West Chester Minor Solicitation Lawyer

A person may not solicit a minor—or a law enforcement officer who is posing as a minor—to engage in activities that would be unlawful for the minor to engage in. The term “solicit” means to urge, request, authorize, or advise the minor, whether in person, through another person, over the phone, through any type of print media, through the mail, or through email, text, or any other electronic means. Whether you are charged through federal or Pennsylvania state laws, you will certainly face severe penalties if you are convicted of the crime of solicitation of a minor.

It is important that you not decide to plead guilty to the charges of solicitation of a minor simply because you don’t think you have any other choice. Cases of solicitation of a minor are very fact-specific, and there are a number of defenses that may apply in your particular case. Whether you are innocent of the charges entirely or you made a one-time error in judgment, having an experienced Pennsylvania criminal defense attorney by your side is crucial to the outcome of your charges.

When to Hire an Attorney if You Are Accused of Solicitation of a Minor

In many cases, those charged with this type of crime may find that they are facing charges or accusations unfairly, or they may not even be sure what is occurring. Because this is such an important and serious case, it is critical to hire an attorney immediately, even if you believe yourself to be 100% innocent. Not doing so exposes you to significant risk.

This is critical for several reasons:

• Once the police believe they have a criminal, they will take every step possible to prove it, and that may come at the risk of your rights.
• If you say something that can be taken out of context, it could be used against you, and no one is necessarily going to tell you that besides your attorney.
• Individuals accused of or being questioned about solicitation like this are often told statements such as “only guilty people need attorneys.” This is a violation of your rights – you have the right to request an attorney, and when you make that request, it must be provided to you.
• You have rights. Even if you committed the accusation, you have legal rights to support and guidance from an attorney. Even if you decide to plead out your case, it may be possible to reduce some of the consequences in some situations.
• In some situations, police, detectives, and others will act very friendly and even try to manipulate your thinking or try to get you to admit that you did something. You need an attorney to guide you through this process.

Solicitation of a minor is a serious crime that carries substantial penalties. If you believe you may be targeted in any way or you may be questioned in some way, it is absolutely critical that you protect yourself. Contact an attorney immediately for help.

What is the Solicitation of a Minor?

If you asked a minor to engage in a conversation of a sexual nature, then perhaps asked to meet the minor for the purpose of engaging in sexual activities, then you engaged in solicitation of a minor. Any time an adult intentionally entices, allures, persuades, or invites a minor to enter a vehicle, home, office, or other dwelling for the purpose of having a sexual encounter, solicitation of a minor has occurred. In our digital age, solicitation of a minor most often occurs over the computer, but it is important to know that attempting to solicit or entice a child—whether over the computer or in person—can result in solicitation charges, even if you never carried out the offense. 

Clarifying Solicitation of a Minor: It Is Not Always Simple

It is critical for anyone accused of solicitation of a minor to fully understand what they are facing and when these charges actually apply to their situation. Unfortunately, there can be a lot of gray areas here, and that can often lead to confusion and, in some cases, a lack of understanding of your rights.

• Solicitation of a minor applies to any situation in which an adult tries to get a minor to do something illegal.
• It can include asking.
• It may also include enticing them to do something.
• It may even involve phrases a request as if it is an option even though it is understood it is not.
• It may be a plea as well.

Also, note that this applies to anyone under the age of 18. In situations where the victim is under 18, and the solicitor knows that it can be considered a solicitation of a minor.

Remember, too, that you may face criminal charges even if no sexual conduct actually took place. You may face charges even if you never meet the minor in person. Do not assume that because this did not happen you are protected or less at risk.

Falsely Accused of Solicitation of a Minor?

Unfortunately, sometimes false allegations are made, which can be very difficult to deal with. Your communications may not have been meant in a sexual way at all—you might have just been being friendly to the minor. Or, perhaps someone else used your computer or your cell phone, and you knew nothing about the communications until you were charged. You could be the victim of entrapment, meaning you were coaxed into saying things by a police officer posing as a minor, and, under normal circumstances, you would not have spoken to a minor in an inappropriate manner.

You may have thought the person you were communicating with on the Internet was 18 or older because he or she told you so, therefore you are not guilty of the solicitation of a minor. You may have communicated with a minor, in a way that could have been misconstrued, or in a way that was just on the edge of inappropriate, in a chat room or through a text or email, yet did not complete the act with the minor. There are many different scenarios that could have resulted in your charges of solicitation of a minor, and only a knowledgeable Pennsylvania criminal defense attorney will be able to sort out the facts of the case and build a solid defense on your behalf. 

