State v. D.D.; Case No. 2006-CF-3165(St Lucie County)
Arresting Agency: St. Lucie County Sheriffs Office
Case Summary: “Our client was on his computer in Maryland in an online chat room. He was role playing a fantasy with an undercover detective. The detective started out chatting without disclosing that he was a particular age. Our client’s online profile specifically stated that he enjoyed daddy/daughter role playing. Although this may seem odd to many, it is not illegal to engage in fantasy. Believing that the person on the other side of the chat was an adult and was aware of his profile, our client continued to chat with the undercover detective after he said he was a 14 year old female. The chat became sexual in nature and eventually our client was arrested at his home in Maryland. He never traveled to meet anyone. The State’s position was that our client solicited a sex act from someone he believed to be a minor. Although the defense was ready to take this case to a jury, the client always makes the final decision. Our client was uneasy about the way a jury might perceive someone with these kinds of fantasies, and we were instructed to engage in negotiations with the prosecution.
Result: Entered a plea of No Contest to Attempted Child Abuse No jail, adjudication of guilt was withheld (not a felony conviction), 3 years regular probation and no sex offender registration.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties