If you were arrested after days of messages with someone who turned out to be an undercover deputy, the first thing our attorneys look at is who pushed the conversation toward a crime. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor who taught officers how investigations are supposed to be run. I have tried more than 150 jury trials to verdict, and our attorneys use that experience to take sting operations apart message by message, from the first contact to the arrest.

What is entrapment under Florida law?

Entrapment happens when a law enforcement officer, or someone working with or for one, induces or encourages a person to commit 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.” That is the definition in section 777.201, Florida Statutes. The statute covers informants and civilians acting as police agents, not only sworn officers.

Under the same statute, a person “shall be acquitted” if he or she proves by a preponderance of the evidence that the criminal conduct occurred as a result of an entrapment. Preponderance means more likely than not, a lower bar than the State’s burden of proof beyond a reasonable doubt. The statute also says the issue “shall be tried by the trier of fact,” which is usually the jury. At The Brancato Law Firm, we treat entrapment as a defense to build from the first day, because the evidence that proves it, the messages and the officer’s choices, is fixed the moment the investigation ends.

What are the two kinds of entrapment in Florida?

Florida recognizes two separate entrapment defenses: subjective entrapment, which is the statutory defense, and objective entrapment, which comes from the due process clause of the Florida Constitution. The first asks about the defendant; the second asks only about the police. Our attorneys raise both whenever the facts support them, because they fail and succeed for different reasons.

How does a Florida court decide subjective entrapment?

A Florida court decides subjective entrapment by asking three questions, set out by the Florida Supreme Court in Munoz v. State, 629 So. 2d 90 (Fla. 1993). In Munoz, the Court read section 777.201 as adopting the subjective test and set the order of proof that Florida trial judges still follow today.

1. Inducement. Did a government agent induce the accused to commit the charged crime? The defense must prove this by a preponderance of the evidence.
2. Predisposition. If there was inducement, was the accused already “awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense”? Once the defense produces evidence of no predisposition, the burden shifts to the State to rebut it beyond a reasonable doubt.
3. Judge or jury. If the facts are undisputed, inducement is shown, and the State lacks enough evidence of predisposition formed before and independent of the police conduct, the judge must rule for the defense as a matter of law. If the facts are disputed, or reasonable people could draw different conclusions, the jury decides.

The third question is where many sting cases are won or lost. When every message is preserved and the record shows the officer doing the persuading, our attorneys at The Brancato Law Firm ask the judge to decide entrapment before a jury is ever picked.

What counts as police inducement?

Police inducement means persuasion that goes beyond offering a chance to commit a crime: repeated pleading, pressure on a reluctant person, appeals to sympathy or friendship, promises of reward, or taking the lead in introducing the illegal idea. Florida courts draw a firm line between inducement and opportunity. In the words the Second District repeated in 2023, “creating nothing more than an opportunity to commit a crime is not prohibited.”

These are the patterns our attorneys look for when we read a chat log or listen to an informant’s recorded calls. A single message where the person backs away can matter more than fifty messages of small talk. When an informant is involved, we also look at what the informant was promised, which our post on whether the State has to reveal a confidential informant explains in more detail.

How do prosecutors try to prove predisposition?

Prosecutors try to prove predisposition with evidence that the accused was ready to commit the crime before police ever got involved, such as prior similar conduct, earlier messages, or eagerness at the first opportunity. Under Munoz, the State may make “an appropriate and searching inquiry” into the accused’s conduct and may even use prior criminal history that would normally be kept from a jury. But that evidence counts only to the extent it shows predisposition “both prior to and independent of the government acts.”

That limit matters. Statements a person makes after an officer spent days wearing down his resistance are weak proof of what he was inclined to do before the officer appeared. Munoz also said a judge may rule entrapment as a matter of law even when the State presents prior convictions. Our attorneys at The Brancato Law Firm separate the record into what the client said before inducement and what he said after it, and we build the predisposition argument around that timeline.

