Description:

Bartow, Florida criminal defense lawyer represented the Defendant charged with soliciting a person believed to be a child to commit an illegal act and transmitting material harmful to a minor.

The probable cause affidavit reveals that Banda contacted a law enforcement officer pretending to be a fourteen-year-old boy named "Jacob" on a social media platform. On the first day, Banda offered to perform sexual acts on "Jacob" and sent him a pornographic picture to illustrate one of them. The next day, Banda again contacted "Jacob" and suggested that they meet to have sex. A day passed with no communication, after which Banda again reached out for the same purpose.

The amended information charged Banda with solicitation, a third-degree felony under section 847.0135(3)(a), Florida Statutes (2022), and transmission, a third-degree felony under section 847.0138(2), Florida Statutes (2022). It alleged the transmission offense-involving the pornographic picture-occurred "on or about" the first day of contact. It stated the solicitation offense occurred over the next four days.

State v. Banda, 6D2023-4217 (Fla. App. Nov 15, 2024)

Outcome: Reversed and remanded.

Plaintiff's Experts:

Defendant's Experts:

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