“Just Words”: Why Asking for Illegal Sex Isn’t Always an “Attempt”

By: John Guidry

Lawyers fight about words. And, even if we agree on the words used, we often disagree about the legal consequences of those words. Today’s case is an example of just such a dispute.

• The Question: Is asking for sex (a crime of words) the same thing as attempting to have sex (a crime of action)?
• The Stakes: An “Attempt” conviction carries a lifetime of Sex Offender Registration. A “Solicitation” conviction often does not.

Did the State overcharge you for a crime you didn’t actually commit?

Words matter. Call John today at (407) 423-1117.

The Case: Tulier v. State (The $400 Question)

In Tulier v. State, 147 So. 3d 1037 (Fla. 2d DCA 2014), the defendant was convicted of Attempted Sexual Activity with a Minor.

• The Scene: Tulier was driving an SUV. He stopped and called out to a boy on a bicycle (who was 16, but said he was 17).
• The Words: Tulier asked, “Do you want to make $400?” When the boy asked how, Tulier said, “Blow me.”
• The Reaction: The boy didn’t do it. He called his dad, got the license plate, and Tulier was arrested.

The Legal Battle: Tulier’s attorney moved to dismiss the “Attempt” charge.

• The Defense: There was no Overt Act. He just asked for sex. That is Solicitation, not Attempt.
• The State: The Judge disagreed, ruling that calling the boy over and offering cash was the overt act.

The Precedent: Pittman v. State (1950)

Believe it or not, Tulier was not the first person to ask for sex with a minor. In 1950, the Florida Supreme Court heard Pittman v. State.

• The Facts: Pittman asked a girl to go into the woods for sex. She refused.
• The Ruling: The Court overturned his “Attempted Rape” conviction. They held that his invitation was “at most, only solicitation—a mere preparation.”

The Rule: To be guilty of an Attempt, you must do an act toward the commission of the crime (like grabbing the victim or unzipping pants). Mere words—even disgusting ones—are just preparation.

The Ruling: Reversed

The Appellate Court in Tulier agreed with the defense.

• The Logic: Tulier essentially asked for oral sex in exchange for money. While he called the victim over, that only amounts to Solicitation.“The evidence does not support a conviction for Attempted Sexual Activity… We therefore must reverse Tulier’s conviction.”

The Takeaway: Mere preparation to commit a crime is not an attempt. By fighting the “Attempt” label, the defense saved Tulier from a much harsher sentence and potential registration issues.

John’s 2026 Update: “Traveling” and Digital Overt Acts

Note: In 2014, Tulier shouted out of a window. In 2026, predators use apps. The law treats them differently.

1. “Traveling to Meet” (The Loophole Closer) If Tulier had arranged this meetup online and then drove to the location, the Tulier defense would FAIL.

• The Law: Florida Statute 847.0135(4) makes “Traveling to Meet a Minor” a crime.
• The Difference: The act of driving (traveling) is the crime. You don’t have to touch the victim. You don’t have to “attempt” sex. If you arrive at the spot, you are guilty of a felony, even if you just roll down the window and talk.

2. Electronic Payments as “Overt Acts” In Tulier, he verbally offered $400. In 2026, people use CashApp or Venmo.

• The 2026 Reality: Prosecutors now argue that sending money electronically constitutes an “Overt Act” because you have taken a physical step (transferring funds) to facilitate the crime. This pushes the case from Solicitation into Attempt or even Trafficking territory.

3. AI Chatbot Stings Police now use AI bots to pose as minors online.

• The Danger: You can be charged with Computer Solicitation (a felony) for chatting with a bot. You can’t use the Tulier defense (“It was just words”) because the Computer Solicitation statute specifically criminalizes the transmission of the words themselves.

Don’t Let Them Upgrade Your Words

If you haven’t touched anyone, and you haven’t traveled to meet anyone, you shouldn’t be charged with a sex crime that implies physical action. We fight to keep the charges where they belong—or get them dismissed entirely.

Call me at (407) 423-1117. Let’s analyze the charge.

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.