{"id":278765,"date":"2022-03-26T14:15:46","date_gmt":"2022-03-26T19:15:46","guid":{"rendered":"https:\/\/beta10.technodreamcenter.com\/feddefense\/?p=278765"},"modified":"2023-11-13T13:11:14","modified_gmt":"2023-11-13T19:11:14","slug":"solicitation","status":"publish","type":"post","link":"https:\/\/beta10.technodreamcenter.com\/feddefense\/solicitation\/","title":{"rendered":"Solicitation"},"content":{"rendered":"

[vc_row][vc_column][tm_heading tag=”h2″ custom_google_font=”” text=”What is Soliciting<\/mark>?”][tm_spacer size=”lg:20″][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]Criminal solicitation is the act of a person trying to get someone to have sex with them. Often this can be related to prostitution<\/strong><\/a> or sex trafficking <\/strong><\/a>, and can involve adults and\/or children.<\/p>\n

In both state and federal court, the act of trying to get a minor to have sex with an adult is a crime. And in both jurisdictions, it doesn\u2019t matter if the person the defendant thought was a minor was really an undercover cop or some other adult. The crime is the intention to have sex with minors, and the efforts to fulfill that desire.[\/vc_column_text][tm_spacer size=”lg:20″][tm_heading tag=”h5″ custom_google_font=”” text=”What is the Definition of Solicitation<\/mark>?”][tm_spacer size=”lg:20″][vc_column_text]The law defines the word \u201csolicit\u201d as: commanding, enticing, entreating, or attempting to persuade a specific person, by telephone, letter, in person, or by computerized or other electronic means.<\/p>\n

Today, most cases arise from posting or communicating on the internet through social media applications or website classifieds. Many defendants get charged with solicitation after making inquiries online about meeting up for sex.[\/vc_column_text][tm_spacer size=”lg:40″][\/vc_column][\/vc_row][vc_row][vc_column][tm_heading tag=”h5″ custom_google_font=”” text=”What is the definition of \u201cchild\u201d<\/mark>?”][tm_spacer size=”lg:20″][vc_column_text]Under this Minnesota Statute, the age of a child is 15 years of age or younger.[\/vc_column_text][tm_spacer size=”lg:40″][\/vc_column][\/vc_row][vc_row full_width=”stretch_row_content” background_color=”secondary” lg_spacing=”padding_right:30;padding_left:30″ md_spacing=”padding_right:30;padding_left:30″][vc_column][tm_spacer size=”lg:60″][tm_heading custom_google_font=”” google_fonts=”font_family:Poppins%3A300%2Cregular%2C500%2C600%2C700|font_style:700%20bold%20regular%3A700%3Anormal” font_weight=”700″ align=”center” text_color=”custom” custom_text_color=”#f9ea01″ text=”In Minnesota, there are two main statutes prohibiting solicitation” font_size=”lg:14″ letter_spacing=”1px”][vc_column_text]Under this Minnesota Statute, the age of a child is 15 years of age or younger.[\/vc_column_text][tm_spacer size=”lg:10″][tm_heading custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”What is Solicitation and Promotion of Prostitution<\/mark>?”][tm_spacer size=”lg:20″][vc_column_text]<\/p>\n

This applies to anyone who would be considered a pimp or aiding someone in that role. Not the customers of the sex, and not the sex workers themselves, but the person or people that are running or associated with the business of selling sex for profit. This crime is split into two degrees. Both are felonies that carry penalties that could include prison time.<\/p>\n

[\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”First Degree<\/mark><\/strong>: Whoever does the following intentionally:”][tm_spacer size=”lg:20″][vc_column_text]<\/p>\n

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  1. Solicits an individual under the age of 18 to practice prostitution;<\/li>\n
  2. Promotes the prostitution of an individual under 18 years;<\/li>\n
  3. Receives profit, knowing or having reason to know that it came from prostitution or the promotion of prostitution of someone under 18;<\/li>\n
  4. Engages in sex trafficking<\/strong> of an individual under the age of 18<\/li>\n<\/ol>\n

    [\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”Second Degree<\/mark><\/strong>: Whoever intentionally does the following:”][tm_spacer size=”lg:20″][vc_column_text]<\/p>\n

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    1. Solicits or induces any<\/em> individual to practice prostitution,<\/li>\n
    2. Promotes the prostitution of anyone<\/li>\n
    3. Receives profit, knowing or having reason to know that it came from prostitution or the promotion of prostitution of someone.<\/li>\n<\/ol>\n

      [\/vc_column_text][tm_spacer size=”lg:40″][vc_column_text]<\/p>\n

      There are a couple exceptions to this law that protect the children and adult parents who may have benefitted from, or depend on, the profits of Solicitation and\/or prostitution, as long as the children were minors at the time and\/or the adult parents didn\u2019t know that the money came from the criminal activities.<\/p>\n

      It also protects average business owners from being prosecuted under this statute for the sale of goods or services to a prostitute in the ordinary course of a lawful business.<\/p>\n

