With the increasing trend of mobile phones, social media, and other online or digital platforms, minor or underage children are at high risk of being the victims of serious offenses.
Sex offenders often chat with them with the intent of seducing them. However, in resposne to the query what is child solicitation; it can be answered that it is one of the offensive acts, through which sex offenders invite them to do some evil wicked acts.
The study is about such known acts and the charges with their penalties in different states. The article also illustrates the situations considered as child solicitations, its charges, and the severity of criminal charges according to the situation.
Table of Contents
- Child Solicitation and Enticement
- Understanding child solicitation
- The Law re Solicitation of a Minor
- Devices used for solicitations
- Federal Child Solicitation
- Online Solicitation With Lewd Intent
- Sex Offender Registration Requirements
- Penalties for the offence of Solicitation
- Charges of Child Solicitation in Indiana
- The Child Solicitation Law in California
- Conclusion
- Frequently Asked Questions
Child Solicitation and Enticement
Petersen criminal law presents about solicitation of a minor and enticement is known throughout the states. The basic elements of the Petersen criminal are covered in the study.
Understanding child solicitation
Solicitation is an illegal act of luring or soliciting minors through a computer system or any other means with the sole purpose of engaging them in sexual activity.
Solicitation is also known as meeting with a minor for lewd purposes it can also be called online minor solicitation. Note that involvement in sexual activity is not necessary for charges, only a conversation is enough.
Related Blog: What Is Statutory Sodomy
The Law re Solicitation of a Minor
The law regarding solicitation is the same throughout all the states, it may vary in the charges and penalties but the specifications for the knowingly act are alike.
- In solicitation crime, one is a minor child and another must be more in age than the minor.
- They must be involved in an online conversation through a computer system, mobile phone, or any other electronic device.
- The minor is lured or seduced and requested to meet for sexual activity or sexual solicitation.
Devices used for solicitations
The devices used for the crime of solicitations irrespective of the outcome are the following;
A mobile phone, cell phone, or may be called smart phone used for sexting, texting, message contact, or calls
- A tablet
- A computer system
- Or any other electronic means or online service
Federal Child Solicitation
Federal child solicitation is a type of solicitation that is done across states to engage in sexual activity. If you tend to chat or make conversation in Council Bluffs with a minor or under age child to see you over the bridge in Omaha, charges will be made.
Federal laws will accuse you of the allegations and you may be sentenced to a lifetime prison. Douglas County, a border county, may charge you with federal solicitation.
Online Solicitation With Lewd Intent
Under the laws of Virginia, using a computer, mobile phone, computer network, bulletin boards, or any other electronic means for communication to solicit underage, children below 18, is unlawful.
Online solicitation with lewd intent includes;
- Exposure of sexual or genital parts to underage, minors or who are not legally married
- Asking the minor or child to show his/her sexual parts or genital parts
- Inviting minors to let them feel the private parts of an older person
- Proposing a child to perform fellatio, other sexual conduct, anal intercourse, cunnilingus, or any unlawful sexual act
- Enticing or alluring the minor into any property, room, house, vehicle, or other places for illegal sexual activity
The best choice for prosecution is a Criminal defense attorney, who is a legal attorney for solicitation and child enticement and seeks free consultation for criminal defense.
Sex Offender Registration Requirements
To register as a sex offender, there are some requirements to be made in Indiana criminal law that are necessary for charging.
All the personal information of the accused must be made public with the types of sex offenders in Indiana. The things made to be public include; name, age, photograph, and aliases.
The physical descriptors will be also made public like; weight, height, hair color, eye color, tattoos, and prominent scars. The sex offender must also show his/her current home, school, work, volunteer, and any other information.
According to Indiana Code 11-8-8-14, the offender must also report himself/herself to local law enforcement once a year.
The sex offender must also report a swath of personal information to local law enforcement, which can be found in Indiana Code 11-8-8-8.
