused to add a prejudice requirement to “the firmly established statutory time limit.” Because the State’s stipulation was binding, the court reversed the judgment and sentences and remanded for dismissal of the charges.

Moschella matters in Tampa Bay for a specific reason. The Second District Court of Appeal hears appeals from Hillsborough, Pinellas, and Pasco Counties, so its rulings bind the trial judges our clients appear before.

Did Florida Change the Search Warrant Rule for Phones and Computers?

Yes, twice. A 2025 law gave police 45 days to return a warrant for a computer or electronic device already in police possession. Then the Legislature passed CS/HB 359, signed June 26, 2026 and effective July 1, 2026 as chapter 2026-177, Laws of Florida. Under the current statute, a device warrant is “considered timely executed” if police seize the device within 10 days, the return is due within 365 days, and the agency does not have to finish its forensic analysis within the return period.

The House Criminal Justice Subcommittee’s staff analysis of HB 359 discussed Moschella directly, and the bill responds to the problem the case exposed: forensic exams of phones and computers take longer than 10 days.

The change does not make device warrants deadline-free. The device still has to be seized within 10 days of the warrant, and the return still has a deadline. It also leaves open which version of the statute applies to a warrant issued before July 1, 2026. Our attorneys check the issuance date against the version of section 933.05 in effect that day, and we raise Moschella wherever the older rule governed.

Why Do Warrant Deadlines Matter So Much in Child Pornography Cases?

They matter because these cases usually rest entirely on what a forensic examiner finds on a seized device. Under section 827.071, Florida Statutes, knowingly possessing child sexual abuse material is a second-degree felony, and each image, and each child in each image, is a separate offense. A single phone can produce dozens of counts, each punishable by up to 15 years in prison.

Federal numbers show how heavily these cases are prosecuted. The U.S. Sentencing Commission’s Quick Facts on child pornography offenses report that 1,432 people were sentenced for these offenses in federal court in fiscal year 2025, with an average sentence of 118 months. The Middle District of Florida, which includes Tampa, sentenced 70 of them, among the most of any district in the country.

When the search that found the files was invalid, the files cannot be used. That is why a warrant timing problem can end a case that looks unbeatable. Our Tampa internet crimes attorney team treats the warrant file as the first piece of evidence to examine.

How Do Defense Attorneys Find a Late Warrant?

They line up the dates in the paperwork. The warrant shows when a judge signed it. The return and inventory show when officers executed it and what they took. Forensic reports, property receipts, and lab request forms often show when the device search actually started. Moschella’s case turned on a detective’s admission at the suppression hearing, so depositions matter too.

Our attorneys check these points in every case involving a search warrant:

1. Issuance date. The day the judge signed the warrant, which starts the clock the next day.
2. Execution date. When officers searched the place or seized the device.
3. Return date. When the warrant and inventory went back to the court.
4. Forensic start date. When the examiner began the device search, from lab logs and reports.
5. Applicable statute. Which version of section 933.05 was in effect on the issuance date.

Do Other Warrant Problems Lead to Suppression?

Yes. A late warrant is only one of several grounds for a motion to suppress in a digital evidence case. A warrant may lack probable cause, describe the place or files too broadly, or be searched beyond its scope. In Smallwood v. State, 113 So. 3d 724 (Fla. 2013), a Jacksonville robbery case, the Florida Supreme Court held that police could take a phone during an arrest but needed a warrant before searching its data, and it ordered a new trial because the photos found on the phone should have been excluded.

Many child exploitation investigations begin before any warrant, with a tip from a tech company and a subpoena for account records. Our guide to a Google account legal request in Florida explains that stage. If you suspect an investigation, representation before charges are filed can keep you from consenting to a search that no warrant would have allowed.

How Soon Should You Talk to a Lawyer After a Device Seizure?

Talk to a lawyer right away, ideally before the forensic exam is finished. Dates and chain-of-custody records are easiest to pin down early, and a lawyer can demand the warrant, the return, and the lab paperwork through discovery and take depositions before memories fade. For the charges and sentencing exposure in these cases, see our pages on child pornography defense in Tampa and child pornography sentencing enhancements.

Frequently Asked Questions

Does a late search warrant always get a case dismissed in Florida?

No. A late warrant leads to suppression of the evidence from that search, and dismissal follows only when the State cannot prove the case without it, as happened when the State stipulated in Moschella. The Brancato Law Firm evaluates what evidence would remain after suppression before advising a client on a plea or trial, as explained on our Tampa sex crimes lawyer page.

Do I have to prove the delay hurt my case?

No. The Second District held in Moschella that a defendant does not have to show prejudice from a late warrant, because the Legislature already decided what a reasonable time is. Our attorneys at The Brancato Law Firm raise the deadline issue on its own terms rather than trying to show harm.

How many days do police have to search my phone under a warrant in Florida?

Under the current section 933.05, police must seize the phone within 10 days of the warrant, and the return is due within 365 days. The Brancato Law Firm checks whether an older version of the statute, with a shorter deadline, applied to your warrant, using the statute itself on Online Sunshine.

What is a dispositive plea, and why did it matter in Moschella?

A dispositive plea is a no contest plea that reserves the right to appeal a pretrial ruling the parties agree will decide the case, so a win on appeal ends in dismissal instead of a new trial. Our team at The Brancato Law Firm uses this tool when a suppression ruling is strong enough to carry an appeal.

Can child pornography charges be dropped in Florida?

Yes. Charges can be dropped or dismissed when key evidence is suppressed, when the State cannot prove the person knowingly possessed the files, or when the files were on a device others used. The Brancato Law Firm attacks each of those points, and our Tampa internet crime lawyer attorneys handle these cases in Hillsborough, Pinellas, and Pasco Counties.

Does the 10-day rule apply to search warrants for my house or car?

Yes. Warrants for homes, vehicles, and physical items still must be executed and returned within 10 days, as in Spera, where a home search on day 13 required suppression. The Brancato Law Firm reviews every warrant in a case, not only the device warrant, because one late search can taint the evidence that followed.

Talk to a Tampa Defense Attorney About a Search Warrant

The dates on a warrant do not change, but the chance to use them can slip away once a plea is entered. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review every warrant, return, and forensic report in your case for timing and scope problems. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you opened an email from Google saying it received legal process about your account, an investigation has already reached your data, and what you do in the next few days matters. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and in more than 25 years in Hillsborough County courtrooms, including my years in the Major Crimes Unit, I have seen how many serious cases begin with a subpoena to a tech company. Today our attorneys take these notices from the other side: we call the agency, learn what it wants, and work to keep the case from ever being filed.

What Does a Google Legal Process Notice Mean?

It means a government agency served Google with legal process for information tied to your account, and Google is telling you about it. Google’s published policy on how it handles government requests for user information says it emails the user before disclosing information unless the law prohibits notice, the account is disabled or hijacked, or an emergency, such as a threat to a child’s safety, justifies waiting. When the gag order or emergency ends, Google sends the notice.

That last point explains why many notices arrive late. The data may have been produced long before you heard about it. Other companies, including Apple, Microsoft, Meta, and Amazon, send similar notices under their own policies.

Florida law follows the same pattern. Under section 934.25, Florida Statutes, officers can delay notice to a subscriber for up to 90 days at a time, with 90-day extensions, if notice might lead to flight, destroyed evidence, witness intimidation, danger to someone’s safety, or a seriously jeopardized investigation. A court can also order the provider not to tell anyone for “such period as the court deems appropriate.” The federal version, 18 U.S.C. § 2705, works the same way for federal agencies.

Is a Google Legal Request Email a Scam?

Usually not, but verify it without clicking anything. Real notices come from Google’s own domain and name an agency or court, while fake ones ask for passwords, payment, or a phone call to a number in the email. Sign in to your Google account directly through a browser, not through a link, and do not reply to the message. Then forward the notice to your attorney, who can confirm it with the agency.

What Legal Process Can Police Use to Get Your Google Data?

The type of legal process depends on what the government wants. Under section 934.23, Florida Statutes, a Florida officer can get basic subscriber records with a subpoena: your name, address, session times, length of service, payment method, and assigned IP addresses. Officers who get records this way do not have to notify you at all. Recent stored content, such as emails held 180 days or less, requires a warrant from a judge.

Google’s policy tracks the same tiers for U.S. requests: a subpoena for basic subscriber information and certain IP addresses, a court order for other non-content records in criminal cases, and a search warrant for content. Professor Orin Kerr’s widely cited article, “A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It,” 72 Geo. Wash. L. Rev. 1208 (2004), explains how this tiered system lets the government get more data with less judicial review when it asks for records instead of content.

Courts have pushed the warrant line outward. In United States v. Warshak, 631 F.3d 266 (6th Cir. 2010), a federal fraud case, the Sixth Circuit held that the government “may not compel a commercial ISP to turn over the contents of a subscriber’s emails without first obtaining a warrant based on probable cause.” In Carpenter v. United States, 585 U.S. 296 (2018), the U.S. Supreme Court required a warrant for historical cell site location records. When the State skipped a required warrant, our attorneys file a motion to suppress.

Why Would Police Want Your Google Account?

Police want an account because it holds evidence about someone, and that someone is not always the account owner. Account requests usually fall into a few groups:

• Child exploitation tips. Providers scan uploads and report suspected child sexual abuse material to the National Center for Missing and Exploited Children, which routes the tip to local police.
• Fraud and scams. Account, payment, and login records are central to wire fraud, identity theft, and investment fraud cases.
• Threats, stalking, and harassment. Messages, posts, and IP logs can identify who sent them.
• Drug cases. Messages and location history can show transactions and meetings.
• Someone else’s conduct. A family member on your Wi-Fi, a hacked account, or contact with a suspect can put your account in the file.

Internet crime reports are heavy in Florida. The FBI Internet Crime Complaint Center 2024 report counted 52,191 complaints from Florida in 2024, the 3rd most of any state, with reported losses of $1,071,909,632. Each complaint is a possible subpoena to a tech company.

How Does an Account Request Turn Into an Arrest?

It usually follows a set path: a tip or complaint, a subpoena for subscriber information, a visit to the home, and then a search warrant. A Second District case from nearby Manatee County shows each step. In State v. McNeela, No. 2D2022-1418 (Fla. 2d DCA June 21, 2023), Microsoft reported suspected child pornography uploaded from a Sarasota IP address. A detective subpoenaed the internet provider, which returned the account holder’s name, phone number, and address. Officers went to the house, the man told them he was the computer’s primary user, and he consented to a search. The court reversed an order suppressing the evidence and held that those facts were enough for a search warrant.

The lesson is about the knock on the door. The subpoena gave police a name and address. The conversation and the consent gave them the rest. A lawyer who is already on the case before that visit can tell the agency that you will not be interviewed and will not consent to a search.

What Should You Do After Getting a Google Legal Request Notice?

Take five steps, in this order:

1. Do not contact the agency yourself. Anything you say can be used to build probable cause, and calling to “clear it up” is how many cases are made.
2. Do not delete data or the account. Deleting can be charged as tampering with evidence, and the provider has often preserved a copy already.
3. Do not discuss the notice. Texts, emails, and calls with friends or family are not privileged and can be subpoenaed too.
4. Save the notice and secure your devices. Keep the original email, change passwords on shared devices, and note who else uses your Wi-Fi or accounts.
5. Call a defense attorney. Your lawyer can contact the agency, learn whether you are a target or a witness, and speak for you from that point forward.

How Can a Lawyer Help Before Charges Are Filed?

A lawyer can often learn what the investigation is about and stop it from growing. Our attorneys contact the investigating agency directly and tell it that you are represented, so detectives must go through us and cannot question you on your doorstep. We work to find out which agency served the process, what data it got, whether the case is open or closed, and whether you are a suspect or a witness. Some clients learn they were only a witness, and that answer alone ends weeks of worry.

When the risk is real, we advocate with investigators and the prosecutor before a filing decision is made. Our firm offers this representation before charges are filed for a separate flat fee, and that fee is credited toward the full defense fee if a case is later filed and you keep us on it. If the request involves an online sex offense, our Tampa internet crimes attorney page explains how we defend those cases.

How Soon Should You Act on an Account Notice?

Act right away, within days. Because notice can be delayed for months, the investigation may be far along when the email arrives, and the next step could be a search warrant for your home. In Hillsborough, Pinellas, and Pasco Counties, our attorneys contact the investigating detective as soon as we know the agency, because an early call is the best chance to shape what happens next. Our Hillsborough County criminal defense attorneys handle these calls with HCSO, Tampa PD, and federal agencies.

