The 2023 Florida Statutes (including Special Session C)
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. . . We twice earlier affirmed Appellant's separate convictions for solicitation (in violation of section 847.0135 . . . )(a), Florida Statutes ), and traveling to meet a minor after solicitation (in violation of section 847.0135 . . .
. . . facilitate or solicit a parent to consent to the sexual conduct of a child, in violation of section 847.0135 . . . traveling to meet a minor to engage in sexual conduct with consent by a parent, in violation of section 847.0135 . . .
. . . traveling to meet a minor to do unlawful acts after using a computer online service, contrary to section 847.0135 . . . unlawful use of computer services to solicit a child to engage in sexual conduct, contrary to section 847.0135 . . .
. . . Florida Statutes (2017), and using a computer to seduce, solicit, lure, or entice a child under section 847.0135 . . . communications device under section 934.215 is subsumed within a charge of solicitation under section 847.0135 . . .
. . . William Baker appeals his convictions after a jury found him guilty of violating sections 847.0135(3) . . . Ultimately, by a Second Amended Information, the State charged Baker with violating section 847.0135( . . . 4)(b), the travel after solicitation charge, a second degree felony; and section 847.0135(3)(b), the . . . Count 1 of the Second Amended Information, citing section 847.0135(4)(b) (the travel after solicitation . . . Count 2 of the Second Amended Information, citing section 847.0135(3)(b) (the solicitation offense), . . .
. . . Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation of s. 827.071, s. 847.0135, s . . .
. . . Computer pornography under s. 847.0135(2) or (3), [or] transmission of child pornography under s. 847.0137 . . .
. . . . § 847.0135(3)(a), Fla. Stat. (2013). . . . , or to otherwise engage in other unlawful sexual conduct with a child; ... commits a felony .... § 847.0135 . . . State , 214 So.3d 578, 580 n.2 (Fla. 2017). § 847.0135(4)(a), Fla. Stat. (2013). § 934.215, Fla. . . . . § 847.0135(3)(a), Fla. Stat. (2013). . . . Shelley involved violations of section 847.0135(3)(b) and (4)(b), Florida Statutes (2011), which criminalize . . .
. . . amended in 2015 [163 So.3d 478], and 2018. 11.10(f) LEWD OR LASCIVIOUS EXHIBITION OVER COMPUTER SERVICE § 847.0135 . . . Offenses LEWD OR LASCIVIOUS EXHIBITION OVER COMPUTER SERVICE, DEFENDANT 18 YEARS OF AGE OR OLDER - 847.0135 . . . Lewd or Lascivious 847.0135(5)(c) 11.10(f) Exhibition over Computer Service, Defendant less than 18 years . . .
. . . committed a sexual battery under chapter 794, Florida Statutes, or a lewd act under section 800.04 or 847.0135 . . . section 794.011(10); e. section 800.04, Florida Statutes, (lewd or lascivious offenses); or f. section 847.0135 . . .
. . . to (1) use of a computer to solicit a parent to commit sex acts on a child, a violation of section 847.0135 . . . (3)(b), Florida Statutes (2011), and (2) traveling to meet a minor, a violation of section 847.0135(4 . . .
. . . traveling to seduce/solicit/entice a child to commit a sex act (count two), in violation of section 847.0135 . . .
. . . solicit a person believed to be a child to engage in unlawful sexual conduct in violation of section 847.0135 . . . of engaging in unlawful sexual conduct with a person believed to be a child in violation of section 847.0135 . . . Hernandez's conviction and sentence for the lesser-included offense of solicitation as prohibited by section 847.0135 . . .
. . . . § 847.0135(3), Fla. Stat. (2016). . . .
. . . Stat. (2008, 2009, and 2010); §§ 827.071(5)(a), 847.0135(3), Fla. Stat. (2011). . . .
