Huntington Beach Solicitation of a Minor Lawyer

What Are the Solicitation of a Minor Laws in California?

California Penal Code § 288.4 defines solicitation of a minor as arranging a meeting with a minor for lewd activities.

In California, a person who arranges to meet with another person under the age of 18 or with a person that they believe is under the age of 18, with the intent to expose their genitals to the other person, engage in lewd or lascivious conduct with that person, or cause that person to expose their genitals, they may be charged with a crime even if the lewd or lascivious act is never actually carried out.

These allegations do not have to permanently alter the course of your life. Schedule a confidential consultation by calling (714) 266-3945 or filling out an online contact form today.

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Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.

Proving That It Happened

To prove that solicitation of a minor occurred, the prosecution is responsible for proving the following:

• There was a meeting arranged:  The accused set up an arrangement to meet with the minor, or the person they believed was a minor.
• There was a sexually motivated element: The defendant was motivated by a sexual interest in minors.
• There was an intent to engage in lewd activities: There was an intent on behalf of the defendant to engage in sexual acts with the minor.

The meeting does not have to have actually occurred. Just having a meeting arranged is enough to initiate charges. Additionally, extra charges may apply. For instance, it is against California law to send harmful material to a minor. If sexual communications were exchanged, these charges may be added.

Penalties in Solicitation of a Minor Cases

Solicitation of a minor in Huntington Beach is frequently categorized as a felony. If convicted, this can result in years in prison and hefty fines. A felony solicitation charge will typically also mean mandatory sex offender registration. Based on the facts and any record, a defendant might be placed in Tier Two or Tier Three for 20 years or lifetime registration.

This means continuous reporting to law enforcement, as well as restrictions on where a person can live, work, and travel. In the state of California, there are over 120,000 individuals on the sex offender registry.

Operation Restore Justice, a recent federal operation, resulted in the arrest of 205 child sexual abuse offenders nationwide and the release of 115 children.

Additional Penalties

In addition to criminal consequences, a defendant in a solicitation of a minor case can face severe non-criminal penalties that can affect all aspects of life. A felony conviction for soliciting a minor can result in the complete loss of a professional license. Many defendants lose their jobs or professional licenses and can be immediately terminated and forever disqualified from future employment working with minors or in a position of public trust.

It can also be very difficult to find housing, not only because of registration requirements, but also due to landlord background checks and local community ordinances that limit where a registered offender can live. Family court matters like divorce, custody disputes, and visitation rights face major changes due to allegations that might lead to monitored visits or complete parental rights termination.

Immigration can also be put in jeopardy as these types of crimes are considered ones of moral turpitude. This can result in the revocation of immigration rights.