Can you get arrested for simply chatting online?

Aiken and O’Halloran
Florida Sex Sting Lawyers
Sarasota 941 366- 3506
Ft Myers 239 334 8890
Charlotte Co 941 639 6009
All Counties 941 366 3506

The answer to that is yes! Law enforcement is getting more aggressive and now arresting more and more men for simply chatting or texting with undercover detectives in the Internet sex stings.

In the past, the police were only arresting men they could tempt into traveling to meet a minor for sex. In the past year, fewer and fewer men have fallen for the bait and switch, and fewer men have actually gotten in their car and driven to the take down houses and other locations to get arrested. With the falling number of arrests, now the various Sheriff’s departments are actually arresting men for simply chatting with fictitious underage girls or boys. You can actually get arrested for fantasy chat in situations where nothing is real. You can be arrested and prosecuted for simply talking about sex with a minor, much less actually doing it. We now have “thought police” that will arrest you for talking dirty on the Internet. Is local law enforcement that desperate to get the Federal ICAC grant money?

About: Attorney Peter D. Aiken

The best way to not get arrested is to not commit a crime.

If you are in an adult dating site, or using an adult dating application on your smart phone, and the other party at any time even remotely suggests they are underage, terminate the conversation and flag the posting. If it was a real minor, you have done the right thing in keeping a minor off the Internet. Most of the time, the police are trolling in adult sites at first pretending to be an adult. If in any conversation you see or hear “sorry, I lied, I’m really only 14” or “I am too young to drive” or “I am in middle school”, immediately stop communicating and flag the posting. Once again, if it was a real minor, you have done the right thing. One of the common law enforcement ploys is the one where they pretend to be a single mom, looking for someone to teach their daughter. No mother in her right mind would ever post anything like that. Never, no never, communicate with anyone pretending to be a mother or father. These posts are simply not real and you can get arrested for simply chatting about sex with a minor.

Don’t even think about it!

The police are getting more and more desperate to keep the arrest statistics up and getting more and more aggressive in the chats. There are no 14 or 15 year old girls who want some older guy to teach them about sex. Don’t fool yourself….it is never real. Don’t even think about it, much less talk about it. You will not end up in fantasy jail, you will end up in a real one. The other poly is for undercover chatters to ask for a “pic” hoping you will send a “dick pic”. Sending this type of ”pic” to detective pretending to be a minor is a crime. I have seen cases where the “pic” is sent before age is mentioned and then the detectives lie and say they are 14 or 15 and try and get the person to send it again. Never send any inappropriate “Pic” to a minor.

It seems to me that we have enough real crime and police resources could be better spent arresting people for real crime, not creating crimes with entrapment techniques. The police will not stop the sex stings until the sex stings stop working. It looks like that will never happen.

I have handled dozens of these cases all over Florida and some are defensible. Before you plea your case with a public defender, and end up being a registered sex offender, you might want to consider private representation.

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