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  1. #1
    Join Date
    Feb 2011
    Posts
    9

    Default Sex Predator Sting

    My question involves criminal law for the state of: florida


    my brother got arrested in a predator sting

    i was wondering if he is under entrapment because he never got out of his car to meet anyone. also the chat room says you have to be over 18 years old to chat.

    anyone have any legal knowledge on this? my brother is only 20 and they are trying to make him a sex offender plus max of 80 months or something like that. he never told the girl he was gonna have sex but he might of said some sexual things from what he told me.

    anybody help me out? my brother is a good man, takes care of our mom and his daughter (which i take care of now) and pays taxes... any input would help

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sex Predator Sting Question

    was he on "To Catch a Predator"?

    what specifically is he charged with. Code (statute) numbers can help a lot.

    but as a general answer; nothing you have argued is a defense for many possible charges. There is no difference between driving to meet the person and getting out and driving to meet the person and not getting out. The crime charged has already been committed. Getting out just makes it that much easier to catch the guy.

    Depending what he said or especially if he sent pictures, there is a possibility of several crimes. Without knowing what was said and what crime is charged, there is no way to determine if the charges are proper.

    the "must be 18 to post"; that doesn't mean an underage person cannot be there. It just means they will get booted if the site administrator catches them.

  3. #3
    Join Date
    Feb 2011
    Posts
    9

    Default Re: Sex Predator Sting Question

    Quote Quoting jk
    View Post
    was he on "To Catch a Predator"?

    what specifically is he charged with. Code (statute) numbers can help a lot.

    but as a general answer; nothing you have argued is a defense for many possible charges. There is no difference between driving to meet the person and getting out and driving to meet the person and not getting out. The crime charged has already been committed. Getting out just makes it that much easier to catch the guy.

    Depending what he said or especially if he sent pictures, there is a possibility of several crimes. Without knowing what was said and what crime is charged, there is no way to determine if the charges are proper.

    the "must be 18 to post"; that doesn't mean an underage person cannot be there. It just means they will get booted if the site administrator catches them.
    no he wasn't on "catch a predator"

    he didnt send any nude pictures or say anything rated R from what he told me.

    hes being charged with Lewd Or Lascivious Conduct (by Person>17), Solicitation Of A Minor Via Computer,
    Obscene Communication-Travel To Meet After Use Com

    he has no priors either hes never been arrested at all. is he gonna goto prison? im really worried about my brother, thank you for the reply, godbless you jk

  4. #4
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    Jan 2006
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    38,867

    Default Re: Sex Predator Sting Question

    how old was the child?

  5. #5
    Join Date
    Feb 2011
    Posts
    9

    Default Re: Sex Predator Sting Question

    Quote Quoting jk
    View Post
    how old was the child?
    he told me the undercover cop said they where 14... i really want to beat some sense into him but its my little brother ya know, and he had a near death experience last year saving his daughters mom and his daughters mom left him a few months ago before all this happened for some guy. i feel like im watching a bad movie

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sex Predator Sting Question

    (3) Certain uses of computer services prohibited.--Any
    person who knowingly utilizes a computer on-line service,
    Internet service, or local bulletin board service 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 commit any illegal act described in chapter
    794, relating to sexual battery; chapter 800, relating to
    lewdness and indecent exposure; or chapter 827, relating to
    child abuse, commits a felony of the third degree, punishable
    as provided in s. 775.082, s. 775.083, or s. 775.084.
    Oh, that's some very serious stuff. That one charge is a 2nd degree felony. That's up to 15 years in prison and up to a $10k fine.

    the lewd and lascivious conduct is the same I believe and the last one is either a 2nd or 3rd degree felony.

    That is some serious stuff.


    Of course he has a lawyer, right? I have to presume his current plea offer is a result of actions by his lawyer, correct?

    Not sure what you are looking for. If the facts of the case meet the elements of the charges, not a lot I can suggest. Presumably his lawyer has reviewed the charges and the evidence and determined the charges are supported by the evidence.

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