Unlawful Contact with a Minor in Pennsylvania: Elements and Defenses

When navigating the sensitive legal landscape surrounding interactions between adults and minors, it’s crucial to understand the specifics of the law. In Pennsylvania, unlawful contact with a minor is a serious offense with clearly defined legal elements and potential defenses.

Elements of the Offense

Unlawful contact with a minor in Pennsylvania involves several specific elements that must be present for a conviction:

1. Age Difference: The adult engaging in the contact must be at least four years older than the minor.
2. Knowledgeable Engagement: The adult knowingly engages in a prohibited form of communication, such as discussions about sexual matters, sending explicit materials, or discussing inappropriate acts.
3. Intent: The adult must intend to meet the minor with the purpose of engaging in sexual activity or another illegal act.
4. Action: There is an action component where the adult either meets with the minor or travels with the intention of such a meeting for the purpose of conducting the prohibited activity.

These criteria are crucial to any legal determination of guilt. It’s the responsibility of the prosecution to prove these elements beyond a reasonable doubt.

Legal Defenses

Defense strategies against charges of unlawful contact with a minor might include the following:

• Lack of Intent: Arguing that there was no intent to commit a sexual act or unlawful conduct, which often hinges on the nature of the communication that took place.
• Mistake of Age: If the minor actively misrepresented themselves as being of age, this could potentially serve as a defense if the adult reasonably believed the minor was not indeed a minor.
• Insufficient Evidence: Challenging the sufficiency of evidence to prove that the communication or intended activity did indeed take place.
• Constitutional Violations:
• Entrapment: This defense could be invoked if the individual was induced by law enforcement to commit an offense they would not have otherwise committed.
• Illegal Search and Seizure: Unlawfully obtained evidence, such as through an illegal search without a warrant or probable cause, could result in evidence being excluded from consideration.

It’s worth noting that defenses such as entrapment and illegal search and seizure revolve around constitutional rights; therefore, any challenge on these grounds needs to be carefully constructed and substantiated.

For those accused of unlawful communication with a minor, acquiring proficient legal representation is vital. An attorney who is knowledgeable in this area of law can offer advice on the applicability and likelihood of success of these defenses within the unique context of each case.

Conclusion

Allegations of unlawful contact with a minor carry heavy consequences, and understanding both the elements of the offense and the potential defenses is essential for a fair legal process. Those involved in such cases should seek comprehensive legal counsel to ensure their rights are upheld and to navigate the complexities of the justice system in Pennsylvania.

West Chester Pennsylvania Sex Crimes Lawyer  

It may be possible to fight your Pennsylvania Sex Crimes charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge.

We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.

We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with serious Sex Crime charges including but not limited to Sexual Assault, Aggravated Sexual Assault, Statutory Sexual Assault, IDSI, Involuntary Deviant Sexual Intercourse, Indecent Assault, Indecent Exposure, Child Pornography, Rape, Statutory Rape, Corruption of Minors, Child Molestation and Illegal Contact with a Minor throughout Pennsylvania including but not limited to

Philadelphia, Lancaster, Allentown, Oxford, Exton, Phoenixville, Parkesburg, Malvern, Coatesville, Lionville, Chesterbrook, Devon, Newtown Square, Berwyn, Wynnewood, Villanova, Glen Mills, Concordville, Pottstown, Downingtown, Kennett Square, Chadds Ford, King of Prussia and beyond.

You deserve a West Chester Pennsylvania Sex Crimes Lawyer that is available when you need him, treats you with respect, and protects your rights vigorously.  For more information or to schedule an appointment with an experienced Pennsylvania Sex Crime Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.