What is Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority in Florida?

The word rape inside a pair of handcuffs to represent solicitation of a child.

The crime of Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority is a Third Degree Felony that is punishable by the 5 years in prison and a $5,000.

This crime occurs when a:

  1. Person solicited victim to engage in sexual battery.  
  2. At the time of offense, victim was less than 18 years of age.
  3. At the time of offense, person was in a position of a familial or custodial authority to victim.

“Sexual Battery” means the sexual organ of the person or victim penetrated or had union with the anus, vagina, or mouth of the victim or person. Also, when the anus, vagina, or mouth of victim or person was penetrated by an object.

Some of the defenses to Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority are:

  • Person did not solicit victim to engage in sexual act.  
  • Victim was not under 18.  
  • There was no position of familial or custodial authority.

References:

Horne v. State:   On if § 794.011(8)(a) is less included offense of § 794.011(8)(b).

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Solicitation of Child under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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