“I Know the Kama Sutra”: Can Being a “Naive” Predator Save You from Prison?

By: John Guidry

As you know, judges have an obligation to hand down “just” sentences. This is not an easy task because our elected officials have meddled in the process, creating laws that are simply too harsh for the crime committed.

• The Escape Valve: When judges face a potential injustice, they can use a Downward Departure.
• The Rule: If a defense attorney can convince the judge that specific mitigating circumstances exist (like the crime was “unsophisticated”), the judge can ignore the mandatory minimum prison sentence.

The Target: Sex offenses are the unofficial targets of ridiculous sentencing guidelines.

• The Cost: Why pay teachers what they deserve when we can spend $43,285/year housing a guy for looking at pictures?
• The Disparity: Possession of child pornography often carries a higher minimum sentence than actual molestation or murder.

Are you facing a mandatory minimum sentence for a sting operation?

There is a way out. Call John today at (407) 423-1117.

The Case: State v. Davis (The Bait and Switch)

To understand the battle for a Downward Departure, let’s look at State v. Davis, 141 So. 3d 1230 (Fla. 1st DCA 2014).

• The Trap: Davis responded to an adults-only dating ad posted by a 32-year-old woman claiming she and her “little sister” wanted to have fun.
• The Truth: The “woman” was an undercover detective.
• The Hook: After roping Davis into a two-hour conversation about an adult ménage à trois, the detective dropped the bomb: The “little sister” is actually 13.
• The Crime: Davis, already hooked and “whipped into a frenzy,” agreed to meet them. He was arrested for Traveling to Meet a Minor.

The Defendant: Davis lived with his mom his entire life. The trial court called him “naïve” and “easily led.”

• The Irony: Despite being naive, Davis bragged to the undercover cop: “I’ve studied on women for 13 years… Kama Sutra, G-Spot… I used to teach ladies how to have orgasms.” (Pro Tip: Gentlemen, set the bar low. Do not brag about your G-Spot expertise to the police).

The Ruling: Unsophisticated Manner

Davis faced 45 months in prison (Mandatory Minimum). The Judge granted a Downward Departure to 18 months followed by probation.

• The Law: Under Florida Statute 921.0026(2)(j), a judge can depart if the offense was:
  1. Isolated (Davis had no record).
  2. Remorseful (Davis showed remorse).
  3. Committed in an Unsophisticated Manner.

The Fight: The State appealed, arguing that Davis was “sophisticated” because he used a phone and brought condoms.

• The Majority: Upheld the lighter sentence. They agreed Davis was unsophisticated, effectively a lonely guy manipulated by a government script.
• The Dissent: Disagreed. The dissenting judge argued that “studying the Kama Sutra” and buying condoms showed planning and sophistication.

The Takeaway: The government created the ad. The government answered the phone. The government introduced the “minor.” Because the crime was largely a creation of the State preying on a lonely, dumb guy, the Downward Departure stood.

John’s 2026 Update: The “Digital Sophistication” Trap

Note: In 2014, using a phone was normal. In 2026, prosecutors argue that using an App is “High-Tech.”

1. The Death of “Unsophisticated” Since Davis, appellate courts have become brutal on this issue.

• The 2026 Reality: Prosecutors now successfully argue that any digital step proves sophistication.
• The Examples: Did you use a VPN? Sophisticated. Did you use an encrypted app (Signal/Telegram)? Sophisticated. Did you delete the chat history? Sophisticated concealment.
• The Result: The “dumb guy” defense is dying. If you can operate a smartphone, they argue you are a “sophisticated predator.”

2. The “Deliberate Steps” Doctrine Recent cases (like Fureman) have ruled that driving 20 minutes with condoms constitutes “distinctive and deliberate steps.”

• The Impact: Courts are now saying that the mere act of planning (getting gas, buying lube) negates the “unsophisticated” defense. We have to fight harder to show that the police induced every step of that plan.

3. AI Entrapment In Davis, a human detective had to trick him.

• The 2026 Threat: Police now use AI Chatbots that can carry on 50 conversations at once.
• The Defense: We argue that falling for an AI script isn’t a crime of sophistication; it’s a crime of gullibility. If the AI had to “groom” the defendant for weeks to get a “Yes,” we use the chat logs to prove the defendant was led by the nose, just like Mr. Davis.

Don’t Let Them Create the Crime

The government should spend more time detecting crime rather than creating it. If you were lured into a trap, we can use the “Davis Defense” to fight for a fair sentence.

Call me at (407) 423-1117. Let’s expose the sting.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.