When does police misconduct violate due process?

Police misconduct violates due process, and bars the prosecution entirely, when law enforcement’s methods are so outrageous that a court will not let the case go forward regardless of the defendant’s predisposition. Munoz held that section 777.201 replaced the older objective test, but it preserved this due process defense for “egregious law enforcement conduct.” Two Florida Supreme Court decisions show what that looks like.

In State v. Glosson, 462 So. 2d 1082 (Fla. 1985), an informant was promised 10 percent of the civil forfeitures from the cases he developed, and he had to testify and cooperate in the prosecutions to get paid. The Court held that a trial court may dismiss charges on due process grounds when an informant stands to gain a contingent fee conditioned on testimony that is critical to the prosecution.

In State v. Williams, 623 So. 2d 462 (Fla. 1993), the Broward County Sheriff’s Office turned seized powder cocaine into crack cocaine for reverse-sting operations, and some of it was lost into the community. The Court held that illegally manufacturing crack for a reverse sting within 1,000 feet of a school violated due process and reversed the conviction. Cases like these are rare, and our attorneys raise objective entrapment only when the record supports it, because judges take the claim seriously only when it is precise.

How does entrapment work in online sting cases?

Online sting cases are where Florida’s entrapment law is most often tested, because the entire conversation between the officer and the accused is usually preserved word for word. Charges in these cases typically include using a computer to solicit a minor and traveling to meet a minor under section 847.0135, Florida Statutes; the traveling charge is a second-degree felony. The statute applies even when the “child” is an adult officer, because it covers a person “believed by the person to be a child.”

The volume of these cases is large. In 2025, Internet Crimes Against Children task forces conducted nearly 347,000 investigations and arrested more than 17,000 people nationw

Entrapment is a common response to these charges, and research shows it rarely wins by itself. A national study published in 2005 in Sexual Abuse: A Journal of Research and Treatment, based on 2000 to 2001 case data, found that entrapment or police conduct was raised in 44 percent of undercover “proactive” cases, compared with 4 percent of cases involving real child victims. The same study found that 4 percent of offenders arrested in undercover cases had prior arrests for sexual offenses against minors, compared with 11 percent in real-victim cases, and the authors described the entrapment defenses they saw as common but not successful (Mitchell, Wolak, and Finkelhor, Crimes Against Children Research Center). That gap in prior records is why predisposition, not the raw fact of the sting, is usually the fight.

How DeMare v. State drew the line on adult-profile stings

In DeMare v. State, 298 So. 3d 1269 (Fla. 2d DCA 2020), a detective created a profile of an 18-year-old woman named “Amber” in the adult section of a dating site. Jason DeMare answered that adult profile. After four days of flirting as an adult, “Amber” said she was 14. DeMare immediately tried to end it and said sex would be illegal. The detective kept pressing: she said she liked older men, said her parents were out of town, accused him of being scared, and coaxed him for details. He had no record of offenses against minors.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, held that DeMare was entrapped as a matter of law, reversed his conviction for traveling to meet a minor, and ordered him discharged. The lesson is that an adult-profile start, a late age reveal, a clear refusal, and persistent police pressure can add up to entrapment that a judge must recognize without sending the case to a jury.

The same court has also shown the limits. In State v. Panebianco, 370 So. 3d 345 (Fla. 2d DCA 2023), a Sarasota County judge dismissed charges against a man who answered a 19-year-old’s profile but was told early and repeatedly that she was 14. The Second District reversed. It agreed he had shown a lack of predisposition, since he had no record of offenses against minors, but held that his own sexual messages created a question of predisposition for a jury, and that the operation was not outrageous enough to be objective entrapment. Our attorneys read every message with these two cases side by side. For more on the charges themselves, see our guides to solicitation of a child using a computer, what happens after a Tampa sex sting arrest, and what to do if you messaged a minor online.

Can entrapment get charges dismissed before trial?