      [\/vc_column_text][tm_spacer size=”lg:60″][\/vc_column][\/vc_row][vc_row][vc_column][tm_spacer size=”lg:60″][tm_heading tag=”h5″ custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”Solicitation of Children to Engage in Sexual Conduct\/Communication of Sexually Explicit Materials to Children:<\/mark>“][tm_spacer size=”lg:20″][vc_column_text]This law criminalizes the act of sending pictures or videos of a sexual nature to minors age 15 and younger, as well as engaging in text or chat with them describing sex acts or activities, or asking to engage in sexual activities.<\/p>\n

      This law is designed to prosecute people sending dick pics to middle schoolers, for example, or chatting about sexual fantasies on social media or private messaging apps, or setting up dates to meet tweens to have sex.[\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text=”In order for the State to prove Electronic Solicitation of a Child<\/mark><\/strong>, the State must prove:”][tm_spacer size=”lg:20″][vc_column_text]<\/p>\n

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      1. The defendant was at least age 18;<\/li>\n
      2. The child allegedly solicited was age 15 or younger OR the defendant reasonably believed<\/em> the person allegedly solicited to be age 15 or younger;<\/li>\n
      3. The defendant used some form of electronic communication (usually a computer, cell phone connected to the internet); to<\/li>\n
      4. Solicit the alleged child to engage in sexual conduct OR communicate with the alleged child describing sexual conduct OR sent pictures\/videos of a sexual nature to the alleged child;<\/li>\n
      5. The defendant acted with the intent to arouse the sexual desire of the alleged child;<\/li>\n
      6. The act took place on or about a specific date in the county in which it was charged.<\/li>\n<\/ol>\n

        [\/vc_column_text][tm_spacer size=”lg:20″][vc_column_text]Once again, Mistake of age is NOT a defense, and the fact that an alleged child might turn out to have been an undercover officer is also not a defense.<\/p>\n

        It\u2019s not about the personal details of the alleged child on the other end, the statute criminalizes the act of trying to get sexy with a child of 15 or younger.<\/p>\n

        Catherine is an experienced criminal defense lawyer that defends against charges of Solicitation. If you or someone you love has been accused of Solicitation.[\/vc_column_text][tm_spacer size=”lg:60″][\/vc_column][\/vc_row][vc_row][vc_column][\/vc_column][\/vc_row][vc_row el_id=”solicitation_of_a_minor”][vc_column][tm_heading tag=”h5″ custom_google_font=”” text=”What is Solicitation of a minor<\/mark>?”][tm_spacer size=”lg:20″][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]A minor is any person 18 years of age or younger.<\/p>\n

        The law defines the word \u201csolicit\u201d as: commanding, enticing, entreating, or attempting to persuade a specific person, by telephone, letter, in person, or by computerized or other electronic means.<\/p>\n

        Solicitation of a minor is a federal crime.<\/strong><\/p>\n

        There are three main statutes in federal law that criminalize solicitation, and like any federal offense, the federal statutes require an element of affecting \u201cinterstate commerce.\u201d Usually this means using the internet, since the internet by nature crosses state lines. Here are the ways to get in trouble under federal law for solicitation of a minor:[\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text=”Coercion<\/mark> and enticement:”][tm_spacer size=”lg:20″][vc_column_text]It\u2019s a federal crime for anyone who:<\/p>\n

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        1. knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, to engage in prostitution *please link to def*<\/strong> or any sexual activity that could be charged as a criminal offense, or attempts to do so or<\/li>\n
        2. persuades, induces, entices, or coerces any individual under age 18 to engage in prostitution or criminal sexual conduct *link to defs above*<\/strong>, or attempts to do using the mail or any facility or means of interstate commerce.<\/li>\n<\/ol>\n

          [\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text=”Transportation of Minors: it\u2019s a federal crime for anyone to:”][tm_spacer size=”lg:20″][vc_column_text]<\/p>\n

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          1. Knowingly transport a person under age 18 through interstate commerce<\/strong> *please link to def*<\/strong> for the purpose of engaging in prostitution or any sexual activity for which a person could be charged with a criminal offense;<\/li>\n
          2. Travel in interstate commerce, or travel into the US from foreign destinations for the purpose of engaging in illicit sexual conduct *link to def*<\/strong> with another person;<\/li>\n
          3. Travel in foreign commerce or reside temporarily in a foreign country and engage in illicit sexual conduct;<\/li>\n
          4. For the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person in interstate or foreign commerce for the purpose of engaging in illicit sexual conduct;<\/li>\n
          5. Attempt or conspire to do any of the above criminal activity.<\/li>\n<\/ol>\n

            What is the definition of \u201cillicit sexual conduct\u201d <\/strong>under this statute? It means any sexual act with a person under age 18, any commercial sex act with a person under age 18, or production of child pornography. The only good news under this statute is that it does<\/strong> allow for a mistake of age defense.[\/vc_column_text][tm_spacer size=”lg:40″][tm_heading tag=”h5″ custom_google_font=”” text=”Use of interstate facilities to transmit information about a minor:”][tm_spacer size=”lg:20″][vc_column_text]It\u2019s a federal crime for anyone to use the mail or any facility or means of interstate or foreign commerce to initiate the transmission of the name, address, contact or other identifying information of an individual under age 16 with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which a person could be charged with a criminal offense, or attempts to do so.<\/p>\n