For more on how digital evidence is gathered and challenged, see our posts on social media evidence in Tampa criminal cases and cell phone location evidence, and our guide to geofence warrants and the Chatrie case.

Frequently Asked Questions

Does a Google legal process notice mean I am being charged with a crime?

No. A notice means an agency obtained or sought your data, not that a charge has been filed, and many people who get one are witnesses or account holders whose network someone else used. The Brancato Law Firm contacts the agency to find out where you stand, as described on our pre-file advocacy page.

Why did I get the notice months after Google gave police my data?

A court or a supervising officer probably delayed the notice, which Florida’s section 934.25 allows for up to 90 days at a time with extensions. Our attorneys at The Brancato Law Firm treat a late notice as a sign the investigation is advanced, because Google sends it only after the delay ends.

Can I ask Google or a court to stop the disclosure?

Sometimes, if the data has not yet been produced, a lawyer can ask the agency to narrow the request or move to quash process that is overbroad or lacks the required approval. The Brancato Law Firm reviews the process itself to see whether it met the requirements of section 934.23.

Should I delete my Google account after getting the notice?

No. Deleting data after you know about an investigation can lead to a separate charge for tampering with evidence, and the provider may have preserved a copy anyway. Our team at The Brancato Law Firm advises clients on what to keep and how to protect their devices without creating new problems.

What if someone else used my account or Wi-Fi?

Tell your lawyer, not the police. Shared devices, hacked accounts, and open networks are real explanations, but they must be supported with evidence such as login records and device data before they are raised. The Brancato Law Firm gathers that proof, and our Tampa internet crime defense attorneys use it when an account is wrongly tied to a client.

Can Google account charges be dropped in Florida if a case is filed?

Yes, a filed case can still be dropped. The State Attorney’s Office can decline to prosecute or later dismiss the case (a nolle prosequi) when the account evidence does not prove who used the account, or when the data was obtained without required legal process. The Brancato Law Firm presses those weaknesses with prosecutors and in a motion to suppress when the facts support it.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Talk to a Tampa Defense Attorney About an Account Notice

Before a detective knocks on your door, put a lawyer between you and the investigation. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency, find out what it has, and speak for you from that point on. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This article is not affiliated with or endorsed by Google, Apple, Microsoft, Meta, or any law enforcement agency.

If you were arrested after an online conversation that turned out to be with a detective, the chat log is now the State’s whole case, and how that conversation started matters as much as how it ended. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and before private practice I handled sex crimes and child abuse cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I later served as Chief Operations Officer overseeing a staff of over 100 attorneys. Our attorneys are currently litigating entrapment motions in Hillsborough County Sheriff’s Office sting cases, and we read every message in the chat before deciding how to fight the charge.

What Is Solicitation of a Child Using a Computer in Florida?

It is knowingly using an electronic device to try to get a child, or someone you believe is a child, into unlawful sexual conduct. Section 847.0135(3), Florida Statutes, covers “a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission,” which includes phones, texting, and dating or social media apps. The statute creates two versions of the offense:

The statute states that “the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense.” That sentence does not eliminate entrapment. It means the use of a decoy is not a defense by itself, and the defense must show how the decoy acted. Our Tampa internet crimes attorney page explains how these investigations are run.

What Are the Penalties for Solicitation of a Child Using a Computer?

The base offense is a third-degree felony, and the penalties grow with the facts and the number of charges. The statute also says that “each separate use” of a device in which an offense is committed “may be charged as a separate offense,” so a multi-day chat can become several counts.

A conviction under section 847.0135, other than subsection (6), makes a person a “sexual offender” who must register under section 943.0435. The two-way communications device offense under section 934.215 is not on that registration list. In negotiated cases, whether a plea is entered to the solicitation charge as filed or to an amended charge can decide whether a client registers for life, so our attorneys check the registration consequence of every offer. Our guide to sex offender registration in Florida covers what registration requires.

How Do Online Sex Stings Work in Tampa Bay?

Most solicitation cases in Hillsborough, Pinellas, and Pasco Counties come from proactive stings, and the volume is large. Internet Crimes Against Children task forces nationwide conducted nearly 347,000 investigations and arrested more than 17,000 offenders in 2025, according to the U.S. Office of Juvenile Justice and Delinquency Prevention, which funds 61 task forces.

In our practice, Hillsborough County Sheriff’s Office stings follow two patterns. In decoy-profile stings, a deputy posts or answers an ad as an adult, then reveals a teenage age once the conversation is under way. In reverse stings, a deputy plays an adult, such as a mother or aunt, who offers access to a child, and those cases often add a human trafficking solicitation count. The leading Florida Supreme Court case on these charges began the same way: in State v. Shelley, 176 So. 3d 914 (Fla. 2015), Dean Shelley answered a Craigslist ad in Hillsborough County posted by an officer posing as a single mother, arranged over several days to meet her and her fictitious ten-year-old daughter, and was arrested when he arrived.

Research suggests sting arrestees differ from offenders who target real children. A study of arrests from July 2000 to June 2001, Police Posing as Juveniles Online to Catch Sex Offenders: Is It Working? by Kimberly Mitchell, Janis Wolak, and David Finkelhor of the University of New Hampshire’s Crimes Against Children Research Center, published in Sexual Abuse: A Journal of Research and Treatment in 2005, found that undercover investigations accounted for 25 percent of arrests for internet sex crimes against minors. Only 4 percent of offenders caught posing as juveniles had a prior arrest for a sexual offense against a minor, compared with 11 percent of offenders who met real victims online. Those numbers are a reason to examine predisposition closely in every sting case.

Can You Use Entrapment as a Defense to Online Solicitation in Florida?

Yes. Florida’s entrapment statute, section 777.201, applies when law enforcement induces a crime using methods that “create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.” Once the defendant presents evidence of a lack of predisposition, the State must rebut it beyond a reasonable doubt. When the chat itself is undisputed, a judge can decide entrapment as a matter of law on a sworn motion to dismiss.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, did exactly that in DeMare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020). A detective created an 18-year-old profile named “Amber” on the dating site Meetme.com, chatted with Jason DeMare as an adult for four days, and revealed she was 14 only when plans became concrete. DeMare “immediately tried to end the relationship,” told her sex would be illegal, and was then repeatedly pressed by the detective. The court found that “his reluctance to violate the law was overcome by law enforcement inducement,” reversed his traveling conviction, and ordered him discharged.

Entrapment does not win every sting case. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), a Sarasota County judge dismissed solicitation and traveling charges on entrapment grounds, but the Second District reversed. The decoy there said she was 14 early and repeatedly, and Ernest Panebianco “readily engaged in sexual discussions”; his worries about police reflected “a fear of being caught rather than an unwillingness,” so predisposition was a question for a jury. The difference between the two cases is in the messages, which is why our attorneys build a timeline of who raised age, sex, and meeting first.

Can You Be Convicted of Both Solicitation and Traveling to Meet a Minor?

Usually not, when both charges rest on the same conduct. In Shelley, the Florida Supreme Court held that the Legislature did not authorize separate punishments for solicitation and traveling after solicitation, and because the elements of solicitation “are entirely subsumed” by traveling, “double jeopardy principles prohibit separate convictions based upon the same conduct.” The court approved vacating Shelley’s solicitation conviction.

In Lee v. State, 258 So. 3d 1297 (Fla. 2018), the court added that, to decide whether solicitation, unlawful use of a two-way communications device, and traveling convictions rest on the same conduct, “the reviewing court should consider only the charging document—not the entire evidentiary record.” In Dettle v. State, 395 So. 3d 1054 (Fla. 2024), the court held that Lee does not apply retroactively to cases already final in 2018, which makes raising the issue at trial and on direct appeal essential. Our attorneys read the charging information count by count for this problem.

What Other Defenses Apply to Computer Solicitation Charges?

Beyond entrapment and double jeopardy, the defense depends on what the messages show and who sent them. Our attorneys look at these issues in every case:

1. No solicitation in the words used. The State must show an attempt to seduce, solicit, lure, or entice, not just sexual talk or fantasy.
2. Belief about age. The State must prove the defendant believed he was talking with a child; an adult profile and an adult photo can undercut that belief.
3. Identity of the sender. Shared phones, shared accounts, and incomplete extractions can leave doubt about who typed the messages.
4. Missing messages. Detectives sometimes preserve screenshots instead of full exports; our forensic review looks for gaps in the conversation.
5. Objective entrapment. Police conduct so outrageous that it violates due process bars prosecution, though courts apply this narrowly.
6. Charge stacking. Separate counts for one continuous conversation, and solicitation plus traveling for the same conduct, can be challenged before trial.

For the related travel charge and vigilante cases, see our posts on what to do if you messaged a minor online, Tampa sex sting defense, and vigilante predator catchers.

What Should You Do If You Are Under Investigation for Online Solicitation?

Stop all contact, preserve your devices, and talk to a lawyer before talking to police. These steps protect the defenses described above:

1. Do not delete anything. Deleting messages or apps can look like consciousness of guilt and can destroy messages that support entrapment.
2. Do not contact the other account again. Every new message is new evidence and may be a separate count.
3. Do not consent to a phone search or interview. Politely decline and ask for a lawyer.
4. Write down the timeline of how the conversation began, which site or app was used, and what the profile said about age.
5. Call counsel immediately. Representation before charges are filed can shape how the State Attorney’s Office views the case.

Frequently Asked Questions About Solicitation of a Child Using a Computer

Is solicitation of a minor a felony if no real child was involved?

Yes, because the statute covers “a person believed by the person to be a child,” and the use of an undercover officer is not a defense by itself. The Brancato Law Firm focuses on how the detective presented the decoy’s age and who pushed the conversation toward sex.

Do I have to register as a sex offender for a computer solicitation conviction?

Yes, a conviction under section 847.0135(3) is a qualifying offense under section 943.0435. Our attorneys at The Brancato Law Firm review whether any plea offer includes an amended charge that avoids registration; see our internet crimes defense page.

Can computer solicitation charges be dropped in Florida?

Yes, charges can be dismissed on a successful entrapment motion, reduced through negotiation, or dropped when the evidence does not prove solicitation. The Brancato Law Firm files sworn motions to dismiss when the chat shows a detective overcame a client’s reluctance, as happened in DeMare.

What if the profile said the person was 18?

An adult profile does not end the case if the decoy later claimed to be a minor, but it is strong evidence on belief and predisposition. Our attorneys at The Brancato Law Firm build the defense around the exact point where age was introduced; our entrapment guide explains why that timing matters.

Can I be charged with traveling to meet a minor if I never got out of my car?

Yes, the traveling statute covers anyone who “travels any distance” or “attempts to do so” after a prohibited solicitation, so driving to the meeting place can be enough. The Brancato Law Firm examines whether the travel was for the purpose the statute requires and whether the solicitation count must be vacated under Shelley.

Can I be charged for each message I sent?

The statute allows each separate use of a device in which an offense is committed to be charged as a separate offense, though one conversation is usually not charged message by message. Our attorneys at The Brancato Law Firm challenge counts that split one continuous conversation into multiple crimes.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Talk to a Tampa Defense Attorney About a Computer Solicitation Charge

The first decision in these cases, whether to file an entrapment motion or negotiate, depends on the full chat, so getting it reviewed early matters. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will start with the complete conversation and the profile that began it. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Major Crimes Unit attorney who handled sex crime cases, I have watched vigilante sting videos become the opening exhibit in criminal cases, often before anyone has called a lawyer. I’m Rocky Brancato, and in more than 25 years in Hillsborough County courtrooms and 150+ jury trials to verdict, I have learned that a video built for views is not the same as evidence built for court. Our attorneys defend people targeted by these groups across Hillsborough, Pinellas, and Pasco Counties, and the earliest calls give us the most to work with.

What Is a Vigilante Predator Catcher?

A vigilante predator catcher is a private person or group that poses as a minor online, steers the conversation toward sex, arranges a meeting, and then confronts the target on camera, often for a livestream or a monetized video. These groups are not police. They have no training in preserving evidence, no duty to give Miranda warnings, and often a financial reason to make the encounter as dramatic as possible.

Our attorneys have seen at least two kinds of groups working in the Tampa Bay area, both from out of state. One has physically confronted targets on camera and used edited photos to make its decoys look younger in chats. The other avoids violence and works closely with law enforcement. Both report to police, both post footage online, and both are active on dating apps, including apps used by gay men.