. . . instead, was charged with two offenses: (Count I) lewd computer solicitation of a child under section 847.0135 . . . Statutes (2010), and (Count II) traveling to meet a minor for unlawful sexual activity under section 847.0135 . . . Indeed, none of the conditions in section 948.30 apply to violations of section 847.0135(3) and (4). . . . For example, Levandoski was convicted under section 847.0135, subsections (3) and (4), which punish conduct . . . (3)(b) and traveling to meet a minor after solicitation pursuant to section 847.0135(4)(b) if the charges . . . arrested and charged with two offenses: (Count I) lewd computer solicitation of a child under section 847.0135 . . . Statutes (2010), and (Count II) traveling to meet a minor for unlawful sexual activity under section 847.0135 . . . Corrections was supervising Levandoski "as if he had been put on sex offender probation for [ section] 847.0135 . . . (5), even though he was convicted of violations of section 847.0135(3) and (4). . . . enumerated sex offenses: those convicted of a violation of chapter 794, or sections 800.04, 827.071, 847.0135 . . .
. . . Officers arrested Dygart, and the State charged him with two crimes: one violation of section 847.0135 . . . (3) and 847.0135(4), Florida Statutes (2011), do not violate double jeopardy." . . . Cf. § 847.0135(3), Fla. . . . See § 847.0135(4)(a), Fla. . . . (3)(a) and to satisfy the solicitation element under section 847.0135(4)(a).") . . .
. . . meet his burden of showing that his separate convictions for solicitation (in violation of section 847.0135 . . . (3)(a), Florida Statutes ) and traveling after solicitation (in violation of section 847.0135(4)(a) ) . . . charged with a single count of unlawful use of solicitation via computer service in violation of section 847.0135 . . . Statutes, and a single count of traveling after solicitation to meet a minor in violation of section 847.0135 . . . custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child[.]" § 847.0135 . . .
. . . appeals his convictions after a jury trial for traveling to meet a minor after use of a computer, see § 847.0135 . . . device under section 934.215 is subsumed within the offense of traveling to meet a minor under section 847.0135 . . . the jury found Kania guilty of the additional offense of use of a computer to solicit a child, see § 847.0135 . . .
. . . sentences for (1) use of a computer to solicit a child for unlawful sexual activity in violation of section 847.0135 . . . traveling to meet a child for the purpose of engaging in unlawful sexual activity in violation of section 847.0135 . . .
. . . Soliman to concurrent terms of three years' imprisonment for traveling to meet a minor (count one), see § 847.0135 . . .
. . . counts of using a computer to commit lewd or lascivious exhibition, a second-degree felony under section 847.0135 . . . Because we agree with Furlow that the State failed to prove a violation of section 847.0135(5), we reverse . . . Although not controlling, a review of the legislative history behind section 847.0135(5)(a) is helpful . . . The plain language of section 847.0135(5)(a) requires that the lewd or lascivious exhibition occur "live . . . As such, the State failed to prove that the exhibition was live within the meaning of section 847.0135 . . .
. . . sentences, entered after no contest pleas, for: (1) traveling to meet a minor in violation of section 847.0135 . . .
. . . Pinnock was serving five years' probation for use of a computer to seduce a minor, see § 847.0135(3), . . .
. . . Following a jury trial, William Kuckuck was convicted of violating section 847.0135(3)(b), Florida Statutes . . . consent to engage in unlawful sexual conduct with the child (“solicitation”) and of violating section 847.0135 . . .
. . . A jury convicted Rubio of traveling to meet a minor, in violation of section 847.0135, Florida Statutes . . .
. . . held that convictions for soliciting a parent to consent to sex with a minor in violation of section 847.0135 . . . (3)(b), traveling to have sex with a minor in violation of section 847.0135(4)(b), and unlawful use of . . . the same thing about dual convictions for receiving information about a minor in violation of section 847.0135 . . . service, local bulletin board, or any other device capable of electronic data storage or transmission," § 847.0135 . . .
