NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

 IN THE DISTRICT COURT OF APPEAL 

 OF FLORIDA 

 SECOND DISTRICT 

SANG YOUN KIM, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D13-6244 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

Opinion filed January 7, 2015. 

Appeal from the Circuit Court for Manatee 

County; John F. Lakin, Judge. 

Howard L. Dimmig, II, Public Defender, and 

Richard P. Albertine, Jr., Assistant Public 

Defender, Bartow, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Susan D. Dunlevy, 

Assistant Attorney General, Tampa, for 

Appellee. 

KHOUZAM, Judge. 

Sang Youn Kim pleaded no contest to traveling to seduce/solicit/entice a 

child to commit a sex act and use of a computer to seduce/solicit/entice a child to 

commit a sex act, reserving the right to appeal the denial of his motion to dismiss on 
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double jeopardy grounds. Because these dual convictions violate the prohibition 

against double jeopardy, we affirm in part and vacate in part. 

The record shows that on September 15, 2012, Kim responded to a

Craigslist ad placed by an undercover officer. The officer advised Kim—who was fortysix years old at the time—that he was communicating with a fourteen-year-old girl. The 

next day (September 16), Kim continued communicating with the fictitious girl via email, 

indicating that he wanted to have sex with her. He arranged to meet at a location in 

Manatee County that he believed was the girl's home, traveled from his Tampa home to 

the Manatee County location, and was taken into custody upon his arrival. 

Kim was charged with traveling to seduce/solicit/entice a child to commit a 

sex act under section 847.0135(4)(a), Florida Statutes (2012), and use of a computer to 

seduce/solicit/entice a child to commit a sex act under section 847.0135(3)(a). Both 

offenses were alleged to have occurred on September 16, 2012. He moved to dismiss 

on double jeopardy grounds. The trial court denied the motion, determining that the 

dual charges did not violate double jeopardy principles. 

But in the recent opinion Shelley v. State, this court addressed a nearly 

identical issue, holding as follows: 

In essence, the traveling offense [under section 

847.0135(4)(b)] proscribes traveling to meet a child to 

engage in unlawful sexual contact after having solicited the 

child's parent, legal guardian, or custodian or a person 

believed to be such. Thus, the soliciting offense [under 

section 847.0135(3)(b)] does not contain an element that is 

not found in the traveling offense. See [Hartley v. State, 129

So. 3d 486, 491 (Fla. 4th DCA 2014)]; [Pinder v. State, 128 

So. 3d 141, 143 (Fla. 5th DCA 2013)]. As a result, dual 

convictions for soliciting and traveling in the course of one 

criminal transaction or episode violate the prohibition against

double jeopardy. Id. 
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134 So. 3d 1138, 1141 (Fla. 2d DCA), review granted, 147 So. 3d 527 (Fla. 2014). This 

analysis applies equally to the charges in question here, soliciting under section 

847.0135(3)(a) and traveling under section 847.0135(4)(a), which run parallel to the 

statutory sections addressed in Shelley.1 Thus, "the convictions for both soliciting and 

 1The statutory sections appear in their entirety as follows: 

(3) Certain uses of computer services or devices 

prohibited.--Any person who knowingly uses a computer 

online service, Internet service, local bulletin board service,

or any other device capable of electronic data storage or 

transmission to: 

(a) 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, chapter 800, or chapter 827, or to otherwise 

engage in any unlawful sexual conduct with a child or with 

another person believed by the person to be a child; or 

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice 

a parent, legal guardian, or custodian of a child or a person 

believed to be a parent, legal guardian, or custodian of a 

child to consent to the participation of such child in any act 

described in chapter 794, chapter 800, or chapter 827, or to 

otherwise engage in any sexual conduct, 

commits a felony of the third degree, punishable as provided 

in s. 775.082, s. 775.083, or s. 775.084. Any person who, in 

violating this subsection, misrepresents his or her age, 

commits a felony of the second degree, punishable as 

provided in s. 775.082, s. 775.083, or s. 775.084. Each 

separate use of a computer online service, Internet service, 

local bulletin board service, or any other device capable of 

electronic data storage or transmission wherein an offense 

described in this section is committed may be charged as a 

separate offense. 

(4) Traveling to meet a minor.--Any person who travels any 

distance either within this state, to this state, or from this 

state by any means, who attempts to do so, or who causes 

another to do so or to attempt to do so for the purpose of 

engaging in any illegal act described in chapter 794, chapter 

800, or chapter 827, or to otherwise engage in other unlawful 
- 4 - 

traveling as charged in this case violate the prohibition against double jeopardy because 

the soliciting offense is subsumed by the traveling offense." Shelley, 134 So. 3d at 

1142. We affirm the conviction and sentence for traveling and vacate the conviction 

and sentence for soliciting. See id. We also certify conflict with the First District's 

decision in State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013), as this court did in 

Shelley. See id. 

Affirmed in part and vacated in part; conflict certified. 

LaROSE and SLEET, JJ., Concur. 

 

sexual conduct with a child or with another person believed 

by the person to be a child after using a computer online 

service, Internet service, local bulletin board service, or any

other device capable of electronic data storage or 

transmission to: 

(a) 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 engage in any illegal act 

described in chapter 794, chapter 800, or chapter 827, or to 

otherwise engage in other unlawful sexual conduct with a 

child; or 

(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a 

parent, legal guardian, or custodian of a child or a person 

believed to be a parent, legal guardian, or custodian of a 

child to consent to the participation of such child in any act 

described in chapter 794, chapter 800, or chapter 827, or to 

otherwise engage in any sexual conduct, 

commits a felony of the second degree, punishable as 

provided in s. 775.082, s. 775.083, or s. 775.084. 

§ 847.0135.