Probation is often an attractive alternative to prison time for anyone convicted of a Florida sex crime. A recent case out of Florida’s Supreme Court, however, makes clear that probation sentences can come with some fairly restrictive terms and conditions.
Defendant was arrested in 2009 and charged with lewd computer solicitation of a child and traveling to meet a minor for unlawful sexual activity. He pleaded guilty to both charges. He also asked the judge for sex offender probation and house arrest instead of prison time. The judge rejected that request, sentencing Defendant to four years behind bars, followed by 11 years of sex offender probation.
The judge also made clear as a term of Defendant’s probation that he was barred from accessing the internet, possessing a computer or smartphone that has internet access, and having an email address. Defendant went back to court after serving his prison time. He appealed the probation portion of the sentence, arguing that the judge imposed additional terms on the probation, including a mandatory curfew, a ban on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, and the completion of a sex offender treatment program. Defendant said the court couldn’t impose those restrictions because the judge didn’t announce them orally at the original sentencing hearing.