. . . clear that double jeopardy principles prohibit separate convictions for solicitation under section 847.0135 . . . (3)(b) and traveling after solicitation under section 847.0135(4)(b) when based upon the same conduct . . . The Legislature has specifically provided under section 847.0135(3) that each separate use of a computer . . . Petitioner was charged with a single violation of section 847.0135(4)(b), Florida Statutes (2011), which . . . The State also charged Petitioner with a ' single violation of section 847.0135(3)(b), which prohibits . . . Id. .The State charged Shelley with a single violation of section 847.0135(3)(b), which prohibits the . . . In addition, the State charged Shelley with a single violation of section 847.0135(4)(b), which prohibits . . . The court held that based on the plain language of section 847.0135;the Legislature had not explicitly . . .
. . . ” is added to the first sentence of the instruction to mirror its title and the language of section 847.0135 . . . BELIEVED BY THE DEFENDANT TO BE A CHILD] FOR UNLAWFUL SEXUAL CONDUCT USING COMPUTER SERVICES OR DEVICES § 847.0135 . . . amended in 2013 [122 So.3d 263], and2015[163 So.3d 478], and 2017. 11.17(c) TRAVELING TO MEET A MINOR § 847.0135 . . . and 2017. 11.17(d) TRAVELING TO MEET A MINOR FACILITATED BY PARENT, LEGAL GUARDIAN, OR CUSTODIAN § 847.0135 . . .
. . . facilitate or solicit a parent to consent to the sexual conduct of a child, in violation of section 847.0135 . . . traveling to meet a minor to engage in sexual conduct with consent by a parent, in violation of section 847.0135 . . . Accordingly, we affirm, the appellant’s judgment ; and sentence under sections 847.0135(3)(b) and 847.0135 . . .
. . . traveling to meet a minor to do unlawful acts after using a computer online service, contrary to section 847.0135 . . . unlawful use of computer services to solicit a child to engage in sexual conduct, contrary to section 847.0135 . . . 176 So.3d 914, 918 (Fla. 2015), holding dual convictions for traveling to meet a minor under section 847.0135 . . . (4)(b) and unlawful use of computer services to solicit under section 847.0135(3)(b) violate double jeopardy . . . 1277 (Fla. 1st DCA 2015), this Court held dual convictions for traveling to meet a minor under section 847.0135 . . .
. . . Traveling to meet a minor to engage in sexual conduct in violation of section 847.0135(4)(a), Florida . . . and solicitation of a child for unlawful sexual conduct after using computer services in violation of 847.0135 . . . that the jury did not use the same act of solicitation to convict the Appellant for violating section 847.0135 . . . (3)(a) and to satisfy the solicitation ' element under section 847.0135(4)(a). . . . charged with one count of traveling to meet a minor to engage in sexual conduct, contrary to section 847.0135 . . . solicitation of a child for unlawful sexual conduct after using computer services, contrary to section 847.0135 . . . charged with one count of improper use of computer services to solicit a child, contrary to section 847.0135 . . . (4)(b) and unlawful use of computer services to solicit under section 847.0135(3)(b) violated double . . . The reasoning of Shelley equally applies to violations of sections 847.0135(4)(a) and (3)(a). . . .
. . . soliciting the minor or the person believed to be the minor’s guardian using a computer service (§ 847.0135 . . . the other doing so to solicit a person believed to be the guardian of the minor for such purpose (§ 847.0135 . . . light of this principle, the legislative tie-breaker in this case is the sentence at the end of section 847.0135 . . . statement of the legislature’s intent to authorize multiple punishments for each violation of section 847.0135 . . . traveling to meet a person believed to be a minor to engage in sexual conduct in violation of section 847.0135 . . . service to solicit a person believed to be a minor to engage in sexual conduct in violation of section 847.0135 . . . person believed to be a minor’s guardian to allow sexual conduct with the minor in violation of section 847.0135 . . .
