Federal Coercion and Enticement of a Minor in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Everything you tell us is confidential. Our office answers 24 hours a day.

Attempted Enticement of a Minor (§ 2422(b))

Under instruction O92.3, the government must prove:

1. You knowingly intended to persuade, induce, entice, or coerce the person to engage in prostitution or sexual activity.
2. You used the mail, the internet, a cell phone, or another facility of interstate commerce to do it.
3. At the time, you believed the person was under 18.
4. If the sexual activity had happened, someone could have been charged with a crime under state or federal law (not required if only prostitution is charged).
5. You took a substantial step toward committing the offense.

The government does not have to prove the person was actually under 18, only that you believed it. That is why sting cases with no real child can be charged. A "substantial step" must be an important action, more than mere preparation. Under federal law, the "sexual activity" does not require physical contact and includes producing child pornography (§ 2427).

Inducing Someone to Travel (§ 2422(a))

Under instruction O92.1, the government must prove that you knowingly persuaded, induced, enticed, or coerced a person to travel between states or countries, and that when the travel began you intended the person to engage in prostitution or a sexual activity that is a crime. This section applies regardless of age. The government does not have to prove that any sexual activity happened after the trip.

Penalties

• § 2422(b): 10 years to life in prison, including attempts.
• § 2422(a): up to 20 years.
• Repeat offenders: after a prior sex-offense conviction, the maximum is three times the normal term (§ 2426), and a § 2422(b) conviction can bring mandatory life under § 3559(e) when the victim and a prior victim were under 17.
• Registered offenders: an extra 10 years, consecutive, for a person already required to register who commits this offense involving a minor (§ 2260A).
• Supervised release of at least 5 years and up to life.
• Registration under federal law (15 years, 25 years, or life, by tier), and Florida counts federal convictions for similar offenses.

The same conduct can also be charged in state court as online solicitation or traveling to meet a minor. See Online Solicitation of a Minor.

How We Defend These Cases

• The full conversation. Agents' summaries leave things out. Who raised the subject, how often, and in what words.
• Belief about age. Profile photos, the platform's age rules, and what the person said about their age.
• Intent to persuade. Whether the messages show an intent to persuade a minor, or adult talk and fantasy.
• Substantial step. Whether anything beyond talk happened.
• Entrapment. Whether agents pushed someone who was not otherwise inclined to commit the crime.
• Devices and searches. See Motions to Suppress.

What to Do First

1. Do not talk to agents or try to explain the chat. Ask for a lawyer.
2. Do not delete accounts or messages.
3. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page, Federal Criminal Defense and Sex Crimes Defense.

Frequently Asked Questions

Is talking online enough for a "substantial step"?

It depends on the facts. The instruction requires an important action, more than mere preparation. That is often a central fight.

Can I be charged in both state and federal court?

Yes. Each has its own laws, and either can bring charges for the same conduct.