The Miller test (also known as the Miller standard) is a test for determining what constitutes obscene material unprotected by the First Amendment to the United States Constitution. It was developed by the US Supreme Court in the case Miller v. California (1973). The test measures whether the average person, applying contemporary community standards, would find that the work appeals to prurient interest when looking at it as a complete work.
Laguna Beach Solicitation of a Minor Lawyer
Solicitation of a Minor Attorney In Laguna Beach, CA
Solicitation of a minor is a severe charge. Even if no physical contact occurred, merely setting up a meeting with a minor is considered a crime. These charges can come with social and criminal penalties. This can also come with reputational damage, whether you are charged or not. For this reason, you should seek legal help right away if you are accused or being investigated. A Laguna Beach solicitation of a minor lawyer can help you.
About The Law Offices of Jacqueline Goodman
Facing a solicitation of a minor charge in Laguna Beach can be an intimidating and life-altering experience. The Law Office of Jacqueline Goodman offers strong legal strategies and confidential representation for every client we serve.
Guided by seasoned attorneys who are professionals in sex crime defense, we go above and beyond to protect your rights, reputation, and future. Goodman Criminal Litigation possesses complete familiarity with Orange County’s court system while maintaining a steadfast dedication to delivering effective results in our defense strategy. Don’t face a solicitation of a minor charge in Laguna Beach without Jacqueline Goodman on your side.
Ready to defend your rights? Schedule your consultation with our child pornography attorney in Orange County at 714-879-5770!
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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.
Solicitation of a Minor Laws in California
In California, “solicitation of a minor” is defined in California Penal Code § 288.4 as an agreement to meet a minor for lewd purposes. Under California law, arranging a meeting with someone under 18 years of age or believed to be under 18 for lewd purposes can result in criminal charges even when no lewd activity takes place. The prosecution must demonstrate the following in order to establish that solicitation of a minor took place:
- A meeting was scheduled: The accused scheduled a meeting with the minor or the individual they thought was a minor.
- There was a sexual component: The defendant’s sexual interest in children served as motivation.
- The intention was to partake in obscene activities: The defendant intended to have sex, or perform sexually related activities, with the minor.
The meeting does not even have to have taken place. The fact that a meeting was planned is sufficient to bring charges. There are also additional charges possible. Sending harmful material to a minor is against California law. If there were any sexual communications, those charges could be tacked on as well.
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Solicitation of a Minor Penalties
It is common to classify soliciting a minor as a felony. Years in prison and hefty fines in the thousands of dollars are possible outcomes if found guilty. Usually, a felony solicitation charge entails mandatory sex offender registration as well.
A defendant may be placed in Tier Two or Tier Three for a 20-year or lifetime registration, depending on the facts and any records. This entails limitations on where an individual can live, work, and travel, in addition to ongoing reporting to law enforcement. More than 120,000 people are listed on the California sex offender registry.
A recent federal operation called Operation Restore Justice led to the release of 115 children and the arrest of 205 child sexual abuse offenders nationwide.
Collateral Penalties
In addition to the criminal penalties for solicitation of a minor, defendants face serious collateral non-criminal consequences that affect every area of life. When someone is convicted of felony solicitation of a minor in Laguna Beach, it often leads to the total revocation of their professional license. Once convicted for solicitation of a minor, defendants face immediate job termination while being permanently barred from future roles that involve childcare or public trust responsibilities.
The process of finding housing becomes complicated because registration requirements are just one part of the challenges posed by landlord background checks and local ordinances restricting residential areas for registered offenders. Parental rights may be terminated and visits put under surveillance when family courts hear allegations during divorce and custody disputes.
Hire a Solicitation of a Minor Lawyer
Facing a solicitation of a minor charge in Laguna Beach is serious, and you should hire a solicitation of a minor lawyer. These cases are highly complex, and the penalties are serious and lifelong. An experienced attorney can fight the evidence against you, protect your rights, and guide you through each step of the process.
Solicitation of a minor cases in Laguna Beach are prosecuted in Newport Beach at the Harbor Justice Center, and having a Laguna Beach solicitation of a minor attorney with experience and knowledge in that court is key to the outcome.
SOLICITATION OF A MINOR LAWS FAQ'S
Laguna Beach, CA
Contact The Law Offices of Jacqueline Goodman
If you or someone you know has been accused of solicitation of a minor, Goodman Criminal Litigation can help fight for your future. Contact us today for a consultation.