. . . a computer service to seduce, solicit, or lure the minor to engage in sex, in violation of section 847.0135 . . . of a computer service to seduce, solicit, or lure a minor to engage in sex, in violation of section 847.0135 . . . See § 847.0135(3)0»), Fla. Stat. . . . While the offenses described by section 847.0135(3) and section 934.15 are subsumed within the proof . . . Acknowledging that sections 847.0135(3) and 847.0135(4) contain the same elements, “the only issue in . . . . § 847.0135(4)(a), Fla. Stat. (2013). . § 934.215, Fla. Stat. (2013). .§ 847.0135(3)(a), Fla. . . . as invitations to avoid constitutional error, not as "improper” ones to be automatically denied. . § 847.0135 . . . When applying the third step, the court examined the language in . section 847.0135(3), Florida Statutes . . . See § 847.0135(3), Fla. Stat. (2013). . . . child, which are third-degree felonies punishable by up to five years’ imprisonment. §§ 775.082(3)(e), 847.0135 . . .
. . . device capable of electronic data stprage to solicit .unlawful sexual conduct, pursuant to section 847.0135 . . . Florida courts have applied the Block-burger test to the offenses described in sections 847.0135(3), . . . 847.0135(4), and 934.215, Florida Statutes, in cases similar to this one—where a defendant engages in . . . Acknowledging that .sections 847.0135(3) and 847.0135(4) contain the-same elements, “the only issue in . . . (3) and 847.0135(4) were affirmed in Barnett v. . . .
. . . . § 847.0135(3)(a); (2) traveling to meet a minor after use of a computer to solicit a child, in violation . . . Stat. § 847.0135(4)(a); and (3) unlawful use of a two way communication device, in violation of Fla. . . .
. . . child to engage in unlawful sexual conduct with a person believed to be a child in violation of section 847.0135 . . . of engaging in unlawful sexual conduct with a person believed to be a child in violation of section 847.0135 . . . ’s conviction and sentence for the lesser-included offense of solicitation as prohibited by section 847.0135 . . .
. . . his convictions and sentences for using a computer to seduce, solicit, or lure a child under section 847.0135 . . . traveling to meet a minor after using a computer to seduce, solicit, or lure a child under section 847.0135 . . .
. . . The State charged Santiago-Morales with violating section 847.0135(3)(b), Florida Statutes, “which prohibits . . . state supreme court held that double-jeopardy principles prohibit separate convictions under sections 847.0135 . . . (3)(b) and 847.0135(4)(b) if “based upon the same conduct.” 176 So,3d at 919. . . . remand for the trial court to vacate Santiago-Morales’s conviction and sentence for violating section 847.0135 . . .
. . . Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011, 800.04, 827.071, 847.0135 . . . lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance* by a child), 847.0135 . . .
. . . soliciting a child for unlawful sexual conduct using computer services or devices in violation of section 847.0135 . . . charged Griffith with traveling to meet a minor for illegal sexual conduct in violation of section 847.0135 . . . Section 847.0135(3) prohibits the use of a computer to solicit a child, or a person believed to be a . . . Section 847.0135(4) makes it a crime to travel to meet a child for sex after soliciting the child by . . .
. . . of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135 . . . A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5). 5. . . .
. . . former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135 . . . , excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); . . .
. . . on one count of traveling to meet a person to solicit a child to commit a sexual act under section 847.0135 . . . count of using a computer to solicit a person to commit a sexual act on a child in violation of section 847.0135 . . . Shelley, 176 So.3d 914, 919 (Fla.2015) (“Based on the plain language of section 847.0135, we hold that . . .
. . . Peng was convicted of traveling to meet a minor for unlawful sexual activity in violation of section 847.0135 . . .
. . . solicit a person believed to be a child to engage in unlawful sexual conduct in violation of section 847.0135 . . . ’s conviction and sentence for the lesser-included offense of solicitation as prohibited by section 847.0135 . . .
. . . a computer to solicit a child for unlawful sexual conduct (“solicitation”), in violation of section 847.0135 . . . child to engage in unlawful sexual conduct (“traveling after solicitation”), in violation of section 847.0135 . . .
. . . 2012, Petitioner Warren Staples pleaded guilty to one count of traveling to meet a minor under section 847.0135 . . . Petitioner was also charged with solicitation of a minor via computer, § 847.0135(3)(b), Fla. . . .
. . . Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011, 800.04, 827.071, 847.0135 . . . and lascivious acts on/in presence of persons under age 16), 827.071 (sexual performance by a child), 847.0135 . . .
