Tampa Criminal Lawyer Blog
Facing federal charges for sex trafficking or the enticement of minors is one of the most serious legal challenges a defendant can encounter. In order to obtain convictions for such crimes, the government must prove each element of the charged offense. If it fails to do so, there may be grounds for challenging a conviction, but as demonstrated in a recent Florida opinion, establishing that a conviction should be overturned can be difficult. If you are accused of a sex crime, it is essential to speak to a Tampa sex crime defense attorney about what you can do to protect your rights and future.
Case Background
It is reported that in early 2022, federal agents posted fake advertisements on a website known for sex trafficking. The defendant allegedly responded to one of these ads, seeking what he described as a “unique experience” with young girls. Over a series of text messages and calls, federal agents posing as traffickers informed the defendant that the two girls available were fifteen and thirteen years old. The defendant reportedly did not object to their ages and instead negotiated additional “services” for which he agreed to pay more money.
It is alleged that the defendant ultimately agreed to pay $550 in exchange for access to the minors and the extra services. He purportedly withdrew the cash from a bank and traveled to a hotel in Florida, where he met with an undercover agent. During this meeting, the defendant was again told that the girls were minors, but he nonetheless exchanged money for a room key. Federal agents arrested him in the hotel parking lot shortly thereafter. A grand jury indicted him on two counts of attempted sex trafficking of a minor and one count of attempted coercion and enticement of a minor to engage in sexual activity.
It is alleged that at trial, the defendant presented a defense that his actions were not truly aimed at purchasing sex but were instead inspired by a movie plot in which he intended to “save” the girls from exploitation. The jury rejected this argument, and the defendant was convicted on all counts. He then moved for a judgment of acquittal, which the district court denied. Following his conviction, the defendant renewed his motion, which was again denied, prompting his appeal.
Challenges to Sex Crime Convictions
On appeal, the defendant argued that his conduct did not satisfy the interstate commerce requirement under the child sex trafficking statute. The court noted that this statutory requirement is not jurisdictional but instead defines the scope of prohibited conduct. Because the defendant failed to raise the issue in the district court, the court reviewed it for plain error. The court concluded that using the internet, cell phones, and banking systems, all instrumentalities of interstate commerce, was sufficient to satisfy the statutory requirement, even though the conduct itself occurred wholly within Florida.
The defendant also challenged the trial court’s jury instructions, contending that they improperly equated the use of interstate facilities with automatic satisfaction of the statutory commerce element. The court disagreed, holding that the instruction was proper because a defendant need not know that his conduct involved interstate commerce when he makes use of such facilities. The court emphasized that intrastate crimes can still be prosecuted federally when facilitated through channels or instrumentalities of interstate commerce.
Meet with a Tampa Sex Crime Defense Attorney
Federal sex trafficking prosecutions carry some of the harshest penalties under federal law and frequently involve complex statutory interpretation and evidentiary issues. If you are charged with a federal sex crime, the experienced Tampa criminal defense attorneys at Hanlon Law can provide the skilled and aggressive representation you need. Call our Tampa office today at 813-228-7095 or complete our online contact form to schedule a confidential consultation.