STATE OF FLORIDA, APPELLANT,
v.
LARS BERTIL JIBORN, APPELLEE
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Florida's appellate court reversed the trial court's dismissal of charges for traveling to meet a minor for unlawful sexual acts and solicitation via computer, holding that direct communication with an actual child is not required when the defendant communicates with an undercover officer posing as a parent.
A defendant may be convicted of traveling to meet a minor for unlawful sexual acts and solicitation of a minor via computer based on communications with an undercover officer posing as a parent, without direct communication with an actual child.
[1] A defendant may be prosecuted for traveling to meet a minor for unlawful sexual acts and solicitation of a minor via computer based on communications with an undercover o…
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Join FLexlaw to unlock all legal intelligenceThe defendant engaged in email and text correspondence with an undercover police officer whom he believed to be the mother of a 14-year-old child, dis…
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The State of Florida appeals the order entered by the trial court granting the motion to dismiss the amended information filed by Lars Jiborn (defendant), which charged him with traveling to meet a minor for an unlawful sexual act and solicita*365tion of a minor via computer.1 We reverse.2
The charges against the defendant stemmed from email and text correspondence between the defendant and an undercover police officer, who the defendant believed to be the mother of a 14-year-old child. The trial court entered an order granting the defendant’s dismissal motion, concluding that the defendant could not violate these statutes without having direct communication with a child. In State v. Wilson, Case No. 18-387, 128 So.3d 946 (Fla. 5th DCA Dec. 27, 2013), we considered an essentially identical factual situation and reversed the trial court’s dismissal order. For the reasons articulated in Wilson, we reverse the instant order, and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED.
LAWSON and COHEN, JJ„ concur.
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Citator
Cited By
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State v. Espinoza, 264 So. 3d 1055 (Fla. 3d DCA 2019)
Authorities Cited
- State v. Feagle, 604 So. 2d 824 (Fla. 1st DCA 1991)
- State v. Wilson, 128 So. 3d 946 (Fla. 5th DCA 2013)