. . . And under Shelley, convictions for solicitation (see § 847.0135(3), Florida Statutes), and traveling . . . after solicitation (see § 847.0135(4), Florida Statutes), cannot stand if they are based upon the same . . .
. . . Accordingly, we affirm his conviction under section 847.0135(4)(a), Florida Statutes (2010), but reverse . . . his conviction under section 847.0135(3)(a), Florida Statutes (2010). . . .
. . . solicit the parent of a child to consent to sexual activity with the child, in violation of section 847.0135 . . . solicitation), and traveling to meet a minor to engage in unlawful sexual activity, in violation of section 847.0135 . . . The Court explained its holding as follows: Based on the plain language of section 847.0135, we hold . . .
. . . was found guilty, by a jury, of soliciting a minor using a computer device, in violation of section 847.0135 . . . of section 934.215, Florida Statutes (2013), and traveling to meet a minor, in violation of section 847.0135 . . . with Mills and conclude that double jeopardy principles preclude separate convictions under section 847.0135 . . . (3)(a), section 934.215, and section 847.0135(4)(a). . . .
. . . solicit a person believed to be a. child to commit a designated illegal act, in violation of section 847.0135 . . . (3), Florida Statutes; traveling to meet a minor, in violation of section 847.0135(4), Florida Statutes . . .
. . . previously affirmed Davis’s convictions for unlawful use of computer service in violation of section 847.0135 . . . (3)(a), Florida Statutes, and traveling to meet a minor in violation of section 847.0135(4)(a). . . . which held that double jeopardy principles prohibit separate convictions for solicitation under section 847.0135 . . . (3)(b) and traveling to meet a minor after solicitation- pursuant to section 847.0135(4)(b) if based . . .
. . . was convicted by a jury of improper use of a computer service to solicit a minor contrary to section 847.0135 . . . computer device capable of electronic data storage to solicit unlawful sexual conduct contrary to section 847.0135 . . . held that double jeopardy principles prohibit separate convictioris for solicitation under section 847.0135 . . . )(b), Florida Statutes (2011), and traveling to meet a minor after solicitation pursuant to section 847.0135 . . . of using a computer service to solicit a child to engage in sexual conduct in violation of section 847.0135 . . .
. . . adopted in 1981 and amended in 2013 [131 So.3d 720] and 2016. 11.17(c) TRAVELING TO MEET A MINOR § 847.0135 . . . and 2016. 11.17(d) TRAVELING TO MEET A MINOR FACILITATED BY PARENT, LEGAL GUARDIAN, OR CUSTODIAN § 847.0135 . . .
. . . using a computer online service to solicit a person he believed to be a minor in violation of section 847.0135 . . . Florida Statutes, and traveling to meet a person he believed to be a minor in violation of section 847.0135 . . . which held that double jeopardy principles prohibit separate convictions for solicitation under section 847.0135 . . . (3)(b) and traveling to meet a minor after solicitation under section 847.0135(4)(b) if the charges aré . . .
. . . for using a computer service to solicit a child to engage in sexual conduct in violation of section 847.0135 . . . Florida Statutes (2013), and traveling to meet a minor to do unlawful- acts in violation of section 847.0135 . . . which held that double jeopardy principles prohibit separate convictions for solicitation under section 847.0135 . . . (3)(b) and traveling to meet a'minor after solicitation pursuant to section 847.0135(4)(b) if the charges . . . of using a computer service to solicit a child, to engage in sexual conduct in violation of section 847.0135 . . .
. . . previously affirmed Appellant’s convictions for unlawful use., of computer service in violation of section 847.0135 . . . (3)(a), Florida Statutes, and traveling to meet a minor in violation of section 847.0135(4)(a). . . . which held that double jeopardy principles prohibit separate convictions for solicitation under section 847.0135 . . . (3)(b) and traveling to meet a minor after solicitation pursuant to section 847.0135(4)(b) if the charges . . .
