Solicitation of a minor is a criminal offense under federal law, specifically outlined in 18 USC Chapter 117. This chapter includes three key sections that prohibit solicitation of a minor:
- Section 2422: Coercion and enticement
- Section 2423: Transportation of minors
- Section 2425: Use of interstate facilities to transmit information about a minor
The crime of solicitation is becoming increasingly common in Michigan. Individuals charged with these offenses face severe consequences, particularly when the charges involve a minor.
According to MCL 750.145a, a person can be charged with solicitation of a minor if they accost, entice, or solicit someone under the age of 16. It is irrelevant whether the individual knows the person is a minor, is aware of the child’s actual age, or believes the individual to be under 16. However, the prosecution must provide evidence of force or intent to persuade the minor to engage in immoral acts or to submit to sexual intercourse.
Additionally, a person is guilty of solicitation of a minor if they encourage a minor to meet with them or others for the purpose of engaging in sexual activity. Again, it does not matter if the offender is aware of the child’s age, knows their actual age, or believes the individual to be under 16.
Due to the increase of solicitation of a minor crime over the internet, law enforcement officers engage in many different sting operations to nab child sex predators engaging in online solicitation of minors. Law enforcement officers pose as minors in online chatrooms and make arrests for offenders who solicit them for sex.
Penalty
Michigan law establishes specific penalties for different solicitation offenses.
Penalties Under MCL 750.145A: Enticing, Accosting, or Soliciting a Child for Immoral Purposes
According to MCL 750.145a, enticing, accosting, or soliciting a minor is classified as a felony, punishable by up to four years in prison, a fine of no more than $4,000, or both upon conviction.
Penalties Under MCL 750.145B: Enticing, Accosting, or Soliciting a Minor for Immoral Purposes; Prior Conviction
If a person is convicted under MCL 750.145b, which involves having at least one prior conviction, the offense is also classified as a felony. This can result in penalties of up to ten years in prison, a fine not exceeding $10,000, or both upon conviction.
If the prosecution seeks enhanced penalties due to prior convictions, they must provide the court with relevant details about these convictions. The court will determine the existence of prior convictions during sentencing or at a separate hearing, without a jury present. To establish a prior conviction, the prosecuting attorney may present various forms of evidence, including:
- A copy of the judgment of the conviction
- Transcripts from previous trials, plea proceedings, or sentencing
- Information from the pre-sentence report
- The defendant’s statement
Defense
Like other sex crimes, solicitation of a minor is a serious offense in Michigan that demands a robust defense strategy. If you are facing charges for soliciting a minor, it is crucial to seek the assistance of a skilled sex crimes lawyer familiar with both state and federal criminal law.
A qualified attorney can provide legal guidance on the best approach to achieve a favorable outcome or introduce reasonable doubts about the charges against you.
Possible Defenses for Soliciting a Minor
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Entrapment-If you were arrested during an online sting operation for soliciting a minor, your defense attorney might explore entrapment as a strategy. You could argue that law enforcement induced you to commit an offense that you would not have otherwise pursued.
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False Accusation-You may assert that you are wrongfully accused of a crime you did not commit. This defense is particularly effective if you can demonstrate that someone else had access to your computer, IP address, or email and could have engaged in online solicitation.
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Federal Laws May Also Apply-While most sex crimes are prosecuted at the state level, including various degrees of criminal sexual conduct, lewd acts with minors, solicitation of a minor, and child pornography, many offenses also violate federal law and can be prosecuted in federal court.
Federal jurisdiction may arise if the offense is severe or involves crossing state or international borders. Unlike state cases, which are typically investigated by local police, federal sexual offenses are investigated by agencies such as the FBI, Immigration and Customs Enforcement (ICE), and the national Internet Crimes Against Children (ICAC) task force.
Contact Kirsch Daskas Law Group
If you have been arrested in an online solicitation sting operation, working with a reliable sex crimes attorney can help determine if entrapment was used, which is an effective defense strategy. Call us at 248-792-3060.