Yes. Entrapment can end a case before trial through a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which allows dismissal when “there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt.” The State can defeat that motion by showing a real factual dispute, and on the motion the judge reads the evidence in the light most favorable to the State.

In Hillsborough County, in our firm’s experience, prosecutors contest nearly every entrapment motion in a sting case, and the decision to file one can change the plea discussions already underway. That makes timing a strategic call, not a formality. Losing the motion also does not end the defense. Because the statute sends entrapment to the trier of fact, the same evidence can be argued to a jury at trial, and jurors may weigh the officer’s persistence differently than a judge reading a cold transcript. Our Hillsborough County criminal defense team plans for both stages from the start.

What should you do if you think police entrapped you?

If you think police entrapped you, stop all contact, say nothing to investigators, and get a defense attorney before the case is charged or before your first court date. The steps below protect the evidence that an entrapment defense depends on.

1. Do not answer more messages from the account, and do not try to explain yourself to it.
2. Do not delete anything. Deleting messages can look like consciousness of guilt and can lead to a separate tampering charge; the full thread is often your best evidence.
3. Write down, privately and for your lawyer only, how the contact started and when the other person first raised anything illegal.
4. Decline any interview. Politely say you want a lawyer, then stop talking.
5. Call a defense attorney right away. If you believe you are under investigation but have not been charged, our representation before charges are filed can sometimes shape what the prosecutor decides.

Frequently asked questions about the entrapment defense in Florida

Is it entrapment if the officer pretended to be an adult first?

It can be. In DeMare, the Second District found entrapment as a matter of law where the officer posed as an 18-year-old, revealed a younger age days later, and kept pushing after the man refused. The Brancato Law Firm compares the timing of the age reveal and the officer’s pressure in every sting case we take, as our guide to vigilante predator catchers also discusses for civilian stings.

Who has the burden of proof for entrapment in Florida?

The defense must first prove inducement by a preponderance of the evidence, and must offer some evidence of lack of predisposition. The burden then shifts to the State to prove predisposition beyond a reasonable doubt under Munoz and section 777.201. Our attorneys at The Brancato Law Firm gather the background evidence, such as a clean record and the client’s history, that triggers that shift.

Does a prior criminal record defeat an entrapment defense?

Not automatically. Prosecutors may use prior conduct to argue predisposition, but Munoz said a judge may still find entrapment as a matter of law even when the State presents prior convictions, and the evidence must show predisposition formed before and independent of the police conduct. At The Brancato Law Firm, we look at whether a prior record has anything to do with the crime the officer was pushing.

Can entrapment charges be dropped in Florida?

Yes. Prosecutors can drop charges when the evidence of inducement is strong, and a judge can dismiss them on a successful motion. Our Tampa internet crimes defense attorneys present the inducement record to the prosecutor early when that gives the client the best chance at a dismissal or a reduced charge.

Is it entrapment if police only gave me the chance to commit a crime?

No. Florida courts hold that creating an opportunity to commit a crime is not entrapment; there must be persuasion or pressure that overcame a person who was not ready to commit it. The Brancato Law Firm looks for the moment the conversation turned and who turned it, because that is usually where the defense lives.

Can I raise entrapment if I have not been charged yet?

Entrapment is a defense raised in court, but the groundwork starts during the investigation, when the messages can be preserved and the prosecutor has not committed to a charge. Our attorneys at The Brancato Law Firm offer pre-file advocacy for people who believe a chat or a meeting is under investigation.

For how this fits into the rest of a case, see our overview of how a Florida criminal case moves from investigation to appeal.

Talk to a Tampa defense attorney about entrapment

The window to preserve a sting case’s best evidence closes quickly, often within days of the arrest. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour, and our attorneys will review how the contact started, who raised the crime, and whether an entrapment motion fits your case. Our office is two blocks from the courthouse, and we defend clients in Hillsborough, Pinellas, and Pasco Counties. 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 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.

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.

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.

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