Can You Be Charged After a Vigilante Sting in Florida?

Yes. Florida’s internet solicitation law, section 847.0135(3), Florida Statutes, makes it a crime to use a computer or device to “seduce, solicit, lure, or entice” “a child or another person believed by the person to be a child” to commit an illegal sexual act. The traveling-to-meet-a-minor provision in section 847.0135(4) uses the same “believed by the person to be a child” language. Because the statute turns on what the accused believed, it does not matter that the “child” was an adult volunteer.

Maximum terms come from section 775.082 and section 775.083, Florida Statutes. Our post on traveling to meet a minor in Tampa explains that charge in detail, and our guide to what to do after messaging a minor online covers the first steps.

Can You Use Entrapment as a Defense Against a Vigilante?

Usually not, unless police were involved. Florida’s entrapment statute, section 777.201, Florida Statutes, applies when “A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer” induces the crime. A private group acting entirely on its own is none of those. The defense must prove entrapment by a preponderance of the evidence.

Federal courts say the same. In United States v. Morris, 549 F.3d 548 (7th Cir. 2008), where the first person to pose online as the girl was her mother, a private citizen, the court wrote: “There is no defense of private entrapment.” That opinion quoted University of Florida Journal of Law and Public Policy scholarship warning that cheap online stings allow “private entrapment to become rampant” (Dru Stevenson, Entrapment by Numbers, 16 U. Fla. J.L. & Pub. Pol’y 1 (2005)).

The answer changes when the group is not really acting alone. If officers asked the group to run the sting, fed it information, coordinated the meeting, or kept using its methods while knowing how it worked, the group may be “engaged in cooperation with” or “acting as an agent of” law enforcement under section 777.201. Our attorneys subpoena the communications between the group and the agency to find out which side of that line the case falls on.

There is also a due process route. In Munoz v. State, 629 So. 2d 90 (Fla. 1993), the Florida Supreme Court held that section 777.201’s subjective test governs “in the absence of egregious law enforcement conduct,” but that when the conduct is egregious, entrapment “is to be evaluated under the due process provision of article I, section 9, of the Florida Constitution.” Our post on understanding entrapment explains both tests.

What Defenses Work When Police Were Not Involved?

The evidence itself. A vigilante group decides what to save, what to post, and what to cut, and the State usually inherits whatever the group chose to keep. Our attorneys focus on these points:

1. Missing or edited chats. We demand the complete message history from the platform, not screenshots, and compare it line by line with what the group posted.
2. Who raised sex and age first. The full thread often shows the decoy steering the conversation, which matters to intent even when entrapment is unavailable.
3. Authentication. The State must prove the messages came from the accused and the decoy account was what it claimed to be.
4. Intent and belief. The statute requires proof the person believed he was dealing with a child; adult-only platforms, adult photos, and role-play cues can undercut that.
5. Video reliability. Edited livestreams, missing raw footage, and statements obtained through threats or force are open to challenge.
6. The group’s own conduct. Payments, monetization, and prior violence go to bias and credibility.

Our Tampa internet crimes attorney page explains how we handle digital evidence, and our Tampa sex sting guide covers police-run operations.

Can Vigilante Groups Commit Crimes Themselves?

Yes. Private citizens have no special legal protection when they confront someone. Holding a person in place against his will can support a false imprisonment charge under section 787.02, Florida Statutes, and physical contact can be battery under section 784.03. Under section 836.05, Florida Statutes, anyone who “maliciously threatens to expose another to disgrace” with intent “to extort money or any pecuniary advantage” commits a second-degree felony.

If a group demanded money to keep a video offline, or held you in place to film you, write down what happened and keep every message. That conduct can affect the credibility of the group’s evidence, and it may be a crime in its own right.

How Much Online Exploitation Reporting Comes From Florida?

A great deal. Florida generated 66,861 CyberTipline reports to the National Center for Missing & Exploited Children in 2023, third among the states behind California and Texas, out of 1,132,270 reports resolving to U.S. states, according to NCMEC’s 2023 CyberTipline Reports by State. NCMEC makes those reports available to Internet Crimes Against Children task forces and other law enforcement.

That volume is why police in Tampa Bay run their own online stings, and why a vigilante video that reaches a detective can turn into a real investigation weeks after the confrontation.

What Should You Do If a Predator Catcher Group Confronted You?

• Do not argue on camera or explain. Anything you say becomes part of the video and can reach a prosecutor.
• Do not contact the group or pay anyone. Payment does not make a video disappear, and contact creates new evidence.
• Preserve your own records. Keep your phone, the app, and the full message history; do not delete accounts.
• Write down what happened during the confrontation, including any force, threats, or demands for money.
• Call a defense lawyer before police call you. Many of these cases are still investigations when people reach us.

Our representation before charges are filed can include contacting the detective and presenting the missing context to the State Attorney’s Office before a charging decision. In Hillsborough County, those decisions are made by the State Attorney’s Office for the 13th Judicial Circuit; our Hillsborough County criminal defense attorney page explains the local process.

Frequently Asked Questions About Vigilante Predator Catchers in Florida

Can I be arrested based on a predator catcher video?

Yes. Police can investigate and file charges based on footage, chat logs, or a tip from a group, and the State can use that material if it can authenticate it. The Brancato Law Firm demands the complete records behind the video; see our Tampa sex crimes lawyer page.

What if the group never called the police?

You are not necessarily in the clear, because a viral video or a viewer’s tip can start an investigation later. Our attorneys at The Brancato Law Firm often step in during that window, before any arrest.

Is it a crime if the “child” was really an adult?

It can be, because sections 847.0135(3) and (4) cover “another person believed by the person to be a child.” The Brancato Law Firm focuses on what the accused actually believed, using the full chat record; our traveling to meet a minor guide has more.

Can vigilantes record me without my consent in Florida?

Often yes, because Florida’s wiretap law protects an oral communication only when it is made with an expectation of privacy “under circumstances justifying such expectation” under section 934.02(2), Florida Statutes, so video in a public parking lot is rarely barred, although force, threats, and extortion can still be crimes. Our attorneys at The Brancato Law Firm review how every recording was made and what was cut from it.

Do these groups have to preserve the evidence?

No, private groups have no duty to preserve evidence the way police do, which is why missing messages and edited footage are often the heart of the defense. The Brancato Law Firm subpoenas platform records directly; our internet crimes defense page explains how.

Can a predator catcher sting lead to human trafficking charges?

Usually not, since most of these cases are charged as solicitation or traveling to meet a minor, but the charge depends on what was said about money and other people. The Brancato Law Firm reviews the exact allegations; see our human trafficking defense guide.

Talk to a Tampa Defense Attorney Before the Video Becomes a Case

If a group confronted you, posted a video of you, or demanded money, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before you speak with anyone else. We may be able to keep the matter from becoming an arrest, and if charges come, we start building the defense from the full record. You can call us at any hour, confidentially. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Escort stings in Tampa are built on text messages and recordings, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have spent more than 25 years in Hillsborough County courtrooms learning how much those records decide. Our attorneys start every sting case by getting the complete chat log and every recording, because an arrest report summarizes the conversation in the way that best fits the State’s theory.

How do escort and prostitution stings work in Tampa?

A Tampa escort sting puts an undercover detective on one side of a paid-sex conversation and arrests the person on the other side once the conversation reaches an offer, an agreement, or a meeting. In Hillsborough County, these operations are run mainly by HCSO’s Human Trafficking Section and the Tampa Police Department, and they take four common forms.

Street operations in Tampa have long centered on the Nebraska Avenue corridor, where Tampa Police and HCSO run reverse stings with officers posing as sex workers, as our firm explains in its guide Is Prostitution Legal in Florida? Online operations follow the same logic on a phone screen, and they fall within the work of our Tampa internet crimes attorney team as well as our sex crimes practice.

These operations are frequent and large. HCSO’s “Operation Relentless Summer,” which ran from June 8 to August 5, 2026 and included undercover online chat and hotel and motel operations, produced 116 arrests, according to an HCSO news release from August 2026. An earlier HCSO operation, from January 1 to February 6, 2026, produced 89 arrests and 1,217 felony charges, HCSO reported in March 2026. HCSO also reported in 2026 that its Human Trafficking Section has made 1,343 arrests since it was created in 2021.

Those totals mix adult solicitation cases with child-sting felonies, because HCSO describes the January operation as targeting people seeking “to sexually exploit children and purchase sex.” That overlap is why the first question our attorneys ask in any sting case is whether a minor was ever mentioned.

Reverse stings aimed at buyers are part of a national demand-reduction strategy. A National Institute of Justice summary of a national study by Abt Associates researchers Michael Shively, Kristina Kliorys, Kristin Wheeler, and Dana Hunt lists street-level, brothel-based, and web-based reverse stings, seizing cars used to buy sex, “john schools,” and “john shaming” among the tactics U.S. communities use to reduce demand. Florida’s solicitation statute contains versions of several of them: vehicle impoundment, an educational program, and a civil penalty that funds safe houses.

Do police run stings on Listcrawler and other escort sites?

Yes. Police in the Tampa area post decoy ads and answer real ads on the same escort listing sites and apps the public uses, including sites such as Listcrawler, so the person behind an ad may be a detective. Nothing in the public record shows that Listcrawler itself is operated by police, and a detective does not need to run a website to run a sting on it.

Looking at escort ads is not a crime in Florida. Section 796.07 makes it a crime to offer to commit prostitution, to solicit or procure another person for prostitution, or to purchase the services of a person engaged in prostitution, so the legal line is crossed in the messages, at the point where money is tied to sexual activity. If you are facing escort allegations after a sting, the State still has to prove that offer or agreement beyond a reasonable doubt, and The Brancato Law Firm reads every message to find out whether it can.

What charges follow a Tampa escort sting arrest?

Most buyers arrested in a Tampa escort sting are charged with soliciting prostitution under section 796.07(2)(f), Florida Statutes, which makes it unlawful “to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” Some are charged instead with offering to commit prostitution under section 796.07(2)(e) or with purchasing the services of a person engaged in prostitution under section 796.07(2)(i). Florida defines prostitution as “the giving or receiving of the body for sexual activity for hire,” so the State must connect payment to sexual activity. Our Tampa sex crimes attorney page explains how our firm defends the full range of these charges.

Solicitation carries a steeper penalty ladder than the other prostitution offenses. The maximum jail terms and fines for each level come from section 775.082 and section 775.083.

The statute has no look-back period, so an old prior conviction can move a new case up a level. A second solicitation charge is already a felony, which changes the scoresheet, the bond, and the long-term record; our guide Felony vs. Misdemeanor in Florida explains how the levels compare.

What extra penalties come with a solicitation conviction in Florida?

A solicitation conviction in Florida brings mandatory add-ons beyond jail and fines, plus a vehicle penalty the judge may choose to impose. Section 796.07 and section 796.08 set them out:

• $5,000 civil penalty. Under section 796.07(6), a solicitation charge that ends in “any judicial disposition other than acquittal or dismissal” carries a $5,000 civil penalty. The first $500 funds drug court programs, and the rest goes to the Department of Children and Families for safe houses and safe foster homes.
• 100 hours of community service. The court must order it for every solicitation conviction.
• An educational program. The person convicted must pay for and attend one if the judicial circuit has it. Since 2023, the statute has listed what the program covers, including the link between demand for commercial sex and human trafficking.
• A 10-day minimum jail term for a second or later solicitation conviction.
• Vehicle impoundment. If a vehicle was used, the judge may order it impounded or immobilized for up to 60 days after a conviction. The owner can have the order dismissed if, for example, the family has no other transportation or the car was stolen at the time.
• STD and HIV screening. Under section 796.08, a person convicted of prostitution or of procuring another to commit prostitution must undergo screening for sexually transmissible diseases, including HIV, and complete any needed treatment before release from probation or jail.

None of those penalties includes sex offender registration. An adult solicitation conviction under section 796.07 is not on the registration list in section 943.0435; the charges that do require registration are the child-sting felonies covered below. The Brancato Law Firm checks every proposed plea against that registration list before a client decides.

Will my name be made public after a Tampa prostitution sting?