. . . parent or guardian for the purpose of engaging in an illegal act 'with a child, a violation of seétion 847.0135 . . . Batchelor guilty of traveling to meet a minor under section 847.0135(4)(b) and unlawful use of a two-way . . . Section 847.0135 provides, in pertinent part, as follows: (4) Traveling to meet a minor.— Any person . . . The State argues — based on a Block burger “same elements test” — that the convictions under section 847.0135 . . . The State focuses on the use of different language of the statutes, specifically that section 847.0135 . . .
. . . in Shelley is equally applicable to these facts even though Shelley involved violations of sections 847.0135 . . . (3)(b) and (4)(b), Florida Statutes, and this case involves violations of sections 847.0135(3)(a) and . . .
. . . Ramon David Senger (“Senger”) appeals his dual convictions under sections 847.0135(3)(b) and 847.0135 . . . In his third motion, Senger sought to dismiss the charges, asserting that sections 847.0135(3)(b) and . . . Senger was adjudicated guilty of violating section 847.0135(4)(b). . . . , unless it is a conviction for violating section 847.0135(6), which, in this case, it is not. . . . (3)(b) and traveling after solicitation under section 847.0135(4)(b). . . .
. . . traveling to meet a person to solicit or entice a minor to commit a sex act in violation.of section 847.0135 . . . argues that the Legislature demonstrated its intent to authorize séparate convictions because section 847.0135 . . .
. . . person believed to be a minor to the minor’s participation in sexual conduct, in violation of section 847.0135 . . . solicit consent by a person believed to be the purported minor’s custodian, in violation of section 847.0135 . . . See § 847.0135(3)(b), Fla. Stát. . . .
. . . The Florida Supreme Court has recently held that convictions under both sections 847.0135(3)(b) and 847.0135 . . . (4)(b)' but reverse his conviction under section 847.0135(3)(b) accordingly. . . . Section 847.0135(3) states: (3) Any person who knowingly uses a computer online service, Internet service . . . Section 847.0135(4) similarly states: (4) Any person .who travels any distance either within this state . . . Section 847.0135(3)(b), Florida Statutes, explains that, "Each separate use of a computer online service . . .
. . . judgments and sentences for traveling to seduce, solicit, or entice a minor for sex in violation of section 847.0135 . . . (2013), and using a computer to seduce, solicit, or entice a minor for sex in violation of section 847.0135 . . . We therefore affirm the section 847.0135(4)(a), traveling conviction and sentence, but vacate the lesser . . . , section 847.0135(3)(a), soliciting conviction and sentence. . . .
. . . The State charged Rodriguez with traveling to seduce/solicit/entice a child to commit a sex act, § 847.0135 . . . Stat. (2012), use of a computer to seduce/solicit a child to commit a sex act, § 847.0135(3), and attempted . . .
. . . For’ count one, the appellant was charged with a violation of section 847.0135(3), Florida Statutes ( . . . with another person believed by the person to be a child; ... commits a felony of the third .degree § 847.0135 . . . For count two, the state charged the appellant with a violation of section 847.0135(4), which provides . . . (3)(a) is subsumed by the offense of traveling to meet a minor in violation of section 847.0135(4)(a) . . . Section 847.0135(4)(b), Florida Statutes (2012), provides as follows: (3) Traveling to meet a minor. . . .
. . . Appellant’s convictions for both traveling to meet a minor after solicitation, in violation of section 847.0135 . . . convictions for travelling to meet a minor after using a computer to solicit the minor, under section 847.0135 . . . storage to solicit a person believed to be a child to commit an illegal act, in violation of section 847.0135 . . .
. . . sentences for traveling to seduce, solicit, or entice a child to commit a sex act in violation of section 847.0135 . . . using a computer to seduce, solicit, or entice a child to commit a sex act in violation of section 847.0135 . . .
. . . convictions for use of a computer to solicit a child for unlawful sexual activity as criminalized by section 847.0135 . . . to meet a child for the purpose of engaging in unlawful sexual activity as criminalized by section 847.0135 . . .
