LEGAL ANALYSIS -- The Crime of "Solicitation of a Minor" 3 Ways to Fight Charges
Solicitation of a minor is a criminal offense whereby a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act.
The crime is sometimes referred to as
- meeting with a minor for lewd purposes, or
- online solicitation of a minor.
If a person is convicted of the offense, most states charge the crime as a felony and punish an offender with a state prison term of four years or more. A conviction also means the defendant will have to register as a sex offender.
Criminal defense attorneys often draw upon certain legal strategies to challenge solicitation charges. Some of these strategies include showing that the accused:
- had no intent or purpose to engage in a sexual act with the minor,
- did not know or believe that the alleged “victim” was a minor, and/or
- was entrapped.
The Law re Solicitation of a Minor
Most state criminal laws say that a person commits the crime of soliciting a minor when:
- he/she engages in a conversation with a minor, and
- during that conversation, asks the minor to meet for the purpose of engaging in sexual intercourse or some sexual activity.
Note that criminal charges are brought even if:
- no sexual conduct takes place, or
- the defendant never meets the minor.
The asking of the minor to engage in sex is what triggers the offense.
Most states say that a person is a minor if he/she is 17 years of age or under.[1] Further, most jurisdictions say that a person can be charged of solicitation if the defendant merely believed the “victim” was a minor, even if that person was not underage.
Keep in mind that a person is only guilty of this offense if he/she has some type of sexual motivation for meeting a minor. If a person tried to arrange a meeting because of another, non-sexual motivation, then that person is not guilty of solicitation.
In most of these types of cases, the solicitation involved takes place by way of:
- a cell phone or smartphone (either through two parties talking together, text messaging or sexting),
- a tablet,
- a computer (for instance, in chat rooms of some type), or
- some online service.
Some states charge the online solicitation of a minor as a separate offense.
Penalties
Most states charge solicitation as a felony (as opposed to a misdemeanor).
Some states have varying degrees of felonies (for example, second-degree felony or third-degree felony). The facts of the case will dictate which degree gets charged.
Sex crimes of this nature are typically punishable by:
- custody in state prison for four years or more, and/or
- substantial fines.
Note that most jurisdictions will impose harsher sentences when certain facts are present. For example, a defendant may receive more years in prison if:
- the defendant used a computer or other electronic device to solicit a minor,
- the defendant actually traveled to meet the minor, or
- the defendant actually made sexual contact with a minor.
In addition to the above penalties, a person convicted of solicitation will generally have to register as a sex offender.
Note that sometimes these sexual offenses involve violations of a state’s child p*rnography laws. These laws make it a sex crime for a person to send, transport, duplicate, print, advertise or possess child p*rnography, or to hire or persuade minors to participate in making p*rnographic imagery or explicit material of some type.
Solicitation penalties will grow much more severe if they involve child p*rnography convictions.
Defenses
Defendants have the right to challenge solicitation charges with a legal defense. Common defenses include the accused showing that he/she:
- did not wish to meet a minor to engage in sex (for instance, he had a non-sexual motivation for the meeting),
- did not know or believe that the “victim” was a minor, and/or
- was entrapped.
As to the last defense, entrapment is often used when defendants get arrested for solicitation during sting operations. These operations occur when police or law enforcement officers work undercover to catch a predator.
The entrapment defense applies to overbearing official conduct on the part of police officers, like pressure, harassment, fraud, flattery, or threats. It is an acceptable legal defense provided that the accused shows he/she only committed the crime because of the entrapment.
It is critical for people charged with this crime to seek the help of a skilled criminal defense lawyer. An attorney will provide legal advice on which type of defense will:
- produce the best possible outcome, and/or
- cast reasonable doubt on the charge(s) filed.
Most defense lawyers provide a free consultation and most communications with an attorney are protected by the attorney-client relationship. The latter means that potentially embarrassing discussions are kept from the public domain.
Soliciting a minor in California can be a misdemeanor or a felony depending on the case.
The Law in California?
In California, solicitation of a minor is charged as “arranging a meeting with a minor for lewd purposes.” The applicable statute is Penal Code 288.4 PC.
Under this code section, it is a crime for a person to:
- arrange a meeting with a minor,
- do so while motivated by an unnatural or abnormal sexual interest in children (which is proven by the facts of the case), and
- do so with the intent to engage in certain sexual conduct with the minor at the meeting.[2]
The intended “sexual conduct” that can support Penal Code 288.4 charges includes:
- the defendant exposing his/her genitals or pubic or rectal area,
- the defendant having the minor expose his/her genitals or pubic or rectal area, and/or
- engaging in the kind of “lewd and lascivious” acts outlawed by Penal Code 288 PC, California’s “lewd acts with a minor” law.[3]
A violation of this law is a wobbler offense, meaning the legal matter can be charged as either a misdemeanor or a felony depending on:
- the facts of the case, and
- the defendant’s criminal history.
Misdemeanor violations are punishable by:
- custody in county jail for up to one year, and/or
- a maximum fine of $5,000.[4]
Felony violations are punishable by:
- custody in state prison for up to four years, and/or
- a maximum fine of $10,000.[5]
All persons convicted under PC 288.4 must register as a tier one sex offender, which carries a minimum 10-year registration requirement.[6]
Legal Citations:
[1] See, for example, Black’s Law Dictionary, Sixth Edition – “Minor.”
[2] California Penal Code 288.4 PC.
[3] See same.
[4] See same.
[5] See same.
[6] See same.
