If you are convicted of Internet solicitation in Florida, you may be sentenced to prison. However, under certain circumstances, a defendant in a Miami sex crime case may be sentenced to sex offender probation. There are specific rules that must be followed when the court imposes a sentence in connection with sex offender probation. In a recent Florida case, the court considered whether the lower court must orally pronounce every term of sex offender probation set forth under Florida Statute section 948.30 in situations in which there isn’t a conviction of an offense specified under the statute. The defendant had been charged under Florida Statute section 847.0135(3) with two counts of lewd computer solicitation of a child. He was also charged with traveling to meet a minor for illegal sexual activity.
He pled no contest and asked the court to depart downward when sentencing. Specifically, he hoped not to be sentenced to prison. Instead, he hoped to be put on sex offender probation with house arrest.
The lower court denied the motion and sentenced him to 48 months’ incarceration, after which he’d need to serve sex offender probation for the first count for a year. He also had to serve sex offender probation for 15 years that would run back to back, rather than concurrently, with the first count.