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State v. Wilson
Citations: 128 So. 3d 946; 2013 Fla. App. LEXIS 20388; 2013 WL 6816686Docket: No. 5D13-387
Court: District Court of Appeal of Florida; December 26, 2013; Florida; State Appellate Court
The State appeals the trial court's decision to dismiss charges against James Randall Wilson for attempting to solicit a minor for sexual activity and traveling to meet a minor for unlawful sexual conduct. The appellate court finds that the trial court erred in its dismissal. Wilson initiated communication with a detective posing as the aunt of a thirteen-year-old girl through ads on "Craig-slist" and engaged in a dialogue that suggested he sought a sexual encounter with the minor. The trial court concluded that Wilson could not be convicted because he communicated only with the aunt and not directly with the child. However, the appellate court asserts that the relevant statutes apply even when solicitation is attempted through an adult intermediary. Florida Statutes section 847.0135(3)(a) criminalizes attempts to solicit a child or someone believed to be a child through electronic communication. Additionally, section 847.0135(4)(a) enhances the penalty for traveling to meet a child after such solicitation or attempted solicitation. The State argues that Wilson's actions constituted an attempt to solicit, which the appellate court agrees is supported by sufficient evidence, leading to the reversal of the trial court's dismissal of charges. Statutes criminalize both solicitation and attempted solicitation equally, meaning no proof of a completed act is necessary for conviction. The definition of "attempt" implies a failure to achieve the intended action. Case law, including Morehead v. State and various federal cases, supports this interpretation by applying the plain language of similar statutes. The Florida legislature has specifically criminalized soliciting certain adult intermediaries for sexual acts involving minors, underscoring the statute's comprehensive scope. The court emphasized that the existence of specific offenses does not invalidate the general prohibitions against attempts. The trial court's dismissal of Wilson's case was erroneous; the appellate court reversed this decision, noting that the prosecution can charge under general laws despite more specific statutes. The court also indicated that solicitation does not require direct communication with the minor; indirect solicitation is also criminalized, as the mere act of asking (soliciting) constitutes a crime. The interpretation of solicitation encompasses indirect requests made through intermediaries, and the court's analysis favors the state in evaluating motions to dismiss. The term "attempt" is defined as making an effort to achieve something, further supporting the broad application of the statute.