Your arrest is a public record, but Florida no longer keeps a statewide list of people convicted of soliciting prostitution. Starting in 2019, section 796.07(5)(e) sent solicitation convictions involving payment, including those resolved with a withhold of adjudication, to a “Soliciting for Prostitution Public Database” kept by the Florida Department of Law Enforcement. That provision expired on January 1, 2024, and the 2023 version of section 796.07 is the last one that contains it.

Other exposure remains. HCSO news releases about large operations often name the people arrested, and booking photos can spread to commercial mugshot sites. Under section 901.43, a site whose business is publishing booking photos cannot charge to remove one and must take it down within 10 calendar days of a written request sent by registered mail. A dismissal or a withhold of adjudication may also allow the court record to be sealed or expunged under section 943.059 or section 943.0585, which generally require that the person was never adjudicated guilty of a crime. Our attorneys at The Brancato Law Firm shape plea negotiations around keeping that option open.

What happens if a minor was mentioned during the sting?

If a minor was mentioned in the conversation, the case usually becomes a felony sting with prison and registration exposure, even when no real child existed. Florida’s human trafficking statute, section 787.06(3)(g), makes trafficking for commercial sexual activity involving “an adult believed by the person to be a child younger than 18 years of age” a life felony. Using a phone or computer to solicit a child, or a person believed to be a child, is a third-degree felony under section 847.0135(3), and a second-degree felony if the accused misrepresented his or her age. Traveling to meet a believed minor after that kind of contact is a second-degree felony under section 847.0135(4). Each of those offenses requires sex offender registration.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, addressed this pattern in State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023). Officers created a profile of a 19-year-old woman on an adult companionship website, and the persona then told the man she was 14. The trial court dismissed the charges as entrapment, but the appellate court reversed, holding that a jury had to decide whether he was predisposed, even though he had no record of offenses against minors. For anyone arrested after an adult-site conversation, the age claim, when it was made, and every message after it will decide the case.

These felony stings have their own guides on our site: Tampa Bay online sex sting defense, solicitation of a child using a computer, traveling to meet a minor, and Tampa human trafficking defense. Our firm’s published results in these cases include the following.

Every case depends on its own facts, and past results do not guarantee future outcomes. More outcomes are listed on our case results page.

Is entrapment a defense to a prostitution sting in Florida?

Yes. Entrapment is a complete defense in Florida when police induced the crime and the accused was not already ready to commit it. Under section 777.201, an officer entraps a person by using “methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it,” and the accused must prove it by a preponderance of the evidence.

The Florida Supreme Court explained how the defense works in Munoz v. State, 629 So. 2d 90 (Fla. 1993), a case in which deputies used a 16-year-old informant with a false adult membership card to rent X-rated videos from a store owner. The court held that the statute adopted the subjective test, which asks first whether police induced the crime and then whether the accused was predisposed to commit it. Once the defense produces evidence of no predisposition, the State must prove predisposition beyond a reasonable doubt. The court found the store owner entrapped as a matter of law and held that police conduct egregious enough to violate due process under the Florida Constitution can also require dismissal. That second path is often called objective entrapment. The Brancato Law Firm files entrapment motions in Hillsborough County sting cases when the record supports them.

What did a Florida appeals court decide about entrapment in a 2026 prostitution sting?

A Florida appeals court held in February 2026 that an undercover officer who simply gives a driver the chance to buy sex has not, by that alone, induced the crime. In State v. Gadbois, No. 6D2024-1593 (Fla. 6th DCA Feb. 27, 2026), an undercover agent stood outside a hotel on South Orange Blossom Trail in Orange County, an area the State showed was known for prostitution. A driver pulled into the lot, the agent asked if he wanted to “party,” and according to the agent he agreed to her price but needed to get money first. He said he declined. Officers stopped him as he drove away, and he was charged with offering to commit prostitution under section 796.07(2)(e).

The trial court dismissed the charge after he swore that he never started the conversation or any criminal activity. The Sixth District Court of Appeal reversed, holding that “Inducement cannot be found by prompting or creating an opportunity,” and that because the officer’s account and the defendant’s account conflicted, a jury had to decide the question. The court did not decide whether he was predisposed or whether the State could prove the charge.

Gadbois is a recent Florida appellate decision on entrapment in a prostitution sting, and prosecutors in Hillsborough County can be expected to cite it. Its lesson is practical: an entrapment motion wins before trial only when the record of what was said is undisputed, which is why our attorneys fight first for the complete recordings and messages. Facts that can show inducement include a detective who pushed past a clear refusal or kept pressing for days. Facts that can show no predisposition include a clean record and no history of contacting escort ads. Our entrapment defense guide explains the test in more detail.

How do our attorneys fight a Tampa solicitation charge?

Our attorneys fight a Tampa solicitation charge by testing each element the State must prove, then using what that review shows to push for a dismissal, a diversion, or a trial. The work usually follows six steps.

1. Get the complete record. We demand every message, call recording, and body-camera file, plus the ad or profile the detective used, instead of relying on the excerpts in the arrest report.
2. Test the agreement. The State must tie payment to sexual activity. Vague words such as “party” or “hang out” are often weaker evidence than the report suggests, although code words do not protect a conversation that clearly ties money to sex.
3. Raise entrapment. When the detective induced the offense and the facts are undisputed, a sworn motion to dismiss can end the case before trial; when the facts are disputed, the defense goes to the jury.
4. Review the phone search and any statements. We look at how the phone was searched and whether statements were taken after proper Miranda warnings, and we file a motion to suppress when the law supports one.
5. Negotiate diversion or a reduction. We present the weaknesses to the prosecutor and press for a diversion program or a charge that avoids the solicitation penalties.
6. Protect the record. We aim for an outcome without an adjudication of guilt, which keeps sealing or expunction available.

Can a solicitation charge be dropped in Hillsborough County?

Yes. A solicitation charge can be dropped in Hillsborough County, most often through a diversion program or because the evidence will not hold up. The Hillsborough State Attorney’s Office lists a Misdemeanor Intervention Program for first-time offenders, which requires the State Attorney’s consent, and a Pretrial Intervention program for certain first-time felony offenders, supervised by the Department of Corrections. The office does not publish a list of which charges qualify, so our attorneys raise eligibility directly with the assigned prosecutor. For a third or later prostitution offense other than solicitation, section 796.07(4)(b) requires that the person be offered pretrial intervention or a substance abuse treatment program.

Charges can also be stopped before they are filed. After a sting arrest, the State Attorney’s Office decides what to file, and our pre-file advocacy puts the weaknesses in front of the prosecutor before that decision is made.

What other consequences follow a prostitution arrest in Tampa?

A prostitution arrest in Tampa can affect work, licenses, immigration status, and family life long after the criminal case ends. The most common problems are these:

• Background checks. An arrest and its outcome appear on criminal history checks unless the record is sealed or expunged.
• Professional licenses. Nurses, teachers, and other licensed professionals may have to report an arrest or a plea to their licensing board.
• Immigration. Prostitution-related offenses can carry immigration consequences, so a non-citizen should get advice before entering any plea. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.
• Money and transportation. The $5,000 civil penalty, court costs, and a possible 60-day vehicle impoundment add up quickly.

What should you do in the first days after a Tampa escort sting arrest?

Stay silent about the facts, keep every record, and call a lawyer before the State Attorney’s Office makes its filing decision. In practice, that means:

• Do not discuss the case with detectives, with the person from the ad, or with anyone online. A follow-up message may come from the same detective.
• Do not delete messages, apps, call logs, or the ad. Deleting evidence after an arrest can create a new legal problem, and the full conversation is often what helps you.
• Write down what happened, in order, while it is fresh, and share it only with your lawyer.
• Keep the paperwork from the arrest or release, including any court date.
• Call a defense attorney before you speak with a prosecutor, an employer, or a licensing board about the case. You can call The Brancato Law Firm at any hour at (813) 727-7159.

Frequently asked questions about Tampa escort stings

Is it illegal to look at escort ads on Listcrawler in Florida?

No, browsing an escort ad is not a crime under Florida law; the offense begins when someone offers, solicits, or agrees to exchange money for sexual activity. The Brancato Law Firm reviews the messages in each case to find the exact point, if any, where the conversation crossed that line, and our guide on whether prostitution is legal in Florida explains the difference between escorting and prostitution.

Does money have to change hands for a solicitation charge in Florida?

No, section 796.07(2)(f) makes it a crime to solicit, induce, entice, or procure another person to commit prostitution, so an offer can be enough even if no money was paid. Our attorneys at The Brancato Law Firm focus on whether the words actually tied payment to sexual activity, and our online solicitation defense page explains how we challenge chat-based cases.

Do you have to register as a sex offender for solicitation of prostitution in Florida?

No, an adult solicitation conviction under section 796.07 does not require sex offender registration. The Brancato Law Firm handles a sting where a minor was mentioned very differently, because those charges do require registration, as our online sex sting guide explains.

Will my car be impounded after a Tampa prostitution sting?

It can be, but only after a solicitation conviction and only if a vehicle was used: section 796.07(5)(d) lets the judge order impoundment or immobilization for up to 60 days. The Brancato Law Firm can ask the court to dismiss an impoundment order when the owner’s family has no other transportation, the car was stolen, or another exception in the statute applies.

Can a first solicitation charge be dropped in Tampa?

Yes, a first solicitation charge in Tampa can be dropped through a diversion agreement, a successful entrapment motion, or a prosecutor’s decision that the messages do not prove an agreement. Our attorneys at The Brancato Law Firm raise diversion eligibility with the assigned prosecutor early, and our sex crimes defense team handles these cases across Hillsborough, Pinellas, and Pasco Counties.

What if a detective calls me after a sting but I was not arrested?

Politely decline to discuss the facts and call a lawyer, because the call may be an effort to build the case before charges are filed. The Brancato Law Firm can speak with the detective for you through our representation before charges are filed.

¿Qué debo hacer si me arrestaron en un operativo de prostitución en Tampa?

No hable del caso con la policía, no borre sus mensajes y llame a un abogado antes de que la Fiscalía decida qué cargos presentar. The Brancato Law Firm tiene personal que habla español, y el abogado Jean-Luc Adrien habla español, criollo haitiano y francés; lea más sobre nuestros servicios de defensa penal en español.

Talk to our attorneys before the State files charges

Our attorneys start by requesting the complete chat log, the recordings, and the detective’s ad or profile, then press the entrapment and agreement issues with the prosecutor while the filing decision is still open. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends escort and prostitution sting cases across Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you hit an age-check screen on an adult site, found that a site you used now blocks Florida, or got a call from a detective about something on your account, you probably want to know exactly where Florida draws the line. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I defended sex crimes cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I am the former Chief Operations Officer of that office, where I oversaw a staff of over 100 attorneys. Our attorneys defend internet and child pornography investigations across Hillsborough, Pinellas, and Pasco Counties, often before any charge is filed.

Is porn legal in Florida in 2026?

Yes, watching, buying, or owning adult pornography is legal in Florida for anyone 18 or older. No Florida statute makes it a crime for an adult to view lawful adult content, and the 2024 age verification law does not change that. Three things decide whether sexual material crosses into criminal territory: who is depicted, who receives it, and whether it is legally obscene.

• Who is depicted. Any image of a person under 18 engaged in sexual conduct is child sexual abuse material under section 827.071, Florida Statutes, no matter who made it or why.
• Who receives it. Showing, giving, or sending sexual material to a minor is a felony.
• Whether it is obscene. Material that meets the legal test for obscenity can be prosecuted when it is sold, distributed, or shown, even between adults.

Consent also matters for adults. Publishing a sexually explicit image of a real person without that person’s consent can be a crime under Florida’s sexual cyberharassment law, covered below. Nearly every question our attorneys hear about Florida porn law turns on one of these three facts.

Is porn banned in Florida? What the age verification law requires

No, porn is not banned in Florida. HB 3, signed in March 2024 as chapter 2024-42, Laws of Florida, created section 501.1737, Florida Statutes, which took effect on January 1, 2025. It requires adult websites to verify a visitor’s age before showing sexual material. The law regulates the businesses that publish the content. It does not punish the adult who views it.

“Material harmful to minors” has a specific meaning under section 847.001, Florida Statutes: sexual content that predominantly appeals to a prurient interest, is patently offensive under adult community standards for what is suitable for minors, and lacks serious literary, artistic, political, or scientific value for minors. Mainstream adult video sites fall squarely within that definition, which is why they are the main target of the law, as our attorneys explain to clients who worry that their own browsing puts them at risk.

Why do some porn sites block Florida?

