“Solicitation of a Minor” – What is it? Can I go to jail?

Solicitation of a minor is a criminal offense where a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. This crime is sometimes referred to as

• meeting with a minor for lewd purposes, or
• online solicitation of a minor.

Note that criminal charges are brought even if:

• no sexual conduct takes place, or
• you never meet the minor.

Most states say that a person is a minor if they are 17 years of age or under.¹ Further, most jurisdictions say that you can be charged with solicitation if you merely believed the “victim” was a minor, even if that person was not underage.

In most of these types of cases, the solicitation involved takes place by way of:

• a cell phone 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 separate offense.

In this article I discuss the penalties for and defenses to solicitation of a minor. Also listen to our informative podcast:

Penalties

Most states charge solicitation as a felony (as opposed to a misdemeanor). Sex crimes of this nature are typically punishable by:

• custody in state prison for four years or more, and/or
• substantial fines.

Note that most jurisdictions will impose harsher sentences when certain facts are present. For example, you may receive more years in prison if you:

• used a computer or other electronic device to solicit a minor,
• traveled to meet the minor, or
• made sexual contact with a minor.

In addition to the above penalties, you will generally have to register as a sex offender.

Note that sometimes these sexual offenses involve violations of a state’s child pornography laws. These laws make it a sex crime to send, transport, duplicate, print, advertise or possess child pornography, or to hire 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.

The asking of the minor to engage in sex is what triggers charges for solicitation of a minor.

Defenses

Defendants have the right to challenge solicitation charges with a legal defense. Common defenses include showing that you:

1. did not wish to meet a minor to engage in sex (for instance, you had a non-sexual motivation for the meeting),
2. did not know or believe that the “victim” was a minor, and/or
3. were entrapped.

As to the last defense, entrapment is often used when you get arrested for solicitation during sting operations. These operations occur when police or law enforcement officers work undercover to catch a predator.

The entrapment defense applies to overbearing official conduct on the part of police officers, like pressure, harassment, fraud, flattery, or threats. It is an acceptable defense provided that you show you committed the crime only because of the entrapment.

It is critical for people charged with this crime to seek the help of a skilled criminal defense lawyer. An attorney will provide legal advice on which type of defense will:

• produce the best possible outcome, and/or
• cast reasonable doubt on the charge(s) filed.

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

Soliciting a minor in California can be a misdemeanor or a felony depending on the case.

The Law in California

In California, solicitation of a minor is charged as “arranging a meeting with a minor for lewd purposes.” The applicable statute is Penal Code 288.4 PC.

For you to be convicted of this crime, prosecutors must prove beyond a reasonable doubt the following three elements of the jury instructions:

1. you arranged a meeting with a minor,
2. you did so while motivated by an unnatural or abnormal sexual interest in children (which is proven by the facts of the case), and
3. you did so with the intent to engage in certain sexual conduct with the minor at the meeting.²

The intended “sexual conduct” that can support Penal Code 288.4 charges includes:

• you exposing your genitals or pubic or rectal area,
• you having the minor expose their 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” law.³

Penalties

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

• the facts of the case, and
• your criminal history.

Misdemeanor violations are punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $5,000.⁴

Felony violations are punishable by:

• custody in state prison for up to four years, and/or
• a maximum fine of $10,000.⁵

If convicted under PC 288.4, you must register as a tier one sex offender, which carries a minimum 10-year registration requirement.⁶

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The corroboration requirement in child sex abuse cases – Behavioral Sciences & the Law.
• Child Pornography’s Forgotten Victims – Pace Law Review.
• The Competency Requirement for the Child Victim of Sexual Abuse: Must We Abandon It – Miami Law Review.
• The Time Has Come for a Restatement of Child Sex Abuse – Brooklyn Law Review.
• Child Sex Abuse Victims: How Will Their Stories Be Heard after Crawford v. Washington – Campbell Law Review.

Legal References