The final clause states “...sexual conduct with a child “
To comply with Florida Statute 847.0143(4)(a), it is necessary to have both awareness of the existence of an actual minor and knowledge of their age, legal impossibility is not recognized
Accused could not have known something that was not true
Florida law does not define "child" or "minor" to include an individual who is posing as a child. To determine whether a law covers individuals posing as children, the courts may consider factors such as legislative history as well as how similar laws have been interpreted and applied in other cases.
However, since the Florida legislature removed the language “or a person believed by the person to be a child” their intent can not be questioned, and the courts should have been determining that the law does not cover individuals posing as children, and engaging in sexual conduct with such an individual in not be considered a crime under that Florida Statute 847.0145(4)(a), even if the defendant believed they were communicating with a minor.
Since the language was removed and not included in the jury instructions. The legislature’s intent is clear. All convictions under 847.0145(4)(a) involving a ICAC agent posing as a minor online using bait and switch tactics should be vacated under 775.021(1)
775.021 Rules of construction
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.