A typical defendant will argue by saying, “I never touched her, so why am I being charged?
” A defendant is essentially charged for the simple act of communicating in a certain way with a minor.
When charged with online solicitation of a minor, a defendant should understand the charge and its defenses, the initial penalty, and the long-term consequences.
Online solicitation of a minor is a very frustrating charge for many defendants because it does not require a completed “act” with a minor.
For internet solicitation or online solicitation of a minor, the method of contact must involve some type of online or electronic means.
Online solicitation of a minor is a common form of solicitation of a minor, and involves communication through the internet during which the solicitation occurs.
Viable defenses remaining will depend on a particular state’s laws.
Some earlier laws required a defendant to actually communicate with a child and defendants could raise the defense of impossibility where prosecution involved communication with an officer who was merely posing as a child but who was in actuality an adult.
In response to the success of the impossibility defense, many state statutes changed their laws to permit a conviction based on a defendant’s belief that they were talking to a minor.
However, as technology expanded, so did online solicitation laws.
Some laws now include conversations through any electronic messaging services, emails, or text messages.