Penalties for the offence of Solicitation
The charges of solicitation are conviction, misdemeanor or mostly a felony offense. The felonies may be; first degree felonies, second degree felonies, or even third degree felonies.
The penalties of Solicitation are the following;
- Custody in jail or in a state prison for four years or it may exceed the jail time
- Heavy Fines or substantial fines
- In the violation of child pornography law, the jail time may exceed a decade of years
- The charges will be shown on Criminal record or criminal history
- Losing the right to own a firearm
- Losing health opportunities, education, employment, and any other
- The offender will be lifelong registered as a sex offender
In the following situations, the charges may be harsher or more severe;
If the offender or defendant used a computer
If the defendant or sex offender traveled and tried to meet the minor for sexual activity
In the case of sexual conduct with a minor, the fine by the police officer will be harsh and you will be arrested for even more time.
Virginia sex crimes defense lawyer may help you in your sex offense.
Charges of Child Solicitation in Indiana
As discussed in the previous section the charges of solicitation of a minor may be that of conviction, sex offense, misdemeanor, or felony. The offenders are charged according to the act and the severity of the case.
The below are points on the basis of which charges are made.
- Charges of solicitation will be made even if there is no sexual intercourse or sexual involvement.
- The adult will be charged if he has used vulgar words that indicate the invitation to sexual activity.
- If the victim is not underage but is a minor in one way or another.
- If the adult used no offensive words, no invitation for sexual activity but only has arranged a meeting.
The Child Solicitation Law in California
The child solicitation law in California is the same as that of other states but with minor differences. According to the Penal Code 288.4 PC, the following acts will be charged as a child solicitation;
- If a person uses a mobile phone, cell phone, computer, or any other electronic device for sexting
- If a person chats with a minor with sexual desires to engage in sexual intercourse
- If a person arranges a meeting with a minor for sexual activity
- If a person shows his/her sexual parts or private parts to a minor or asks the minor for the intended touch
The Penalties for Solicitation
- Custody in jail or a state prison for four years or it may exceed the jail time
- Heavy Fines or substantial fines up to $5000, for a convicted felony, the fine may be up to $10,000
- In the violation of child pornography law, the jail time may exceed a decade of years
- The charges will be shown on Criminal record or criminal history
- Losing the right to own a firearm
- Losing opportunities of health , education, employment, and any other
- The offender will be lifelong registered as a sex offender
Child Solicitation Defenses
You may be found guilty in the criminal defense if the child is over 14 years of age even if the minor lied to you. It may also be included in the defenses, if the parents of the child allowed you to talk with their child.
If you are acting in your employment as an emergency worker. It means you go with the child for the sake of the child’s safety, so the child's enticement is not committed and you can add it to your defenses.
If you have ever been charged with such charges, sex crime defense lawyers may help you and can provide their legal services.
Indiana defense attorney may also help you in defending your felony convicted charges. You can appeal to the criminal appeals process and can get satisfactory results through post-conviction relief.
Conclusion
Solicitation of child is an illegal act of luring or soliciting minors through a computer system or any other electronic device with the intention of engaging them in sexual activity.
The charges of child solicitation may be that of conviction, sex offense, misdemeanor, or felony. The offenders are charged according to the act and the severity of the case.
The penalties for child enticement are; state prison for four years, substantial fines of up to $5000, for a convicted felony, the fines may be up to $10,000, criminal history, loss of public opportunities, and lifelong registration as a sex offender for the entire future.
Frequently Asked Questions
What is an example of solicitation?
Inviting an underage child or a minor through sex chat with the intention of involvement in sexual intercourse.
What is an example of solicitation of a minor?
The invitation of an underage child or a minor through sex chat to engage in sexual intercourse.
How does solicitation work?
Through an electronic device, a chat is started through which a meeting is arranged for a sexual act or offensive act.
What is the US Code for solicitation of a minor?
According to the US code 18 U.S.C. 2422, a person will be charged with the convicted criminal offense just after sexting, even if not met.
