Defending Against Charges of Soliciting a Minor Online

The rise of the internet has made it easier to commit sex crimes, particularly the solicitation of a minor. Once upon a time, a predator might have driven to a school parking lot and rolled down the window. Today, many people are arrested for contacting a minor online and proposing sex.

In Delaware, this is a tough crime to defend. The law allows you to be convicted even if the person on the other end of the internet connection is really an adult posing as a child. You can also be convicted even if you never meet up or engage in sexual activity. Below, we look at some possible defenses to this charge. Contact Michael W. Modica to speak with a Delaware internet solicitation of a minor defense lawyer for help with your case.

Defense #1: Someone Else Used Your Phone or Computer

Internet crimes are somewhat complicated for the police. At most, they have proof that someone using your computer or phone was in communication with a minor (or a person posing as a minor). However, you cannot indict a computer. Instead, the police need proof that you were the one using the device. If they do not have proof beyond a reasonable doubt, then you should walk free.

It is entirely possible that someone else was using your computer or was on your ISP (Internet Service Provider). For example, your WiFi could be available for a neighbor to use. Maybe he was in contact with a minor. Or maybe one of your children was logged into your computer and reached out to a minor to discuss sex.

The prosecution needs proof you were the one contacting the minor. They might not have that evidence.

Defense #2: No Solicitation Took Place

It is not illegal to talk to someone online, even a minor. Instead, the law requires that the defendant solicit, command, entice, request, encourage, or somehow attempt to cause a minor to engage in sex. Our firm will closely analyze the language used. You might only have engaged in sexual banter or joking.

Defense #3: Illegal Search and Seizure

This is a type of “technical” defense. The police need a search warrant supported by probable cause to search your possessions for evidence of a crime. Sometimes, police get “handsy” with cell phones. An officer might just pick it up and start scrolling through your phone while you are being handcuffed. If so, we can ask a judge to throw out of court any evidence found on the phone. In many cases, a prosecution collapses when evidence is suppressed.

Defense #4: Entrapment

Entrapment is an affirmative defense. Essentially, a defendant can admit they engaged in illegal activity but claim the police induced them to do so. Entrapment requires more than showing the police provided an opportunity to commit a crime by posing as a child online. Instead, entrapment consists of coercion, inducement, or other misconduct.

Speak with a Sex Crimes Lawyer in a Confidential Setting

Sex crimes carry some of the stiffest penalties. If you are facing charges, reach out to Michael W. Modica today to speak with a committed, experienced criminal defense attorney.

Source:

delcode.delaware.gov/title11/c005/sc05/index.html#1112A