Does Everyone Arrested For Sex With Minor Have To Register

Posted on January 21, 2022

Young teen girl on computer looking distraught — Many "solicitation of a small" cases occur over the internet.

In well-nigh jurisdictions, solicitation of a minor is a criminal criminal offence whereby a person engages in a conversation with a minor, and during that conversation, solicits or asks the small to see up to partake in a sexual act. The crime is sometimes referred to as

coming together with a minor for lewd purposes, or

online solicitation of a pocket-sized.

If a person is convicted of the offense, most states accuse the law-breaking as a felony and punish an offender with a state prison house term of four years or more. A conviction also means the defendant will accept to register as a sex offender.

Note that criminal defense attorneys oft draw upon certain legal strategies to challenge solicitation charges. Some of these strategies include showing that the accused:

had no intent or purpose to appoint in a sexual act with the minor,
did non know or believe that the alleged "victim" was a minor, and/or
was entrapped.

What is the crime of soliciting 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 pocket-sized, and
during that conversation, asks the modest to meet for the purpose of engaging in sexual intercourse or some sexual action.

Notation that criminal charges are brought fifty-fifty if:

no sexual conduct takes place, or
the defendant never meets the minor.

The asking of the minor to engage in sexual practice is what triggers the offense.

Well-nigh states say that a person is a modest if he/she is 17 years of historic period or under.[one] 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.

Continue in mind that a person is only guilty of this criminal offense if he/she had some type of sexual motivation for meeting a minor. If a person tried to adjust a meeting because of another, not-sexual motivation, then that person is not guilty of solicitation.

In well-nigh of these types of cases, the solicitation involved takes place via:

a cell telephone 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 split crime.

What are the penalties?

Nigh states charge solicitation as a felony (every bit opposed to a misdemeanor).

Some states have varying degrees of felonies (for example, 2d-degree felony or third-caste 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 almost jurisdictions will impose harsher sentences when certain facts are nowadays. For instance, a defendant may receive more years in prison if:

the accused used a computer or other electronic device to solicit a small-scale,
the defendant actually traveled to meet the minor, or
the defendant really fabricated sexual contact with a minor.

In addition to the to a higher place penalties, a person convicted of solicitation will more often than not take to register as a sexual activity offender.

Note that sometimes these sexual offenses involve violations of a land'south child pornography laws. These laws make information technology a sex law-breaking for a person to send, send, duplicate, print, advertise or possess child pornography, or to rent or persuade minors to participate in making pornographic imagery or explicit material of some type.

Solicitation penalties will grow much more severe if they involve child pornography convictions.

Can a defendant raise a legal defence force?

Defendants have the right to claiming solicitation charges with a legal defense. Common defenses include the accused showing that he/she:

did not wish to run across a pocket-sized to appoint 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 oftentimes used when defendants get arrested for solicitation during sting operations. These operations are when police officers or law enforcement officers work undercover to catch a predator.

The entrapment defense applies to overbearing official conduct on the part of law officers, similar force per unit area, harassment, fraud, flattery, or threats. Information technology is an acceptable legal defense provided that the accused shows he/she just committed the crime considering of the entrapment.

It is disquisitional for people charged with this crime to seek the assistance of a skilled criminal defence force lawyer. An attorney will provide legal advice on which blazon of defence force will:

produce the best possible effect, and/or
cast reasonable doubt on the charge(due south) filed.

Most defense lawyers provide a free consultation and most communications with an attorney are protected by the chaser-client human relationship. The latter means that potentially embarrassing discussions are kept from the public domain.

Man holding lollipop out to child behind the camera to illustrate solicitation of minor

Soliciting a pocket-size in California tin can be a misdemeanor or a felony depending on the case.

What is the law in California?

In California, solicitation of a pocket-sized is charged as "arranging a meeting with a minor for lewd purposes." The applicable statute is Penal Code 288.four PC.

Nether this code section, it is a crime for a person to:

conform a meeting with a pocket-size,
do and then while motivated by an unnatural or abnormal sexual involvement in children (which is proven past the facts of the case), and
do so with the intent to appoint in certain sexual conduct with the pocket-sized at the meeting.[2]

The intended "sexual conduct" that can back up Penal Lawmaking 288.four charges includes:

the defendant exposing his/her genitals or pubic or rectal expanse,
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" police force.[iii]

A violation of this law is a wobbler offense, meaning the legal matter tin can be charged as either a misdemeanor or a felony depending on:

the facts of the case, and
the accused's criminal history.

Misdemeanor violations are punishable by:

custody in county jail for up to ane year, and/or
a maximum fine of $5,000.[iv]

Felony violations are punishable by:

custody in state prison house for up to iv years, and/or
a maximum fine of $10,000.[5]

All persons convicted under PC 288.four must register as a tier one sex offender, which carries a minimum 10-year registration requirement.[6]

[1] See, for example, Blackness'due south Constabulary Dictionary, Sixth Edition – "Small-scale."

[2] California Penal Code 288.4 PC.

[3] See aforementioned.

[four] Run into aforementioned.

[5] Come across same.

[6] See same.

About the Author

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Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court Television set, The Today Prove and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as ane of the Superlative 100 Criminal and Top 100 Civil Attorneys.