. . . judgments and sentences for traveling to seduce, solicit, or entice a minor for sex in violation of section 847.0135 . . . solicit the consent of a parent to engage in unlawful sexual conduct with a child in violation of section 847.0135 . . . In addition, he was accused of violating section 847.0135(4)(b) by traveling to meet a minor to engage . . . 1168 (Fla. 2d DCA 2015), as in the present case, the appellant was charged with violating sections 847.0135 . . . (3)(a) and 847.0135(4)(a). . . .
. . . Statutes (2009), as well as thirty-one of thirty-three counts of Computer Pornography under section 847.0135 . . . Section 847.0135(2)(a), Florida Statutes (2009), under which Defendant was also charged, provides that . . .
. . . . § 847.0135(4). . . . .
. . . 2013), violates double jeopardy because the elements are subsumed into either Count 2 under section 847.0135 . . . (3)(b), Florida Statutes (2013), or Count 3 under section 847.0135(4)(a), Florida Statutes (2013). . . . device under section 934.215; Count 2, use of a computer to solicit a parent of a child under section 847.0135 . . . (3)(b); and Count 3, traveling to meet a minor after soliciting the minor under section 847.0135(4)(a . . . (3) and subsumed within a charge of travelling to meet a minor after solicitation under section 847.0135 . . .
. . . excluding s. 794.011(10), • s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135 . . .
. . . In his second issue, Holt argues that his convictions for traveling to meet a minor under section 847.0135 . . . to authorize dual convictions under section 847.0135 and any other statute. . . . an offense that violates 847.0135 and another law. . . . The language in the current section 847.0135(8) was first added to section 847.0135 as subsection (7) . . . to authorize dual convictions under section 847.0135(3)(a) and section 847.0135(4)(a), Florida Statutes . . .
. . . explicitly stated its- intent in the Computer Pornography and Child Exploitation Prevention Act, section 847.0135 . . . , Florida Statutes (2011), to allow separate convictions for conduct that violates both section 847.0135 . . . (3)(b)’s prohibition against solicitation and section 847.0135(4)(b)’s prohibition against traveling- . . . The State charged Shelley with a single violation of section 847.0135(3)(b), which prohibits the use . . . In addition, the State charged Shelley with a single violation of section 847.0135(4)(b), which prohibits . . .
. . . See § 847.0135(3)(a), (4), Fla. Stat. (2012). . . .
. . . 323, 330-31 (Fla. 1st DCA 2013)), in which we held that dual convictions for violation of sections 847.0135 . . . (3) and 847.0135(4), Florida Statutes (2011), do not violate double jeopardy. . . .
. . . We find merit only in his claim that convictions for traveling to meet a minor under section 847.0135 . . . soliciting a person believed to be a parent to engage in sexual activity with his or her child under section 847.0135 . . . In the present case, appellant was convicted of traveling to meet a minor under section 847.0135(4), . . .
. . . Offenses” portion of the instructions that the courts may consider the crime of Solicitation under section 847.0135 . . . Statutes (2014), respectively, to be a necessary lesser-included offense of Traveling under section 847.0135 . . . BELIEVED BY THE DEFENDANT TO BE A CHILD] FOR UNLAWFUL SEXUAL CONDUCT USING COMPUTER SERVICES OR DEVICES § 847.0135 . . . GUARDIAN, OR CUSTODIAN OF A CHILD FOR UNLAWFUL SEXUAL CONDUCT USING COMPUTER SERVICES OR DEVICES § 847.0135 . . .
. . . . § 847.0135(3)(b), Fla. Stat. (2011). . . .
. . . use of a computer service to solicit a person believed to be a minor to engage in sexual conduct, § 847.0135 . . . believed to be the guardian of the minor to consent to the minor’s participation in sexual conduct, § 847.0135 . . . after soliciting the minor or the person believed to be by minor’s guardian using a computer service, § 847.0135 . . . recognize that our sister courts have held that double jeopardy bars dual convictions under section 847.0135 . . .
. . . (3) and section 847.0135(4). . . . count of violating section 847.0135(4)(b). . . . (3)(b) and section 847.0135(4)(b). . . . under section 847.0135(3)(a) and 847.0135(4)(a) are authorized regardless of whether there are separate . . . We do not read section 847.0135(8) as authorizing dual convictions under section 847.0135(3) and section . . .