Some adult sites block Florida because their owners chose not to collect age verification from Florida users. Aylo, the company that owns Pornhub, cut off Florida access on January 1, 2025, the day the law took effect. Other large sites stayed open and added an age check. A blocked site is a business decision by the company, and it does not mean Florida made adult content illegal.

Florida has gone after sites that did neither. In August 2025, Attorney General James Uthmeier sued the operators of XVideos, XNXX, BangBros, and Girls Gone Wild for failing to verify ages, and in September 2025 his office filed two more complaints, including one against Aylo entities over sites such as SpiceVids and Nutaku. The State seeks injunctions and penalties of up to $50,000 per violation. We have not found a reported final judgment in those cases as of this update. None of these lawsuits targets individual viewers, and our attorneys give clients the same answer: the law’s penalties fall on the companies.

Is Florida’s age verification law constitutional after Free Speech Coalition v. Paxton?

Yes, as things stand, Florida’s law is in force and no court has blocked it. In Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), an adult-industry trade group challenged Texas’s nearly identical age verification law. On June 27, 2025, the U.S. Supreme Court upheld the Texas law by a 6-3 vote. The Court applied intermediate scrutiny, recognized that adults have a right to view sexual material that is obscene only for minors, and held that “adults have no First Amendment right to avoid age verification.”

The same trade group had sued Florida in federal court in December 2024. After Paxton, the plaintiffs voluntarily dismissed the Florida case in July 2025. The practical lesson for Florida residents is simple: age checks on adult sites are here to stay, and the legal fight has shifted to whether particular sites are complying. The Brancato Law Firm follows these rulings because the same First Amendment principles shape obscenity and harmful-to-minors prosecutions.

Is it illegal to use a VPN to watch porn in Florida?

No, using a VPN is legal in Florida, and no Florida law punishes an adult for using one to reach lawful adult content. Section 501.1737 does not mention VPNs, and its duties fall on the website. Florida has not passed any law that restricts VPN use.

Research shows many people respond to these laws by changing how they get to adult content. A study by David Lang and colleagues at NYU’s Center for Social Media, AI, and Politics, published in the Journal of Law & Empirical Analysis in 2026, found that in the three months after age verification laws took effect, Google searches for VPN services rose 23.6%, searches for the leading site that complied fell about 51%, and searches for the leading site that did not comply rose 48.1%.

A VPN changes your apparent location. It does not change the legality of the content. If the material involves a minor, a VPN is no defense, and it does not erase what is stored on your phone, laptop, or cloud account. In our experience, the evidence in these cases usually comes from the devices and accounts themselves, plus records from the companies that run them.

When does pornography become a crime in Florida?

Pornography becomes a crime in Florida when it involves a minor, when it is legally obscene and distributed, or when it is published without the depicted person’s consent. The table below lists the offenses our attorneys see most, with current classifications, and our Tampa internet crimes attorney page explains how we defend each charge. Felony maximums come from section 775.082, Florida Statutes: 5 years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony.

What makes porn “obscene” under Florida law?

Material is obscene only if it meets all three parts of the test from Miller v. California, 413 U.S. 15 (1973), the U.S. Supreme Court case about a man prosecuted for mailing sexually explicit advertising brochures. Florida copies that test into section 847.001: the average person, applying contemporary community standards, would find the work as a whole appeals to the prurient interest; it depicts sexual conduct in a patently offensive way; and, taken as a whole, it lacks serious literary, artistic, political, or scientific value. Most mainstream adult content is not prosecuted as obscene.

Under section 847.011, Florida Statutes, selling, distributing, or showing obscene material is a first-degree misdemeanor, and the statute still lists simple knowing possession as a second-degree misdemeanor. Private possession has constitutional protection, though. In Stanley v. Georgia, 394 U.S. 557 (1969), police searching a Georgia man’s home for bookmaking evidence found obscene films, and the Supreme Court held that a state cannot make “mere private possession of obscene material” in the home a crime. That protection stops at material involving children, as explained below.

Is it a crime to show or send porn to someone under 18?

Yes, and it is a felony. Knowingly showing, giving, or transmitting obscene material to a minor is a third-degree felony under section 847.0133. Sending an image or data that is harmful to minors to a specific person you know or believe is a minor is also a third-degree felony under section 847.0138, and that statute reaches senders outside Florida. The “believed” language is why undercover officers posing as teenagers can bring this charge even when no real child was involved.

Both offenses are on the list in section 943.0435, Florida Statutes that requires sex offender registration, which generally lasts for life. Questions about lawful sexual activity between people of different ages are a separate topic, covered in our guide to the age of consent in Florida.

What are the penalties for child pornography in Florida after July 1, 2026?

Knowingly possessing, controlling, or intentionally viewing child sexual abuse material is now a second-degree felony, punishable by up to 15 years in prison for each image. Chapter 2026-20, Laws of Florida (HB 1159), raised the offense from a third-degree felony for conduct on or after July 1, 2026, and renamed “child pornography” as “child sexual abuse material” throughout the statutes. Under section 827.071(5), each image is a separate offense, and an image showing more than one child counts once for each child. “Intentionally view” requires proof of more than a single image.

Sentences can climb further. Under section 775.0847, Florida Statutes, the charge is reclassified one degree higher when a person possesses 10 or more images and at least one shows a child under 12, sadomasochistic abuse, sexual battery, bestiality, or any video of a child. Transmitting the material to another person now carries a 5-year mandatory minimum for adults under section 847.0137, and that statute’s definition of “transmit” covers sharing a cloud link or login. A conviction under section 827.071 requires sex offender registration. For how the reclassification math works on a scoresheet, see our post on child pornography enhancements in Florida.

The constitutional rule behind these laws is settled. In Osborne v. Ohio, 495 U.S. 103 (1990), an Ohio man was convicted for possessing nude photographs of a boy in his home, and the Supreme Court held that states may ban private possession and viewing of child pornography because of their compelling interest in protecting children, distinguishing Stanley.

Is AI-generated child pornography illegal in Florida?

Yes. Section 827.072, Florida Statutes makes it a third-degree felony to knowingly possess or intentionally view “generated child sexual abuse material,” meaning computer-created images of a fictitious person a reasonable person would regard as a real minor engaged in sexual conduct. Creating that material, or sending it to another person, is a second-degree felony. An image altered to show an identifiable real child, such as a face swapped onto another body, falls under section 827.071 and its higher penalties.

Is revenge porn illegal in Florida?

Yes. Under section 784.049, Florida Statutes, publishing or electronically sending a sexually explicit image of a person without consent, together with information that identifies the person, is sexual cyberharassment. A first offense is a first-degree misdemeanor, a second is a third-degree felony, and the person shown can sue for the greater of $10,000 or actual damages. Sending an image to a partner does not, by itself, give up that person’s expectation of privacy.

How do child pornography investigations start in Florida?

Most child pornography investigations in Florida start with a tip from a tech company, not a police officer. Platforms that detect suspected child sexual abuse material report it to the CyberTipline run by the National Center for Missing & Exploited Children (NCMEC). In 2025, the CyberTipline received 21.3 million reports nationwide, and 126,256 of them were tied to Florida, according to NCMEC’s 2025 CyberTipline reports by state. NCMEC sends those reports to Internet Crimes Against Children task forces and local agencies, which subpoena account records, identify the internet subscriber, and apply for search warrants.

The same conduct can also be charged in federal court, and the federal district that includes Tampa sentences more of these cases than any other. In fiscal year 2025, the Middle District of Florida, which includes Tampa, sentenced 70 people for federal child pornography offenses, more than any other federal district, according to the U.S. Sentencing Commission’s fiscal year 2025 Quick Facts. The same report found that 74% of people sentenced for federal child pornography offenses that year had little or no prior criminal history.

That pattern matches what we see: many of the people who call us have never been arrested. The account holder is the first person investigators look at, even when someone else in the home did the searching. A teenager who searches for explicit content involving “kids my age” can trigger the same automated report as an adult, and the subpoenas and warrants usually point to the parent who pays for the internet service. Parental controls such as Apple Screen Time and Google Family Link can help prevent that situation, and activity logs from those tools can later help show who was using a device.

Can you be charged for images you did not know were on your device?

The State must prove you knew the material was there, and that element is often where these cases are won. In Strouse v. State, 932 So. 2d 326 (Fla. 4th DCA 2006), a man was charged with seven counts after his girlfriend found images on his laptop. Six counts were dismissed because those images were old temporary internet files or composite images from website banners. The conviction on the remaining count was affirmed because his girlfriend had seen that image appear as a new icon on his screen, which showed it was more than a file the computer stored automatically. A 2008 Florida Law Review note examined the same problem: whether a person should be convicted for files a browser cache saved on its own. Knowledge is tested twice, first in a motion to dismiss or a forensic challenge before trial and again in front of the jury.

What should you do if police contact you about images online?

Do not talk to the detective, do not consent to a device search, and do not delete anything. Call a lawyer before you respond. Deleting files after you know about an investigation can lead to a separate tampering charge, and forensic examiners can often recover deleted data anyway. A detective’s request to “clear this up” is usually an attempt to get the admission that proves knowledge.

1. Day 1: Decline the interview politely and ask for the detective’s name, agency, and case number.
2. Day 1: Do not unlock, wipe, reset, or hand over phones, computers, or cloud passwords without a warrant.
3. Days 1 to 3: Have a lawyer contact the agency, invoke your rights, and route all communication through counsel.
4. First weeks: Build the defense and mitigation record before the State decides what to file.

The weeks before an arrest are the best chance to shape the outcome, which is why our firm offers representation before charges are filed. Our attorneys review the actual files in person at the law enforcement agency rather than relying on a detective’s description, and we bring in forensic experts to test how each file got onto the device. If Google or another provider has notified you that police requested your account records, our guide on what to do after a Google account legal request walks through the first steps. When an investigation involves an in-person sex offense allegation as well, see our Tampa sex crimes lawyer page.

What results has our firm obtained in these cases?

Our attorneys have resolved internet and child pornography investigations without a registrable conviction, and in some cases without any charge. These results are published on our case results page.

Past results do not guarantee future outcomes.

Frequently asked questions about Florida porn laws

Is it illegal for a minor to watch porn in Florida?

Florida’s pornography laws target the websites and people who provide sexual material to minors, and no statute makes a minor’s viewing alone a crime. When teenagers trade nude images with each other, though, Florida’s sexting statute applies, starting with a noncriminal citation. The Brancato Law Firm represents families when a school or detective gets involved and works to keep a teenager’s mistake in juvenile court or out of court entirely.

Can I get in trouble for using a VPN to watch porn in Florida?

No, an adult using a VPN to reach lawful adult content does not violate Florida law, because section 501.1737 regulates websites, not viewers. Our attorneys at The Brancato Law Firm remind clients that a VPN offers no protection when the content involves a minor, since the evidence comes from the device and the accounts.

Is OnlyFans legal in Florida?

Yes, subscribing to or selling adult content on platforms like OnlyFans is legal in Florida when everyone involved is 18 or older and consented. The Brancato Law Firm advises adult creators that the legal risks come from content involving anyone under 18, posting another person’s images without consent, and material that meets the obscenity test.

What happens if my child searched for illegal content on my internet account?

Investigators usually start with the account holder, so a parent can become the first suspect when a child’s search triggers a report. The Brancato Law Firm steps in at that stage through pre-file advocacy, contacting the detective and helping show who actually used the device.

Is sending a nude photo to a 17-year-old a crime in Florida?

Yes, an adult who sends sexual images to someone known or believed to be a minor commits a third-degree felony under section 847.0138, and a conviction requires sex offender registration. The Brancato Law Firm defends these charges, including cases that come from undercover chats, as explained in our post on solicitation of a child using a computer.

Can child pornography charges be dropped in Florida?

Yes, prosecutors can drop or reduce these charges when the evidence of knowledge, age, or identity is weak or when the defense presents strong mitigation. In a 2026 case, The Brancato Law Firm obtained a reduction from four child pornography felonies to obscenity counts that do not require registration; learn more from our internet crimes defense team.

Do you have to register as a sex offender for possessing child pornography in Florida?

Yes, a conviction under section 827.071 requires sex offender registration under section 943.0435, generally for life, with a petition for removal possible only after 25 years in limited cases. The Brancato Law Firm looks for lawful resolutions that avoid a registrable offense, such as the obscenity reduction described above. Our guide to Florida child sexual abuse material charges covers the defenses in more detail.

