You can never truly know who you’re talking to online, which creates opportunities for you to fall into significant legal trouble. If you’re not cautious with who you talk to on the internet, and what you talk about, you can be charged with a felony.
The proliferation of apps like Tinder and Bumble has made it especially important to be careful online. You likely won’t be charged with online solicitation of a minor if you just talk to an underage person through these apps. You’ll also be protected if the minor lied about their age to use different services.
Taking things further will face you with felony charges, which can ruin your life. The consequences extend past spending a decade in prison; even after leaving prison, your crime will follow you.
You only need to make a single mistake to change your life forever. But mistakes do happen, and when they do, you should research the charge so you can know what your next steps are. Keep reading below to learn what you should expect if you’ve been charged with online solicitation of a minor.
Online Solicitation of a Minor Is a Felony
The most important thing to remember about online solicitation of a minor is that it’s both a felony and state crime. That means you may face two different sentences from two different courts. The minimum sentence for the federal charges is a decade in prison, but Texas law punishes people with a minimum of 20 years.
The consequences of being charged with this crime don’t end after prison. After reentering society, people charged with online solicitation of a minor may find it harder to find a job. They may not be able to get credit as easily and may have a tougher time finding housing.
This is because a felony will always pop up on a background check, which is usually run whenever someone tries to do something. Making the steps necessary to reclaim their old lives will be harder for people charged with felonies.
You Don’t Ever Know Who Someone Truly Is on the Internet
It’s impossible to ever know if someone is really telling the truth online. That can actually work to your advantage if you solicited someone who was lying about their age online. You could argue that you were misled and would have had no intention of meeting the person if you knew their real age.
It can be argued that services and companies have a responsibility to protect children as much as you. By allowing a child to use their platform and solicit you, they may have been criminally negligent.
However, there is no defense if you follow through with any act. And if there was a way for you to know the person’s real age, you may not have much of a defense. If you solicited someone after they revealed their true age, you will face severe penalties.
Penalties Are Severe, and Worse Than You Think
The sentences for online solicitation of a minor can vary by state. In Texas, for example, people are charged with a minimum of 20 years in prison on top of their federal charges. Federally, people get a minimum of 10 years and will have a felony on their records.
But those are only minimum sentences. If a person demonstrated intent to follow through with anything after soliciting a minor, judges may hand them a harsher penalty. Judges take many things into consideration when deciding how to treat a person.
They look at a person’s demeanor in the courtroom – showing remorse usually leads to a lighter sentence. They also consider other factors such as a person’s mental state during the crime, and how much information they had. If they were taking drugs or were being lied to, that may affect the judge’s decision.
There Are Few Defenses You Can Use
One official defense is on the books that can help someone get off the hook for online solicitation of a minor. If the person was married to the minor, they will not be charged with anything. It won’t just mitigate the sentences a person receives, they defend them entirely, in the state.
Another defense people usually use considers the accused’s age. If they are less than three years older than the minor, a lawyer will be able to make a strong argument protecting the accused. However, there must be evidence that the minor consented to everything that happened.
Other than these, the only defenses people can use will simply mitigate the charges. They may help convince the prosecution to bring charges down to something less serious. They may also convince the judge to hand someone a more lenient sentence.
Yet, only the first two defenses will help get a person off the hook.
Hire a Lawyer to Negotiate with Prosecution
The most important thing a person can do after being charged with online solicitation of a minor is to hire a lawyer. Without a lawyer, the accused will be lost in a maze of bureaucratic paperwork and legalese. They may not be fully aware of their rights, and it will be easy for them to make matters worse.
Yet, with a lawyer, people will have someone they can depend on to navigate the complex laws surrounding online solicitation. More than that, they will have someone who will counsel them about their legal situation. People will be able to more fully understand the charges, what happens in a courtroom, and what their future may be like.
The Charge Is Not the End for You
An online solicitation of a minor charge is not the end of anyone. While it’s nervewracking to face between 30 years and life in prison, there is still time. The legal process exists to ensure that people are handed fair and unbiased punishments.
During the trial, many things will be taken into account to determine the severity of the crime. For the accused, it may feel like they’re being placed under a microscope. Yet, that’s a good thing.
By investigating a person so thoroughly, it will be easy to tell if they deserve a lighter punishment. And a good lawyer will ensure that they are treated right, as determined by law.
Request a Free Consultation with Sex Crime Defense Attorney Mario Madrid:
Contact us if you’re facing an online solicitation charge, and we will work with you to ensure you get the best legal counsel as possible.
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