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Web solicitation lands man in prison

Smith A Gulf Breeze man will spend at least the next three years in prison after being sentenced last week in Collier County on two felony counts of using a computer to seduce and/or solicit a minor for sex.

Michael Richard Smith, 48, of 1262 Greenview Lane in Tiger Point, appeared in a Naples courtroom on Tuesday, May 19, where he pleaded no contest to two of five original charges.

A charge of an adult over age 18 committing a lewd and lascivious exhibition to a person under 16 via a computer webcam — a seconddegree felony punishable by a maximum 15 years in prison — and two counts of using a computer to seduce and/or solicit a minor — third-degree felonies each punishable by up to five years in prison — were dropped.

As the result of a plea bargain, Smith was sentenced to 42 months in state prison. Under Florida law, he must serve at least 85 percent of his sentence. After leaving prison, Smith also will serve two years of sexual offender probation.

"Mr. Smith was remanded to custody in Collier County," his attorney, Barry Beroset of Pensacola, said Friday. "It's not known where he will be incarcerated. The court will determine that based on things like where his family is located and the length of the sentence."

According to Collier County court records, Smith in February 2008 initiated an online chat with a person he thought was an 11- year-old Naples girl. Instead, the subject was an undercover law enforcement detective trained in handling cyber crime cases.

Chats of an increasingly explicit sexual nature continued through October 2008. During that time, Smith used a webcam and transmitted images of himself exhibiting lewd and lascivious sexual behavior. He also tried to arrange to travel to Collier County to meet the girl, but he later changed his mind, investigators said.

Collier County law enforcement issued an arrest warrant, and Smith was arrested by Santa Rosa deputies on Oct. 31, 2008. He was booked into the county jail before being extradited to Collier County in early November.

Smith was released on $200,000 bond. His initial arraignment was set for Dec. 1, 2008 and rescheduled for Jan. 5, 2009, when Beroset entered a written plea of not guilty.

On May 1, according to court records, Smith waived his right to a speedy trial and a plea date was set for May 19.