Can police search my phone if they say they found porn on my account?

Police generally need a search warrant or your consent to search your phone, and you can refuse consent. The Brancato Law Firm reviews every warrant in these cases for problems with the probable cause, the scope of the search, and the timing of the forensic exam.

Talk to a lawyer before you talk to a detective

Your next step, if a detective has called, knocked, or sent a provider notice, is to say nothing about the images and call us first. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will contact the agency for you, protect your devices and accounts from a consent search, and start building the defense before the State decides what to charge. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If a former partner, a detective, or a lawyer’s letter says you shared someone’s intimate photos without permission, you are facing a charge built on a law Florida rewrote in 2025. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I defended sex crimes cases in the Public Defender’s Major Crimes Unit and am a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend sexual cyberharassment cases by testing every element the State must prove, starting with the digital evidence that ties the image to our client.

What is sexual cyberharassment under Florida law?

Sexual cyberharassment is the crime of intentionally posting a sexually explicit image of another person online, or sending it electronically to someone else, without the depicted person’s consent and contrary to that person’s reasonable expectation that the image would stay private. It is defined in section 784.049, Florida Statutes. The image must also identify the person, either through the image itself or through identifying information posted or sent at the same time.

Florida’s statute treats the offense as a computer-based crime, and our firm handles these cases as part of our work as a Tampa internet crimes attorney team. The table below lists what the State must prove beyond a reasonable doubt.

What changed in Florida’s revenge porn law in 2025?

Florida made sexual cyberharassment easier to prosecute on October 1, 2025. CS/CS/HB 1451, signed May 22, 2025, as Chapter 2025-84, removed the requirement that the State prove the accused acted “for no legitimate purpose, with the intent of causing substantial emotional distress.” It also created a felony for revenge porn committed for money and gave prosecutors more time to file.

The date of the alleged posting matters. A criminal law cannot be applied to conduct that happened before it took effect, so an image shared before October 1, 2025, is judged under the older version of the statute, including the emotional-distress element. Our attorneys check the date of every post and message before we decide which defenses apply.

What are the penalties for revenge porn in Florida?

A first sexual cyberharassment conviction is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine under section 775.082 and section 775.083. The charge becomes a felony in two situations, shown below.

A plea with a withhold of adjudication still counts. Section 784.049(5) defines a “conviction” as any determination of guilt from a plea or trial, even if adjudication is withheld or the plea is no contest. That means a quick plea on a first case can turn the next accusation into a felony.

The law also allows a warrantless arrest on probable cause, search warrants for a home, and a separate civil lawsuit for $10,000 or actual damages, whichever is greater, plus punitive damages and attorney fees. Prosecutors must file a misdemeanor case within 5 years, or within 3 years after the person discovers the offense, whichever is later, under section 775.15. Sexual cyberharassment is not one of the offenses that require sex offender registration under section 943.0435.

What other charges come with a revenge porn accusation?

Revenge porn cases often carry a second, more serious charge. The facts around the image decide which statute the State uses, and the related charges below are all felonies or federal crimes.

The age of the person in the image changes everything. A photo of a 17-year-old is treated as child sexual abuse material, even if the two people were dating. Our firm explains how those cases are scored in our post on child pornography enhancements in Tampa. When both people are minors, Florida’s sexting statute, section 847.0141, makes a first violation a noncriminal citation.

How common are revenge porn and sextortion complaints?

Online image abuse reports are rising fast. In 2025, the FBI’s Internet Crime Complaint Center received more than 75,000 sextortion submissions, according to the FBI IC3 2025 Internet Crime Report. The same report counted 21,557 harassment and stalking complaints in 2025, up from 11,672 in 2024. Florida residents filed 71,843 internet crime complaints with the FBI in 2025, the third most of any state.

Research shows how widespread the conduct is. In a 2020 peer-reviewed study of 3,044 U.S. adults, Ruvalcaba and Eaton, Psychology of Violence, found that 8 percent (about 1 in 12) reported being victims of nonconsensual pornography and 5 percent (about 1 in 20) admitted sharing someone’s image. Most perpetrators in that study shared images of a current or former romantic partner. Because these accusations usually arise between people who once trusted each other, the evidence often turns on old messages, shared accounts, and who had access to whose phone.

How do our attorneys fight a sexual cyberharassment charge?

Our attorneys fight these charges by forcing the State to prove each element with reliable digital evidence. Most revenge porn cases rest on screenshots and an accuser’s account of who sent what. The defenses below are the ones we test first.

1. Prove who actually sent it. A screenshot shows that an image appeared on a screen; it does not prove who posted it. Shared phones, shared cloud accounts, hacked social media, and fake profiles are common. We subpoena the account records the State relies on and examine IP addresses, login history, and device data. Our post on what to do after a Google account legal request in Florida explains how those records are obtained.
2. Show consent. If the person shown agreed to the posting or sharing, there is no crime. Messages, prior posts, and the way the image was first created can all show consent.
3. Challenge the identification element. The State must prove the image, or information sent with it, identified the person. A cropped body image sent with no name, number, or distinctive feature may not meet the statute.
4. Test whether the image is “sexually explicit.” The statute borrows the definition of nudity from section 847.001. Suggestive photos, swimwear, and covered images often fall outside it.
5. Contest “willful and malicious.” The standard jury instruction for this crime leaves the meaning of “maliciously” to the trial judge, as explained below. That gives our attorneys room to argue the accused lacked the required state of mind.
6. Check the date and the statute of limitations. Conduct before October 1, 2025, must be judged under the older law, which required intent to cause substantial emotional distress.
7. Move to suppress unlawful phone searches. Phone and account searches need a valid warrant with a proper scope. A motion to suppress can remove evidence taken outside the warrant.

Does “maliciously” require proof of ill will?

The standard jury instruction leaves that choice to the trial judge. In In re Standard Jury Instructions in Criminal Cases—Report 2019-11, 290 So. 3d 864 (Fla. 2020), the Florida Supreme Court approved amendments to the jury instruction for this crime, and the instruction’s comment states that the courts had not decided whether the statute requires actual malice or legal malice. It tells trial judges to choose one.

The two definitions come from Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007), an aggravated stalking case in which a man repeatedly called a former girlfriend despite a court order. The Fourth District held that “maliciously” in the stalking statute means legal malice, which is acting “wrongfully, intentionally, without legal justification or excuse,” and distinguished actual malice, which means “ill will, hatred, spite, an evil intent.” Prosecutors will cite Seese to ask for the easier legal-malice definition. Our attorneys argue for actual malice, because a revenge porn statute that no longer requires intent to cause distress needs some meaningful intent requirement to separate a crime from a careless share.

Can you be charged in a different county than where you live?

Yes. Under section 910.15, a crime committed through the internet can be tried in any Florida county, because the law treats an internet communication as made in every county in the state.

The Sixth District applied that rule to sexual cyberharassment this year in Fuller v. State, No. 6D2025-0818 (Fla. 6th DCA July 17, 2026). A man emailed sexually explicit videos of a woman to her significant other, who received them in Orange County. The couple reported the crime in Osceola County, and an Osceola County jury convicted him. On appeal, he argued the case belonged in Orange County, where the email was received. The court affirmed, holding that because the email traveled over the internet, venue was proper in every county, including Osceola. The lesson is practical: a person living in Pasco or Pinellas County can be prosecuted in Hillsborough County if the accuser reports there, so our attorneys plan for the court and the prosecutor’s office where the case will actually be filed.

What happens after a revenge porn arrest in Hillsborough County?

An arrest leads to a first appearance before a judge within 24 hours, usually at the Orient Road Jail, where the judge sets bond and conditions of release. Officers may arrest without a warrant on probable cause for this crime. The judge will usually order no contact with the person shown in the image under section 903.047, and that order covers texts, social media, and messages sent through friends.

Hillsborough County does not have the pretrial services supervision program that some nearby counties use, so release conditions are set directly by the judge and enforced through the court. A misdemeanor case is heard in Hillsborough County Court, and a felony goes to the 13th Judicial Circuit. Our firm explains local procedure in more detail on our Hillsborough County criminal defense page.

What should you do if you are under investigation for revenge porn?

Stop all contact with the accuser and call a lawyer before you speak with a detective. Many sexual cyberharassment cases start with a detective’s phone call asking for “your side,” and the statements made in that call often supply the intent and identification evidence the State is missing.

• Do not contact the accuser. Apologies, explanations, and requests to drop the case can lead to stalking or witness tampering charges.
• Do not delete posts, accounts, or phone data. Destroying evidence after you learn of an investigation can be charged as tampering, a third-degree felony under section 918.13.
• Do not hand over your phone or passcode without a lawyer. A consent search can reach far more than the image at issue.
• Write down who had access to your devices and accounts. That list often becomes the core of an identification defense.
• Remember the civil exposure. Anything you say to police can also be used in a civil lawsuit seeking $10,000 or more.

The weeks before charges are filed are when our attorneys can do the most. Through our representation before charges are filed, we can speak with the detective, present evidence of consent or misidentification, and work to keep a case from being filed at all.

For more about our defense strategies, visit our Internet Crimes page. For related reading, see our guide to solicitation of a child using a computer in Florida.

Frequently asked questions about Florida revenge porn charges

Can revenge porn charges be dropped in Florida?

Yes. Prosecutors can drop a sexual cyberharassment charge, called a nolle prosequi, when the evidence of identification, consent, or malice is weak, or when the accuser no longer supports the case. Our attorneys at The Brancato Law Firm present that evidence to the State Attorney’s Office early, often before the first court date, through our Tampa internet crimes defense practice.

Is it a crime to show a nude photo on my phone to a friend in person?

It may not be. Section 784.049 covers posting an image to a website or disseminating it “through electronic means to another person,” so handing someone your phone raises a real question about whether the image was disseminated electronically. The Brancato Law Firm examines exactly how an image moved from one person to another, because that detail can decide whether the statute applies at all.

Is sharing an AI-generated or deepfake nude illegal in Florida?

Yes. Creating, soliciting, or maliciously promoting a realistic altered sexual image of an identifiable person without consent is a third-degree felony under section 836.13, and each act is a separate offense. Our attorneys at The Brancato Law Firm challenge whether the image is “realistic” and whether the person is actually identifiable, which are both required elements.

Do you have to register as a sex offender for sexual cyberharassment in Florida?

No. Sexual cyberharassment under section 784.049 is not on Florida’s list of registrable offenses in section 943.0435, but registration applies if the person shown was a minor and the charge is filed under section 827.071. The Brancato Law Firm reviews the age evidence in every case for that reason, since a single year can change the entire outcome.

How long does the State have to file a revenge porn charge in Florida?

The State has 5 years for a misdemeanor and 7 years for a felony, or 3 years after the person shown discovers the posting, whichever is later. Our attorneys at The Brancato Law Firm check every date in the timeline, because conduct before October 1, 2025, also falls under the older, harder-to-prove version of the law. Our pre-file advocacy work starts as soon as you learn of an investigation.

Can the person in the image sue me even if the criminal case is dropped?

Yes. Section 784.049(7) gives the person shown a separate civil claim for $10,000 or actual damages, whichever is greater, plus punitive damages and attorney fees, and a civil case does not depend on a criminal conviction. The Brancato Law Firm coordinates the criminal defense with that civil exposure so that statements made in one case do not damage the other.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

How do you get help with a sexual cyberharassment charge?

Before you answer a detective’s call or reply to the person in the photo, call The Brancato Law Firm, P.A. at (813) 727-7159. The firm was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys can step in before charges are filed, when evidence of consent or misidentification does the most good. Our office is two blocks from the courthouse, and you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Officers who misuse a license plate reader leave a record of every search, and that audit trail decides these cases on both sides. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. I also taught at the police academy and am on call for the Tampa PBA and Suncoast PBA. Today our attorneys handle license plate reader cases from both sides of the badge: people whose movements were tracked, and officers accused of tracking them.

Our earlier guide, What Are Flock Cameras and ALPRs in Tampa?, explains how the cameras work. This article covers what happens when the people with access abuse it.

What Happened in the Pinellas County Deputy Arrests?

Three former Pinellas County deputies have been arrested in about five weeks in separate cases involving personal use of law enforcement databases, Sheriff Bob Gualtieri announced. Travis Stanton and Karl Gwynne were arrested on September 30, 2026, and Ronald Scott on November 5, 2026. All three resigned before their arrests, and each is presumed innocent. The facts of the first two arrests come from the sheriff’s public account, as reported by IONTB.

