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What Qualifies as Solicitation of a Minor?
Solicitation is asking, encouraging, causing, or coercing a person to engage in a sexual act. When that person is under the age of 16, it qualifies as solicitation of a minor. There is no requirement that any act actually occurred, merely that the adult solicited the minor.
What's the Difference Between Solicitation and Prostitution?
Legally speaking, solicitation refers to offering something of value in exchange for a sexual or lewd favor, whereas prostitution is the act of providing sexual or lewd favors in exchange for something of value, most often money.
Read Also: California Solicitation Laws
Is it Illegal to Talk to a Minor Online?
Talking to a minor online isn't automatically illegal. It all depends on why you are contacting the other person. Suggestive language or sexual requests can result in a criminal charge. Using the Internet to arrange a meeting with a minor for lewd and lascivious acts can be charged as a felony and is punishable by up to 3 years in state prison and lifetime registration as a sex offender.
Read Also: What if a Minor Lies About Their Age Online?
What is the Federal Sentence for Online Solicitation of a Minor?
Under U.S. Code 18 Sections 2422 and 2423, punishment for solicitation of a minor over the Internet can result in fines of up to $250,000, 10 years in jail for a misdemeanor charge, and a maximum sentence of life in prison for a felony charge.
What is the Defense for Solicitation of a Minor?
Criminal defense attorneys draw upon certain legal strategies to challenge the solicitation of minor charges. These strategies include attempting to demonstrate 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.
Related Articles:
- What is Second Degree Sexual Assault?
- How to Beat a Sexual Assault Charge?
- Difference Between Molestation and Sexual Abuse
FAQs
Can a conviction for solicitation of a minor be expunged from someone's record?
Expungement laws vary by state, but in many cases, sex crimes involving minors are not eligible for expungement due to the severity of the offense and public safety concerns.
What are the long-term impacts of a solicitation of a minor conviction?
Long-term impacts can include difficulty finding employment, housing restrictions, social stigma, limited access to certain professional licenses, and strained personal relationships.
What role does intent play in solicitation of a minor cases?
Intent is a crucial element in these cases. The prosecution must prove that the defendant intended to engage in illegal sexual activity with a minor. Without clear intent, the defense may challenge the validity of the charges.
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