Rosenblum Schwartz & Fry

Important questions in online solicitation cases

If you have been arrested on suspicion of soliciting a minor online, it is understandable that you are scared. But make no mistake, you are innocent until the prosecution proves that you are guilty beyond a reasonable doubt. With that, a number of facts must be proven in order to convict you of such a crime. This post will highlight a few of the questions that must be answered.

Was it actually you who solicited the minor – Indeed, your IP address may indicate that it was your computer or tablet that was used in the conversation with the alleged illegal contact, but what facts indicate that you were the person who actually lured, enticed or encouraged the minor to meet and perform a sexual act. 

How was a meeting requested? – While an actual meeting does not have to take place for a crime to be committed, there has to be an affirmative request for one. Tongue-in-cheek references and flirtations may not be actionable.

How did you know the person was a minor? – Proving that you knew the person on the other side was a minor is an essential element in proving a crime occurred. If you were shown pictures or specifically told that you were interacting with an underage person, this is important to know.

Because of these questions and ambiguities, it is important to speak with an experienced criminal defense attorney as soon you can if you are being investigated or have been arrested.

The preceding is not legal advice. 

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Rosenblum Schwartz & Fry

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