. . . .3d 323 (Fla. 1st DCA 2013), we rejected this double jeopardy claim upon concluding that subsections 847.0135 . . . probation as part of his sentence for traveling to meet a minor to do unlawful acts pursuant to section 847.0135 . . . upheld the imposition of sex offender probation for defendants convicted of violations of subsections 847.0135 . . .
. . . use of the internet to lure a child and recited the elements for that offense, but cited to section 847.0135 . . . corrected to reflect a conviction on Count 2 for use of the internet to lure a child, pursuant to section 847.0135 . . .
. . . Kim was charged with traveling to seduce/solicit/entice a child to commit a sex act under section 847.0135 . . . Statutes (2012), and use of a computer to seduce/solicit/entice a child to commit a sex act under section 847.0135 . . . Thus, the soliciting offense [under section 847.0135(3)(b) ] does not contain an element that is not . . . This analysis applies equally to the charges in question here, soliciting under section 847.0135(3)(a . . . ) and traveling under section 847.0135(4)(a), which run parallel to the statutory sections addressed . . .
. . . Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. . . .
. . . Statutes (2011), a third-degree felony; Count 2, traveling to meet a minor in violation of section 847.0135 . . . that his convictions for soliciting a parent to consent to sex with minor, in violation of section 847.0135 . . . to authorize multiple punishments for conduct that violates both section 847.0Í35(3)(b) and section 847.0135 . . . Sheetz, CyberPredators: Police Internet Investigations Under Florida Statute 847.0135, 54 U. . . . der, the district court agreed with the defendant’s "argument that a single violation of □section [847.0135 . . .
. . . Specifically, Staples pled guilty to, and was convicted of, a violation of section 847.0135(4)(b), Florida . . .
. . . There is no statement of intent to authorize multiple punishments for the same crime in sections 847.0135 . . . In Shel ley, this court considered the text of section 847.0135(3) and held that although “there is an . . . explicit statement of intent to authorize multiple punishments for conduct that violates both section 847.0135 . . . (3)(b) and section 847.0135(4)(b).” . . . There are four elements to traveling to meet a minor under section 847.0135(4): (1) knowingly traveling . . .
. . . Appellant appeals his conviction and sentence for improper use of computer services in violation of section 847.0135 . . . (3), Florida Statutes, traveling to meet a minor in violation of section 847.0135(4), Florida Statutes . . . solicitation of a minor and traveling to meet the minor do not violate double jeopardy because sections 847.0135 . . .
. . . Seo was charged with unlawful use of a computer service in violation of section 847.0135(3)(a), Florida . . . Statutes (2011), and traveling to meet a minor in violation of section 847.0135(4)(a). . . . defendant is communicating with or traveling to meet is "believed by the [defendant] to be a child.” § 847.0135 . . .
. . . Section 847.0135 reads, in relevant part, as follows: 847.0135. . . . jurisdiction is proper pursuant to rule 9.140(c)(1)(B) of the Florida Rules of Appellate Procedure. . § 847.0135 . . . Stat. (2010). . § 847.0135(3), Fla. Stat. (2010). . . .
. . . See §§ 847.0135(3)(a), (4)(a); 934.215, Fla. Stat. (2012). . . . Davis also argues on cross-appeal that his dual convictions under subsections 847.0135(3)(a) and (4)( . . .
. . . Operation Spider’s Web (“the Plan”), an undercover operation intended to identify violations of section 847.0135 . . .
. . . See § 847.0135(3)(b), (4)(b), Fla. Stat. (2011); State v. . . . Shelley asserts that the elements of soliciting under section 847.0135(3)(b) are subsumed by the elements . . . of traveling under section 847.0135(4)(b). . . . In this case, section 847.0135(3)(b) expressly provides, “Each separate use of a computer online service . . . (3)(b) and section 847.0135(4)(b). . . .
. . . s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 847.0135 . . .