Grohs v. State

944 So. 2d 450, 2006 WL 3373103
CourtDistrict Court of Appeal of Florida
DecidedNovember 22, 2006
Docket4D04-2016
StatusPublished
Cited by5 cases

This text of 944 So. 2d 450 (Grohs v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grohs v. State, 944 So. 2d 450, 2006 WL 3373103 (Fla. Ct. App. 2006).

Opinion

944 So.2d 450 (2006)

Steven GROHS, Appellant,
v.
STATE of Florida, Appellee.

No. 4D04-2016.

District Court of Appeal of Florida, Fourth District.

November 22, 2006.
Rehearing Denied January 11, 2007.

*451 Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING; MOTION FOR REHEARING EN BANC; MOTION FOR CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

The State filed a motion for rehearing, motion for rehearing en banc, and motion for certification of question of great public importance. The motions for rehearing en banc and certification of question of great public importance are denied, but the motion for rehearing is granted. We therefore withdraw our previous opinion and substitute the following in its place.

Steven Grohs was convicted of violating Florida Statutes section 847.0135(3) as charged in the Information filed against him and was sentenced to 28.2 months in prison. We affirm.

Steven Grohs was charged by Information as follows:

*452 [K]nowingly and unlawfully utilized a computer on-line service, Internet service or local bulletin board service to seduce, solicit, lure or entice or attempt to seduce, solicit, lure or entice a child or another person believed by Steven Grohs to be a child to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, contrary to Florida Statute 847.0135(3).

Florida Statutes section 847.0135(3) provides:

Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

As such, Grohs was charged with violating section 847.0135(3) in any and every way it can be violated and was not charged solely with soliciting or attempting to solicit a child or person believed to be a child.

An undercover police operation gave rise to the charge against Grohs. In response to a tip regarding Grohs's computer conduct, Lantana Detective Todd Dwyer established an America Online account posing as a fifteen-year-old boy named Bobby. He then entered a chat room entitled "Young Men" in which Grohs was participating. Grohs began to chat with "Bobby." Following an exchange of introductory information, Grohs indicated that he hoped he and "Bobby" could become friends but admitted that his age might pose a problem. Grohs then forwarded a picture of himself to "Bobby," asked for a picture or physical description from "Bobby," and learned that "Bobby" was a high school wrestler. Grohs then revealed that he was thirty-seven, and "Bobby" responded that they could be friends but that he might be too young because he was fifteen. Grohs replied: "We don't have to do anything that normal friend[s] do. I'd like to be your friend is all . . . I am not a person to want you to do what you're not interested in. That's all, friendship." "Bobby" then directed Grohs to "lead the way." The conversation continued and "Bobby" asked Grohs whether he was gay. Grohs responded: "I've dated lots of girls, but I['d] rather be with a guy I like." Grohs concluded the conversation by giving "Bobby" his cell phone number.

The online chat between Grohs and "Bobby" led to both an exchange of e-mails between Grohs and Dwyer and two telephone conversations between Grohs and Officer Jason Sharon posing as "Bobby." The first e-mail was sent from Grohs to "Bobby" and stated the following:

I'm very cool with 15. Friends will be great and we can be more, and do whatever makes you happy. If you're comfortable, as I do and am! You asked me to lead on, and I can, will you steer us? I'm glad we met today and hope we can stay best friends for a longtime to come.

"Bobby" responded by telling Grohs that he looked cute, indicating that he did not have much experience, explaining that he was willing to follow Grohs's lead, stating that "what ever u want to do is cool with me," and indicating that "if u want more that's cool too."

Grohs replied to "Bobby's" e-mail:

I am happy to know that you think me to be cute. From your description, I know you to be cute too. I will work hard to earn your trust. I'd be happy to *453 do anything with and/or for you right now. I just want you to be comfortable and happy with me. Once we get to know each other better maybe we can become b/fs, if that is cool with you. I really look forward to talking to you on the phone, and, more so, to meeting you when you're ready. We can meet in a public place just as an introduction and to see how we get along.

"Bobby" then responded: "I would luv to meet u I feel like I know u. We can have fun together. When u say more do u really mean MORE. Tell what your into and what u want to do with me and what u like."

Thereafter, the first telephone conversation between Grohs and "Bobby" began with a discussion about cars. Grohs then asked "Bobby" when he wanted to meet. "Bobby" indicated that he might be able to meet the next day, and Grohs responded that it was great even if they only met at McDonald's, ate, and got to know each other. "Bobby" then asked Grohs what he wanted to do if they met. Grohs replied that it was up to "Bobby" and asked him if he wanted to get something to eat at McDonald's. "Bobby" then inquired whether his age bothered Grohs. Grohs responded that he liked "Bobby's" age. "Bobby" agreed to definitely meet the next day but remained curious about what they could do when they met. Grohs replied: "Whatever you want. If you want to have sex, that's okay with me. You don't want to, that's okay." Later in the conversation, "Bobby" asked where they could go to have sex. Grohs indicated that they could go to his apartment. "Bobby" again questioned Grohs about what he liked to do. Grohs responded: "I'm into anything, really. I'm open, I just like to have fun and enjoy myself. You know, I like pleasing whoever I'm with." "Bobby" next asked whether they would "do it to each other," Grohs indicated that was fine, and "Bobby" explained that most of his experience was with oral sex which he enjoyed. The conversation ended with "Bobby" asking whether Grohs would bring condoms, to which Grohs replied in the affirmative. Grohs and "Bobby" agreed to talk the next day to finalize their plans.

The second telephone conversation between Grohs and "Bobby" began with "Bobby" expressing his fear that when Grohs saw he was fifteen he would drive away. Grohs assured "Bobby" that he would not do that and that they were still going back to his apartment. "Bobby" asked what they would do when they got to the apartment, and Grohs responded "[w]hatever you want. Whatever you feel comfortable with, that's all." Grohs then told "Bobby" that "Bobby" would call the shots. "Bobby" continued to press Grohs about what they would do and what he liked to do.

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Cite This Page — Counsel Stack

Bluebook (online)
944 So. 2d 450, 2006 WL 3373103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grohs-v-state-fladistctapp-2006.