Penalties Associated with Solicitation of a Minor

If you are convicted of traveling to meet a minor, you could serve a minimum of 21 months in Pennsylvania state prison, pay heavy fines, and you could be required to register as a sex offender. You could also be subject to sex offender counseling, probation or even house arrest with a curfew, random searches of your person, vehicle or residence, annual polygraph exams, and you could be unable to have contact with minor children.  

Potential Defenses for Solicitation of a Minor

If you are charged with Solicitation of a Minor, or Traveling to Meet a Minor, your attorney will build a defense on your behalf based on the circumstances surrounding your charges, however, the following are some of the more common defenses used in this situation:

• If you are charged with Traveling to Meet a Minor, there must be proof that you traveled for the specific purpose of engaging in sexual activity with a child; if you communicated with the minor for a lawful purpose, then there is no intent.
• ·If you only responded to an offer of sex and did not attempt to persuade the child yourself, then there is no intention or act to seduce the child.
• You may have believed the person was an adult and had no intentions of interacting with a minor.
• You were entrapped by law enforcement, who acted in a way that misled you, or the police may have misinterpreted your words to have a criminal meaning.
• Other people had access to your computer or your phone, and you were not the person soliciting a minor.
• There were mitigating factors, i.e. you suffer from a mental or emotional condition that makes you more comfortable seeking personal relationships through electronic communications;
• There was ambiguity in your communications with the minor—in other words, there was no intent to engage in sex, only sexual banter.
• This is your first offense, and you have shown genuine remorse for your actions. 
• The alleged victim initiated the contact or was a willing participant. 
• You intend to cooperate fully with law enforcement to help them arrest another person who has committed a more serious crime, in exchange for a plea bargain.

If you are facing Pennsylvania charges of Solicitation of a Minor, it is extremely important that you speak to a skilled criminal defense attorney as soon as you are charged. Your attorney will aggressively investigate your charges and then will build the best defense for you. Don’t try to face these charges alone—you could end up behind bars for a considerable amount of time.

What Is the Long-Term Impact of Socialization of a Minor?

As your attorney, we make it our job to do all we can to prove you are innocent and if that is not possible, to get your charges reduced. In some situations, those accused of this type of crime may find the evidence against them compelling and may feel there is nothing they can do. Do not simply plead guilty and accept your fate. Numerous complicated consequences come from this type of charge. Do everything you can to minimize these charges against you.

These types of crimes can impact your life in every way. This includes:

• Getting a job or maintaining your current job, even if you are good at it and have a strong record of success
• Getting a loan or purchasing a home or car
• Getting loans for education or for other needs you have
• Relationships since these types of crimes are public knowledge and are often exploited by the media
• Difficulty finding a place to live due to restrictions on location due to children
• Complications within your family, including mistreatment
• Abuse and retaliation actions against you by others, often uninvolved third parties

As explained, some of these complaints can seem innocent, and you may not have had any negative intentions. Yet, this could follow you through all facets of your life for years to come. While we cannot promise you any type of outcome, we will work closely with you to ensure your rights remain protected and that every possible defense strategy is used to resolve this matter in the best possible manner.

Can Your Record Be Sealed in PA?

In situations where you are found guilty, do your time, and want to move on, you may be wondering if you can petition the court to seal your record so as to protect your future and give you a fighting chance at recovery.

In PA, the government took action to make it more accessible for people to have their records sealed. Prior to this, the process was difficult and nearly impossible to navigate. It is not always possible to do so, and the details of your case often determine your outcome. However, this is something our defense attorney can help you to pursue if it applies to your situation.

This falls under the Clean Slate laws in PA. In some situations, such as those who have only a summary conviction or are facing a third-degree or second-degree misdemeanor, the process may even be automatic after a period of 5 to 10 years. Even if it is not, you can request help for this process when you reach 10 years, and you prove that, during that time, you have done nothing to violate the rules against you. If you believe you should be able to take this action now or want to learn more, contact our criminal defense attorney for guidance.

Contact a West Chester Minor Solicitation Lawyer Today

The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of sexual assault crimes. Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.