What Is Solicitation of a Minor?
An adult doesn’t need to engage in sexual activity with an underage person in order to be charged with solicitation of a minor. They can be charged for the mere suggestion or proposal of sexual activity, in-person or online.
Solicitation of a minor is when an adult solicits a child or someone they believe is a child, to engage in sexual content with the intent to following through, according to Minnesota Statute 609.352. It goes on to define solicitation as “commanding, entreating, or attempting to persuade a specific person in person, by telephone, by letter, or by computerized or other electronic means.”
Electronic Solicitation of a Minor
Electronic solicitation is the most common form of solicitation of a minor. It is typically revealed in one of the following two forms:
- Undercover sting operations. Most sting operations involve members of law enforcement posing as minors on websites that advertise meet-ups. They may also initiate a text message exchange with suspects that will be submitted into evidence later. Although most cases involve arresting the suspect at a pre-arranged location, an in-person meeting isn’t required to pursue charges.
- Disclosure to law enforcement. Another common way that people are charged with electronic solicitation of a minor happens when someone (generally a parent or guardian) finds evidence that their child has been engaging in appropriate conversations with an adult. Upon sharing their discovery with the police, law enforcement officers may decide to go undercover to catch the suspect or simply bring charges on the electronic evidence they already have.
It’s important to note that whether solicitation of a minor took place in-person or online, being mistaken about the minor’s age is generally not a defense that will work.
Penalties for Solicitation of a Minor
If you’re convicted of soliciting a minor, the severity of your punishment will depend on the age of the minor you attempted to engage with.
If the minor was 16-17 years old, you could face up to five years in prison and up to $10,000 in fines. For minors 13-15 years old, the punishment is up to 10 years in jail and $20,000 in fines; for those under 13, penalties include up to 20 years in jail and $40,000 in fines.
Defendants who are convicted of solicitation with a minor must also register as sex offenders, likely attend sex offender treatment programs, have their internet activity monitored or restricted and lose their rights to vote and own a gun.
Defending Against Solicitation of a Minor Charges
An experienced solicitation of a minor defense lawyer should be able to help you find a defense that works well with the details of your case.
For example, if you met a minor in a club that was supposed to be 18 and up, you may have a compelling case that you believed the minor was an adult. Or, if you were part of a solicitation sting on the internet and law enforcement encouraged you to make sexual advances, you may be able to argue you were the victim of police entrapment.
