Any adult suspected of seducing a minor can face steep penalties, but the internet dramatically changes these cases. When contact starts online, many adults find themselves talking to minors even if they don’t realize it. Alternatively, they believe that harmless online chatting cannot count as a sex crime.
Unfortunately, in Los Angeles, it is possible to face serious criminal penalties for a variety of online or offline activities with minors. If you have been arrested for using a computer to solicit a minor, do not try to face the charges on your own. You need to talk to a Los Angeles sex crimes lawyer.
At the Simmrin Law Group, we know how to fight these cases. We founded our law firm on a simple belief: that you are innocent until proven guilty and that you deserve a powerful defense. Our lawyers understand internet sex crime laws and how they can be beaten—both in and out of court. Fill out the form to the right, or give us a call to get your free consultation today.
What Counts As Soliciting or Seducing a Minor in Los Angeles?
“Internet solicitation” is really a group of potential charges centered around a single scenario. The basic idea is that California law forbids adults 18+ from using computers or the internet to commit any sex offense with a minor. If this sounds broad, it’s because it is. The law casts a very wide net when it comes to this kind of offense.
In practice, however, there are three very specific charges we see most often in these kinds of cases:
- Luring a child
- Soliciting a minor for lewd purposes
- Transmitting harmful material to a minor
Luring a Child
This charge is for using a computer or the internet to “lure” a child under the age of 14. This means attempting to get the minor away from their parents or away from where the child is expected to be (such as school). It is illegal even if the purpose is not explicitly sexual.
Soliciting a Minor for Lewd Purposes
This charge is for using the internet to attempt to arrange a meeting with a minor under 18, with the intent to have any kind of sexual conduct at the meeting. There are three elements that must be proven to convict a defendant under this charge, which are:
- That the defendant attempted to arrange a meeting with a minor or a person they believed to be a minor
- That the defendant’s actions were motivated by an “abnormal or unnatural” sexual interest in children
- That at the meeting, the defendant intended to expose their genitals, pubic, or rectal area, get the minor to expose their genitals, pubic, or rectal area, or engage in lewd or lascivious behavior
Transmitting Harmful Material to a Minor
Harmful material includes sexual material such as pornography, erotic stories, and naked pictures. It also includes sexting. It is unlawful whenever the purpose is to sexually arouse the minor.
Of course, these situations are also illegal if they happen with no computers involved. However, the investigation, the evidence, and the type of defense you need will all be different if any part of the incident happened online.
Penal Codes Used to Enforce These Laws
Most of the illegal acts that occur over the internet with the intent of soliciting or seducing a minor are covered by three penal codes in California. These codes are:
- California Penal Code 288.2: Sending Obscene Material to Seduce a Minor
- California Penal Code 288.3: Contacting a Minor to Commit a Felony
- California Penal Code 288.4: Arranging a Meeting With a Minor for Lewd Purposes
Of course, these laws are only focused on the abuse that takes place online and often with the intent of causing further harm in a physical meeting. If these violations result in the adult meeting with the child and carrying out acts of sexual abuse, further charges will be filed. Other penal codes that may be violated after someone meets a minor they contacted online include:
- California Penal Code 288: Lewd and Lascivious Acts With a Child
- California Penal Code 288.5: Continuous Sexual Abuse of a Child
- California Penal Code 288.7: Sex With a Child Under 10
Examples of Possible Violations
A man makes contact with someone online. The person they are talking to says they are 11 years old. They chat several times, and then the man begins to turn the conversation towards sex. He asks the child if they have ever seen anyone having sex. He sends a pornographic video and asks if the child liked what they saw. This man could face charges under PC 288.2.
A man is using an online dating app. He connects with a woman, and they begin chatting. She has several pictures of herself on the app, and her bio says that she is 30 years old. She asks for a naked picture. The man sends her the photo. It turns out the person he sent the picture to was actually a child posing as an adult.
The man should not be guilty of a violation of PC 288.2 because he had no reason to believe that the person he was communicating with was a child.
A woman befriends a young boy on a social media app. They share many flirtatious messages, and after sharing several naked photos of herself, the woman invites the boy over to her place for sex. This woman could face a conviction under PC 288.2, 288.3, and 288.4. If the boy shows up and has sex with the woman, she could face further charges such as a violation of PC 288.
If I’m Convicted, Will I Have to Register As a Sex Offender?
Yes, and this is one of the most devastating penalties. Some individuals are required to register for the rest of their lives, while others will have to register for a set period of time. Registration involves reporting to local authorities once a year and anytime you move or your personal information changes.
The community will be aware of your name, offense, photograph, and address. Registered sex offenders often find difficulty when looking for housing or employment. Registration can also make social interaction difficult. Sex offenders are ostracized by society, and once a member of a community knows about your registration, it is likely that word will spread quickly.
What Are the Penalties for Using the Internet to Solicit a Minor?
The penalties for using the internet to solicit a minor vary greatly depending on the charge.
Luring a Child
Luring a child is generally a misdemeanor. This charge can carry penalties such as:
- Up to a year in jail
- Up to $5,000 in fines
- Summary probation
- Registration as a sex offender
It can also turn into more serious charges, depending on the circumstances.
Transmitting Sexual Material to a Minor
Transmitting sexual material to a minor can be either a misdemeanor or a felony. If charged as a misdemeanor, it can carry:
- Up to six months in jail
- Up to $1,000 in fines
- Summary probation
- Registration as a sex offender
For a felony charge, the penalties can increase with incarceration time increasing to up to three years in prison and potential fines rising up to $10,000.
Soliciting a Minor for Lewd Purposes
Like transmitting sexual material to a minor, soliciting a minor for lewd purposes is considered a “wobbler.” This means that it can be charged as either a misdemeanor or a felony. For a misdemeanor conviction, a defendant could face:
- Up to one year in jail
- Up to $5,000 in fines
- Summary probation
- Registration as a sex offender
When prosecuted as a felony, the potential penalties increase greatly, with defendants facing up to four years in prison and up to $10,000 in fines.
There are circumstances where these crimes can also carry heavier penalties. If you have a previous sex crime conviction on your record, you could be looking at much harsher consequences. In some cases, you could also find yourself facing federal charges, which tend to be prosecuted fiercely and carry significant prison sentences.
Remember, however, that it is possible to beat these charges.
What Defenses Can I Use Against a Soliciting a Minor Charge?
The best defense depends on the details of your case. In general, however, some of the most successful defenses can include:
- Entrapment
- No sexual intent
- False accusation
- Believed the minor was of legal age
Entrapment
If police engineered the situation that led to you “soliciting” a minor, and you would not have otherwise solicited them, you may have grounds for an entrapment defense.
No Sexual Intent
Intent matters in many of these charges. If you did not have any intent to arouse, seduce or have sexual conduct with the minor, you may be able to win your case.
False Accusation
Simply because you are accused of soliciting a minor does not mean that’s what happened. We can help you build a case and prove your version of events.
Believed the Minor Was of Legal Age
If we can show a strong case that you reasonably believed the minor was actually 18 or older, you may be able to win your case.
When your case involves internet contact or the use of any device, this will affect your defense. You need an attorney who has 21st-century digital sleuthing skills and understands the complex laws around data, computer evidence, and searches of devices. Do not settle for a defense lawyer who does not have a background in internet solicitation cases.
Talk to a Los Angeles Internet Solicitation Lawyer for Free
Don’t let a single incident ruin years of your life. At the Simmrin Law Group, we understand how to win cyber cases. We will listen to your story, take your side, and work to give you the best defense possible. Let us give you a free, no-obligation consultation. Fill out our online contact form or give us a call and get your free consultation today.