The 17-year-old and the “ALPR hit” that never happened

Former Deputy Travis Stanton, 33, was a community deputy in Seminole. According to the sheriff, a 17-year-old restaurant worker told him her age and her car on July 28, 2026. Minutes later, Stanton allegedly ran her plate through the Florida Crime Information Center (FCIC) and then used other databases to identify her mother’s household and pull driver’s license photos of the girl and her twin sister. On August 19, he allegedly ran more searches from the Seminole High School parking lot, entering the reason code “verifying an identity.”

Stanton later told the girl he had received an ALPR alert showing her license was suspended for truancy. Gualtieri said no such alert existed, and that Stanton’s case did not involve misuse of the ALPR database itself. He was arrested on charges of unlawful access to a computer network under section 815.06 and official misconduct under section 838.022. Prosecutors later chose different charges. Court records show Stanton is now charged with harassment by use of personal identification information under section 817.568, charged as a third-degree felony, and stalking under section 784.048, a first-degree misdemeanor, the Tampa Bay Times reported. His arraignment is set for November 16, 2026.

381 searches of one woman across five databases

Former Deputy Karl Gwynne, 57, joined the agency in 2005. According to the sheriff, he ran 381 searches on a 35-year-old woman across five databases between January 2025 and July 2026, including 300 ALPR searches. He made 207 of them off duty. Gwynne had arrested the woman in 2010, and she had rejected his advances. He was arrested on four counts of unlawfully accessing a computer system and one count of official misconduct. On October 29, 2026, Pinellas-Pasco State Attorney Bruce Bartlett filed a no information, dropping all five charges. Bartlett wrote that current Florida statutes “do not address the wrongful conduct reported” and said his office would ask the Legislature to correct the problem next session, the Tampa Bay Times reported. Gualtieri attributed the decision to disagreements over the elements of the statute and noted that a no information does not stop prosecutors from refiling. A no information is not an acquittal, so the audit trail still matters if the state brings the case back.

Third arrest: tracking an estranged wife through Flock

Former Deputy Ronald Scott, 35, joined the agency in 2016. According to the sheriff, from February 14, 2026, until his divorce became final in June, Scott ran more than 100 unauthorized queries through the Flock license plate reader system and driver’s license records, often off duty. He searched his estranged wife, her boyfriend, the boyfriend’s wife, and his wife’s father, and entered false reasons for the searches, including claims of ongoing investigations. An agency audit uncovered them. Scott resigned on November 4, 2026, and was arrested the next morning on three counts of unlawfully accessing a computer and one count of official misconduct, the same charges prosecutors dropped against Gwynne. Bond was set at $20,000, FOX 13 and the Tampa Bay Times reported.

Gualtieri said he believes the elements are in place to justify the charges, and that historical audits of the agency’s systems, which go back to 2022, are now complete. Whether the State Attorney agrees is the open question after the Gwynne dismissal. The Scott case also shows why our attorneys request the audit log and the reason entered for each query in any case that starts with a Flock “hit.” The log shows who searched, when, and why they said they did, and the Pinellas cases show that the stated reason can be false.

What Florida Crimes Apply When an Officer Misuses a License Plate Reader?

Two felony statutes carry most Florida prosecutions, and a third law decides the officer’s pension. Our attorneys analyze all three at the outset of any officer database case.

Why “exceeds authorization” is the heart of the case

Florida courts have debated this question for 30 years. In Gallagher v. State, 618 So. 2d 757 (Fla. 4th DCA 1993), a Sunrise Police Department aide ran her boyfriend through NCIC and FCIC out of curiosity. The Fourth District affirmed her conviction without an opinion, while Chief Judge Glickstein dissented, arguing that the statute punished unauthorized access, not improper use. The current statute was written to close that gap, although the Gwynne dismissal shows that prosecutors do not all read it that way. The 2018 version reached only access “without authorization,” and the version in force after the 2019 amendment also reaches access where “the manner of use exceeds authorization.”

Even so, section 815.06(7)(b) exempts a person acting “within the scope of his or her lawful employment.” Purpose is therefore the battleground. Prosecutors prove it with case numbers, reason codes, and timing, such as Gwynne’s 207 off-duty searches. Our Tampa internet crimes attorney page explains how we defend computer crimes charges.

Why official misconduct is harder to prove

Official misconduct requires two things beyond a bad search. The state must prove the officer falsified, concealed, or altered an official record, and the statute limits “official record” to public records. The state must also prove the officer acted to obtain a “benefit,” which section 838.014 defines as any gain or advantage, including anything the person regards as one.

The benefit element is where these cases are won and lost. In Jones v. State, No. 6D2023-0311 (Fla. 6th DCA June 23, 2023), a Polk County detective falsified investigative reports for two years. The Sixth District ordered acquittal on all 18 official misconduct counts because the state never proved he falsified the reports to obtain a benefit. Trial courts in Pinellas and Hillsborough follow Jones unless the Second District rules otherwise.

The pension consequence few people discuss

A conviction for a chapter 838 felony forfeits a public employee’s retirement benefits under section 112.3173, and a no contest plea counts as a conviction. The exact count matters. In Houston v. City of Tampa Firefighters & Police Officers’ Pension Fund Board of Trustees, 303 So. 3d 233 (Fla. 2d DCA 2020), a Tampa police sergeant accused of using the DAVID driver’s license database in a tax refund scheme pleaded guilty only to receiving stolen federal property. The Second District reversed the forfeiture of her pension and ordered it restored with interest, because her plea did not establish a specified offense. For an officer, what the plea says matters as much as whether there is one.

How Common Is Flock and ALPR Misuse by Police?

Documented cases now number in the dozens. In August 2026, The Washington Post reported that at least 46 officers nationwide had been accused of using license plate cameras for unauthorized tracking, according to Al Jazeera. Our firm tracks these prosecutions because the sentences are rising.

In 2023, the Kansas lieutenant received probation. By September 30, 2026, the Texas officer was headed to prison for five years.

Who Catches Officers Who Misuse License Plate Readers?

Outsiders catch most of them. Where the public record shows how a case began, the first alarm usually came from a victim, a victim’s friend, or a reporter reading public search logs. Agencies then acted quickly. Our attorneys look first at how a case surfaced, because it shapes both the proof and the defense.

Sources: Creative Loafing Tampa, Dexerto, The Washington Post, CNN, and Tech Times.

The Washington Post put it bluntly in an August 2026 headline: “Police departments weren’t looking for officers abusing Flock. We did it for them.” Its review of search logs led to discipline in two departments.

Where the thin blue line holds, and where it breaks

Detection is the weak point. Once misuse is exposed, agencies have acted fast. Pinellas arrested its own deputies, Lufkin called in the Texas Rangers, and Haines City arrested its officer within a day of learning of the searches. In the cases reviewed here, no agency shielded an officer once the facts were public. Four gaps explain why detection lags:

1. No audit requirement. Florida’s ALPR statutes, section 316.0777 and section 316.0778, govern placement, retention, and public records. Neither requires an agency to review who searched what.
2. Empty reason codes. “Investigation” was the most common reason Wisconsin agencies entered for Flock searches in early 2025, the Wisconsin Examiner found.
3. Shared logins. Pinellas runs searches through a shared “service account” across three vendors, so its public log cannot show which deputy searched, TCPalm reported.
4. Shrinking outside visibility. Flock now redacts officer names and plates from public audit logs, which narrows the channel that has caught the most officers.

Who decides the charges

The arresting agency does not make the final charging decision in Florida. The State Attorney for the Sixth Judicial Circuit, which covers Pinellas and Pasco, decides whether and how to charge each deputy, and its first two decisions show the gap between an arrest and a prosecution: Stanton’s charges were changed, and Gwynne’s were dropped. In Hillsborough, that decision belongs to the Thirteenth Circuit State Attorney. For an accused officer, the investigation’s path shapes the defense. A shared service account forces the state to prove who ran each search, while an officer’s own admission to a supervisor, as in the Gwynne and Haines City cases, leaves far less room.

What Did Governor DeSantis Order on License Plate Readers?

Governor Ron DeSantis directed the Florida Department of Transportation to revoke permits for ALPRs on state highway rights-of-way, effective September 30, 2026. The FDOT memorandum cited reports of misuse and data privacy concerns. DeSantis said, “I don’t want to have this become a surveillance state,” Axios reported.

Section 316.0777 supplies the authority: ALPRs sit on state highway rights-of-way only at FDOT’s discretion, and must come down within 30 days of notice. The order does not reach city streets, county roads, or private property. Our attorneys tell Tampa Bay drivers the same thing: the cameras moved off state roads, and local networks remain.

Sources: Axios Tampa Bay and ABC Action News.

Where Do Florida Candidates Stand on Flock Cameras?

Neither major-party nominee for governor has promised a full ban, but both support the DeSantis order. Democrat David Jolly wants a judicial warrant before police use the data, and Republican Byron Donalds wants harsher penalties for officers who abuse it, the Tampa Bay Times reported. Donalds called for a pause on Flock contracts in July. Jolly also wants a special legislative session and a ban on use for immigration enforcement.

Locally, former Governor Charlie Crist proposes a moratorium on expanding St. Petersburg’s Flock system, while Mayor Ken Welch defends it, ahead of their November 3 runoff, per Bay News 9. Nationally, more than 150 local governments have deactivated or canceled ALPR contracts, according to the advocacy group DeFlock, and Texas Governor Greg Abbott blocked state agencies from spending on Flock’s networks, Claims Journal reported. Any rewrite the Legislature passes next session will change what ALPR evidence looks like in Tampa Bay courtrooms, and our firm will update this guide when it does.

What Is Law Enforcement’s Case for Keeping License Plate Readers?

Sheriffs and chiefs argue the cameras solve violent crimes and find missing people, and that the answer to misuse is punishment. “Don’t throw the baby out with the bathwater,” Gualtieri said on September 30, crediting the cameras with solving homicides and rapes. According to the Tampa Police Department, its ALPR system has assisted in 622 arrests, 485 vehicle recoveries, 68 firearm recoveries, and 14 missing-person cases since 2021, per Florida Politics.

The strongest evidence involves abducted children. In 2024, the National Center for Missing & Exploited Children partnered with Flock to push AMBER Alert vehicles into the camera network. In August 2026, Lake City police used Flock to find a woman’s SUV that her boyfriend allegedly drove off with while her two children were inside, WFLA reported.

Controlled research is more modest on deterrence. In a randomized experiment across 30 crime hot spots in Northern Virginia, George Mason University researchers found no statistically significant drop in crime from license plate reader patrols during a 30-day follow-up (Lum et al., Journal of Experimental Criminology, 2011), as summarized by the Justice Department’s CrimeSolutions program. That study tested patrols, not investigations. Both claims can hold: the cameras may prevent little crime, yet still find a specific car carrying a specific child. Our attorneys see the same tension in court, where an ALPR hit can be strong evidence of location and weak evidence of anything else.

Does the Fourth Amendment Limit Police Searches of Flock Data?

The law is unsettled, and 2026 moved it toward privacy. In Carpenter v. United States, 585 U.S. 296 (2018), the FBI obtained months of a robbery suspect’s cell-site location records without a warrant, and the Supreme Court held that acquiring them was a search. In Chatrie v. United States, 146 S. Ct. 2193 (2026), police used a geofence warrant to obtain Google location data near a Virginia bank robbery. By a 6-3 vote, the Court held that obtaining location history this way is a search, even for a short period. Justice Kagan wrote for five justices, and Justice Gorsuch concurred in the judgment, as the Congressional Research Service explains. Chatrie never mentions license plate readers, but it repeats Carpenter’s point that society has not expected police to “secretly monitor and catalogue every single movement of an individual’s car.”

The Tampa license plate reader ruling

In United States v. Floyd, No. 8:23-cr-00305 (M.D. Fla. Nov. 21, 2025), detectives tied a robbery suspect’s Mazda to a string of Tampa Bay store robberies through Vigilant hits and the Hillsborough County Sheriff’s Office “Eye on Crime” ALPR system. U.S. District Judge Tom Barber denied suppression, holding that the readers captured discrete snapshots on public roads and that querying the databases was not a search. Floyd predates Chatrie, so our attorneys treat the question as open again for any client whose case rests on a long trail of ALPR hits.

