State v. Wilson
128 So. 3d 946
Fla. Dist. Ct. App.2013Background
- Wilson used online ads to contact a detective posing as the aunt of a purported 13-year-old girl and engaged in email/text exchanges.
- The exchanges led to Wilson traveling to a location to meet the child for sex, based on an arrangement arising from electronic communications.
- The trial court dismissed the charges, holding that solicitation required direct communication with the child, not through an intermediary.
- The State appealed, contending that the statutes criminalize attempting to solicit a child via an intermediary as well as direct solicitation.
- The appellate court held that the statutes criminalize both solicitation and attempted solicitation, including when the solicitation is through an intermediary.
- The matter was remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does an intermediary's solicitation constitute attempted solicitation? | Wilson argued the statute requires direct solicitation of the child. | Wilson contends the intermediary-based attempt falls under the statute as an attempted solicitation. | Yes; statute covers intermediary-based attempts. |
| Does traveling to meet after an electronic solicitation constitute a crime? | State asserts traveling to meet after solicitation or attempted solicitation is criminalized. | Wilson contends the record is insufficient for an attempted solicitation via intermediary. | Yes; traveling to meet after solicitation or attempted solicitation is criminalized. |
Key Cases Cited
- Morehead v. State, 556 So.2d 523 (Fla. 5th DCA 1990) (attempt involves failure to accomplish the intent)
- United States v. Lee, 603 F.3d 904 (11th Cir. 2010) (interpreting 'attempt' in federal statute)
- United States v. Nestor, 574 F.3d 159 (3d Cir. 2009) (interpretation of attempted solicitation)
- United States v. Homaday, 392 F.3d 1306 (11th Cir. 2004) (statutory interpretation of attempt)
- United States v. Murrell, 368 F.3d 1283 (11th Cir. 2004) (analysis of solicitation/attempt provisions)
- People v. Douglas, 296 P.3d 234 (Colo. App. 2012) (similar interpretation of solicitation statute)
- State v. Gonzalez, 121 So.3d 625 (Fla. 4th DCA 2013) (prosecution may charge under more specific or general statutes)