What Is Online Solicitation Of A Minor?
April 1, 2025 | Nafiz M. Ahmed
Online solicitation of a minor means using electronic means to communicate with a minor for the purposes of engaging in sexual activity with them, and it’s a crime with serious consequences when all of the elements necessary to commit the offense can be proven.
A suspect’s beliefs about who they are communicating with and their intentions about meeting the person are central to the prosecution of minor solicitation charges. A successful defense means creating doubt that sex was the motivation for arranging to meet the minor.
Arranging to Meet a Minor for Sex is a Crime in California
The California Penal Code describes the elements necessary for a person to be convicted of soliciting a minor using online or any other means. A person is guilty of a crime if they:
- Arrange a meeting
- With a minor or a person they believe is a minor
- Are motivated by an unnatural or abnormal sexual interest in children
- Intend to expose or view genitals, pubic, or rectal areas or engage in lewd or lascivious behavior
It is not necessary that the person solicited actually be a minor as long as the solicitor believes they are communicating with a minor. The motivation for meeting with the minor must be sexual. Lewd and lascivious behavior can include any kind of touching intended to arouse or gratify sexual desires.
Criminal Penalties for Online Solicitation of a Minor
The criminal penalties for soliciting a minor depend on how the crime is charged. While solicitation of a minor is often charged as a misdemeanor, it can be charged as a felony under certain circumstances.
If charged as a misdemeanor, the punishment can be jail time up to one year and a fine up to $5,000. Solicitation of a minor will be charged as a felony if the suspect has a prior sex crime conviction or shows up at the prearranged meeting place. A felony conviction can mean up to 4 years in prison and $10,000 in fines.
A new law aimed at sex trafficking took effect January 1, 2025. California Senate Bill (SB) 1414 made solicitation of a minor for prostitution punishable as a felony if the solicitor is 18 or older and the minor is under 16 (or under 18 and a victim of human trafficking).
Sex Offender Registration
Another serious consequence of a minor solicitation conviction is the requirement to register as a sex offender. There are three tiers of sex offender registration in California. First offenders generally fall under Tier 1 and must register for a minimum of 10 years. Tier 2 offenders must register for at least 20 years. Tier 3 offenders must register for life.
Possible Defenses to Charges of Solicitation of a Minor
There may be any number of reasons an adult might communicate with a minor online and arrange a meeting. The law is only concerned with protecting minors from being victimized by sexual predators. The following defenses to minor solicitation charges can be raised.
An Honest Belief the Victim Was Not a Minor
An element of the crime is that the accused believes the meeting has been arranged with a minor. The communications between the parties will be analyzed to determine their understanding of the minor’s age.
Not Motivated by Unnatural or Abnormal Sexual Interest in Children
An interest in children is not necessarily an unnatural or abnormal sexual interest. Demonstrating a motivation for meeting a minor for a reason other than sexual interest negates an element of the crime.
No Intention to Expose or View Genitals or Engage in Lewd or Lascivious Conduct
Where and when a meeting was scheduled, and the communications back and forth about the meeting can be evidence of an intention other than some type of sexual encounter or gratification.
Using any one of these defenses or others will require strong evidence. A criminal defense lawyer can help you gather the evidence you need and build a strong case.
Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500