Elsewhere, Schmidt v. City of Norfolk, No. 2:24-cv-621 (E.D. Va. Jan. 27, 2026), upheld Norfolk, Virginia’s network of about 176 Flock cameras. The appeal, No. 26-1227, is tentatively set for Fourth Circuit argument in December 2026. Losing a motion to suppress does not end the issue. At trial, the defense can still challenge whether the camera read the plate correctly and whether the alert was current.

What Should You Do If You Think an Officer Tracked You?

Act within days, write everything down, and demand that the agency preserve its audit logs. Our attorneys take these steps for clients who believe they were tracked:

1. Document the red flags. Write down dates, places, and anything an officer knew about you without a reason to know it. In the Stanton case, the claimed “ALPR hit” was the tell.
2. Request your own ALPR data. Section 316.0777(4)(b) allows an agency to release plate data to the person the plate is registered to, unless it is active criminal intelligence or investigative information.
3. File an internal affairs complaint in writing. Ask the agency to preserve the audit log for your plate, name, and driver’s license number.
4. Ask about protective options. A stalking injunction or a referral to an outside agency, such as FDLE, may fit when the officer’s own department is slow to act.

If you are an officer under investigation

Say nothing about your searches until you have counsel. Under Fla. Stat. 112.532(1)(i), an officer has the right to counsel during an interrogation about fitness for duty. In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court held that statements compelled under threat of job loss cannot be used in a criminal prosecution. Voluntary statements, texts, and audit logs remain fair game. See our law enforcement officer representation articles.

Why Does Timing Matter in a License Plate Reader Case?

Images disappear fast. In August 2026, Flock cut its recommended default retention from 30 days to 7, and Florida caps retention under the schedule set by section 316.0778. A preservation letter sent in the first week can decide a case, whether our firm represents the person tracked or the officer accused. The same is true of messages and phone records, as we explain in our guide to social media evidence in Tampa criminal cases.

Frequently Asked Questions About Flock Camera Misuse

Is it a crime for a Florida officer to look up someone’s license plate for personal reasons?

Yes. Using a police database for a reason outside the job can violate section 815.06, which punishes access that exceeds authorization as a third-degree felony. A false reason code can add official misconduct under section 838.022. In our experience, the audit log is the most important evidence on either side.

Did the Pinellas deputy use Flock cameras to track the 17-year-old girl?

No, according to Sheriff Gualtieri. Stanton allegedly used FCIC, driver’s license, and agency records systems, then falsely told the girl he had received a license plate reader alert. The other deputy, Karl Gwynne, is accused of about 300 ALPR searches on a different woman.

Why were charges dropped against the Pinellas deputy who ran 381 license plate searches?

Pinellas-Pasco State Attorney Bruce Bartlett filed a no information on October 29, 2026, writing that current Florida statutes do not address the conduct reported against former deputy Karl Gwynne. Sheriff Gualtieri described it as a disagreement over the statute’s elements, and a no information does not prevent refiling. Our attorneys at The Brancato Law Firm follow these charging decisions closely, and an officer under investigation should consider representation before charges are filed.

Do police departments audit officers’ Flock searches?

Rarely on a routine basis, based on the public record. Florida law does not require ALPR audits, and in many documented cases a victim or reporter first exposed the misuse. Our attorneys request the full audit log in every case where license plate reader searches are at issue.

Can I find out whether police searched my license plate?

Possibly. Section 316.0777 permits an agency to disclose ALPR data about a plate registered to you, unless it is part of an active criminal investigation. Because retention is short, The Brancato Law Firm recommends a written request and a preservation demand as soon as you suspect misuse.

Are Flock cameras still operating in Tampa and Hillsborough County?

Yes. The Tampa Police Department and the Hillsborough County Sheriff’s Office removed cameras from state rights-of-way by September 30, 2026, but both still operate license plate readers on city and county roads. Pasco County is the local exception, having ended its Flock contract.

Can an officer lose a pension over a Flock misuse conviction?

Yes, if the conviction is for a “specified offense” such as official misconduct. Under section 112.3173, a conviction or no contest plea to a chapter 838 felony forfeits public retirement benefits except the officer’s contributions. Our attorneys weigh this in every plea discussion in an officer’s case.

What should I do if I am an officer accused of misusing Flock or FCIC?

Call a lawyer before you answer questions about your searches. Florida’s Law Enforcement Officers’ Bill of Rights gives you the right to counsel during an interrogation, and the criminal case often moves on a separate track from internal affairs. The Brancato Law Firm represents officers in both proceedings at (813) 727-7159.

For more about our defense strategies, visit our Tampa Internet Crimes Attorney page.

If an officer tracked you, or you are an officer facing a database misuse investigation, call the attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. ALPR images may be deleted in as little as 7 days, so contact us before the evidence is gone. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you have been arrested—or suspect you are being investigated—for human trafficking in Tampa Bay, you may feel like your life is over. The shock, shame, and fear that follow are overwhelming. But being accused is not the same as being guilty. Most trafficking prosecutions in Tampa Bay arise from online sting operations—not real trafficking rings. And many sting operations are built on tactics that can be challenged.

At The Brancato Law Firm, P.A., I have defended clients facing human trafficking charges in Tampa Bay—including a case that went to trial where my client received probation instead of the prison sentence the State demanded. For over 25 years, I have focused on sex crimes defense, including practicing in an elite sex crimes unit before founding this firm.

The Reality Behind Tampa’s “Human Trafficking” Arrests

Most trafficking arrests in Tampa Bay follow a predictable pattern:

1. A man contacts what he believes is an adult escort online
2. The photos are of adult women—often officers themselves, photographed when over 18
3. The conversation turns sexual, then a bait-and-switch occurs
4. The officer claims to have “younger girls”—typically “14 or 15”
5. Even if the target backs out or never travels, charges are filed

By the time the “minor” is introduced, many targets have been drinking, using substances, or emotionally drawn in. These are life-changing accusations based on words and digital data—not real victims.

Charges That Arise from Trafficking Stings

Prosecutors frequently stack multiple charges from a single sting operation. Conviction on any of these offenses typically requires sex offender registration.

Defense Strategies in Trafficking Sting Cases

Timing Matters: The Earlier You Act, the More Options You Have

If you contact my firm immediately after arrest—or even before charges are filed—I can sometimes intervene directly with the State Attorney’s Office to prevent charges from being filed at all. Once a formal filing occurs, your name, reputation, and freedom are at risk.

Time matters. Early action allows me to shape the narrative before prosecutors do.

Why You Need a Specialist—Not Just a Criminal Defense Attorney

Human trafficking cases demand experience, precision, and insight into how law enforcement operates online. Before founding this firm, I led an elite sex crimes unit and trained attorneys on these very tactics. That experience now drives my defense of those unfairly accused.

Where other attorneys see guilt, I see constitutional violations, forensic errors, and entrapment. My work often exposes misconduct so subtle that only a sex crimes specialist would catch it.

Discretion, Dignity, and a Way Forward

This accusation does not define who you are. People from every walk of life—business owners, veterans, teachers, students—find themselves caught in these operations. I handle every case with absolute discretion and complete confidentiality. Your story stays between you and your attorney.

My goal is simple: to ensure this moment does not define the rest of your life.

Frequently Asked Questions

Can I be charged even if no minor was involved?

Yes. Law enforcement is prohibited from using real minors, so they pretend to be one. Under Florida law, belief alone is enough for a solicitation charge. That is why I focus on exposing inducement, manipulation, and lack of intent.

What if I backed out or said I changed my mind?

If you renounced the plan before any crime occurred—and not out of fear of arrest but because you genuinely changed your mind—this can form a complete defense under Florida’s renunciation statute.

What if I never traveled to meet anyone?

You can still face solicitation charges, but lack of travel is strong evidence that no substantial step toward committing a crime occurred. I use that to argue lack of intent or completion.

What if law enforcement showed suggestive images to entice me?

That behavior may support dismissal for outrageous government conduct or bolster an entrapment defense. Florida courts have repeatedly condemned tactics that manufacture criminal behavior rather than detect it.

What if I was not serious—I just wanted to learn more or report it?

Intent is key. If you were curious, conflicted, or planning to report it, that must be proven through messages, timing, and tone. I use those details to dismantle the prosecution’s theory.

Facing Human Trafficking Charges in Tampa?

If you have been arrested or believe you are being investigated for human trafficking in Tampa, Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm, P.A. now. All trafficking charges are handled directly by me—not passed to associates.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Related Articles:

• Tampa Sex Crimes Attorney
• Travelling to Meet a Minor in Tampa
• Solicitation of a Child Using a Computer
• Attorney for Vigilante Predator Catchers in Tampa
• Messaged a Minor Online? What to Do Next
• Caught in a Tampa Sex Sting? We Can Help
• Tampa Escorts and Prostitution Stings
• Tampa Entrapment Defense

If law enforcement arrested you—or you believe you are under investigation—for traveling to meet a minor in Tampa, you need to act immediately. These cases typically begin with undercover sting operations where officers pose as minors online. Even before the State Attorney files charges, the damage to your future may already be underway. At The Brancato Law Firm, P.A., we act quickly to protect your rights and your freedom.

I have over 25 years of criminal defense experience and led an elite sex crimes unit before founding this firm. I understand how law enforcement builds these cases—and how to challenge them.

Elements the State Must Prove

To convict you of traveling to meet a minor under F.S. 847.0135(4), the prosecution must prove each element beyond a reasonable doubt:

The law explicitly states that the involvement of an undercover officer posing as a minor is not a defense. However, each element creates an opportunity to challenge the State’s case.

Penalties for Traveling to Meet a Minor

Florida prosecutors treat these cases with zero tolerance. You need a defense attorney who can expose the weaknesses in their evidence.

How These Cases Arise: The Bait-and-Switch Pattern

Most traveling to meet a minor arrests in Tampa Bay follow a predictable pattern:

1. Law enforcement posts what appears to be a legitimate adult advertisement on an escort or dating website
2. The listing features an adult profile—sometimes using real photos of adults, or old photos of the undercover officer
3. You begin a conversation genuinely believing you are speaking with an adult
4. Partway through the conversation, the “adult” introduces the idea of a minor—typically “14 or 15”
5. The conversation continues under law enforcement control and recording
6. Arrest occurs when you travel toward the meeting location

This shift from adult to minor is not accidental—it is a tactic designed to create the appearance of a crime that did not exist when the communication began.

Defense Strategies

Frequently Asked Questions

Can I be charged if I was talking to an undercover officer, not a real minor?

Yes. Florida law explicitly allows prosecution when the “minor” is actually an undercover officer. The key question is whether you believed you were communicating with a minor. However, I can challenge your intent and raise entrapment defenses when police tactics cross the line.

What if the conversation started with someone I thought was an adult?

This is the bait-and-switch pattern common in Tampa Bay stings. The fact that you initially believed you were speaking with an adult is central to an entrapment defense. I analyze when and how the “minor” was introduced to determine if law enforcement manufactured the crime.

What if I changed my mind and did not complete the meeting?

If you genuinely renounced the plan before any crime occurred—not out of fear of arrest but because you changed your mind—this can be a complete defense under Florida’s renunciation statute. Additionally, lack of completion may support a lack-of-intent argument.

What counts as “traveling” under the statute?

Any movement toward the meeting location can satisfy this element—driving, walking, or taking transportation. You do not need to arrive. However, the State must prove you were actually traveling to the meeting, not simply traveling in that general direction for other reasons.

Is entrapment a valid defense in these cases?

Yes. Entrapment applies when police induce you to commit a crime you were not predisposed to commit. The bait-and-switch pattern—starting as an adult conversation and shifting to a minor—is particularly susceptible to this defense. See my Tampa Entrapment Defense page for more information.

Facing Traveling to Meet a Minor Charges in Tampa?

If you are facing accusations or believe a sting operation targeted you in Tampa, Hillsborough, Pinellas, or Pasco County, call The Brancato Law Firm immediately. I personally handle every sex crimes case—your defense is never outsourced.

Call (813) 727-7159 for a Confidential Consultation

Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Related Articles:

• Tampa Sex Crimes Attorney
• Solicitation of a Child Using a Computer
• Human Trafficking Attorney in Tampa
• Attorney for Vigilante Predator Catchers in Tampa
• Messaged a Minor Online? What to Do Next
• Caught in a Tampa Sex Sting? We Can Help
• Tampa Escorts and Prostitution Stings
• Tampa Entrapment Defense