The solicitation of a minor is a criminal offense where an individual who engages a conversation with a minor solicits or asks the minor to meet to participate in a sexual act or to another prohibited act.
You can hear this offense called meeting with a minor for obscene purposes or online solicitation of a minor.
The key to understanding the solicitation of a minor law in Maine is that no sexual conduct or even meeting with the minor is necessary for the accusations to be pressed. The solicitation simply asks the minor to meet or participate in sexual acts.
Consider laws, sanctions and possible defenses relevant for the solicitation of a minor in Maine.
Solicitation of a child to commit a prohibited act in Maine
In Maine, it is illegal for adults to be involved in sexual activity with a minor under the age of 16. Prohibited activities include sexual acts, sexual contact and a minor sexual exploitation.
More specifically, the law relating to the request of a child to commit a prohibited law, title 17 §259-a, indicates the following:
- A person is guilty of solicitation of a child to commit a prohibited act if:
- The actor, with the intention of engaging in a prohibited act with the other person, knowingly requests this person directly or indirectly by all means of engaging in a prohibited act and the actor:
- At least 16 years old,
- Knows or believes that the other person is under 14, and
- At least 3 years older than the age expressed by the other person.
There are different classes of this offense, depending on the age of the minor. If the child is under 12 years old, the offense is generally continued as a class C crime (crime) rather than a class D crime (offense).
In most cases in Maine, the solicitation of a minor occurs by contact via:
- A mobile phone, a smartphone or a tablet (word, text messaging or sexing)
- A computer (online chat rooms)
- Another online service
Solicitation of a child for commercial sexual exploitation
Another section of the solicitation of a minor laws in Maine, title 17-A §259-B, addresses the solicitation of a child for commercial sexual exploitation, which is a distinct but connected offense:
A person is guilty of soliciting a child for a commercial sexual exploitation if the actor knowingly requests directly or indirectly by all the means that the actor knows or believes is under the age of 18 to engage in an act of prostitution …
“Prostitution” is defined as “committing or agreeing to commit or offer to engage in a sexual act or sexual contact … in exchange for a pecuniary service to be received by the prostitute or a third person”.
Penalties for the solicitation of a minor
The laws of prostitution in Maine have changed in recent years to effectively decriminalize prostitution (so that the victims of prostitution are not continued). At the same time, however, the crime of solicitation of a child for commercial sexual exploitation was raised by an offense to a crime.
This means that any person sentenced to exploiting children by prostitution will be punished in the form of a criminal, with the following severe penalties.
- A class C crime (Felony) is liable to a sentence of up to five years in prison and / or a fine of up to $ 5,000.
- A Class B crime (Felony) is liable to a sentence of up to 10 years in prison and / or a fine of up to $ 10,000.
Mandatory reports in Maine
According to title 22 §4011-A of Maine Health and Welfare Code, some people are held by law in Maine to report the suspected abuse or negligence of children, including sexual abuse, juvenile pornography or other forms of exploitation.
People such as authorized caregivers (health professionals, teachers, first stakeholders, religious workers, etc.) must report such an activity at the local district prosecutor’s office if they observe it while acting in their professional capacities. An additional requirement indicates that whoever suspects a minor child not to live with his legal guardian must point out.
Mandated journalists must also undergo training every four years in this regard.
Accused of sexual crime? (Video)
https://www.youtube.com/watch?v=%20jyzdpGyn0tu
Recorded offenders
Below Sexual delinquents’ registration actA criminal condemnation for soliciting a minor will submit an individual to a lifetime recording as a sex offender with the Maine’s sex offender register:
The courts of Maine will order the registration once the individual has been sentenced and has served a required prison sentence.
All people who move in the state of Maine and who have been found guilty of comparable crimes in their old residence can be required to register as sex offenders in Maine.
Possible defenses in the solicitation of a minor in Maine
As with all the criminal affairs of the Maine, the defendants accused of solicitation of a minor have the right to defend the accusations brought against them.
The most relevant defense will depend on the precise circumstances of the case. As a rule, however, a criminal defense lawyer will focus on one of the following elements:
- The accused did not plan a meeting with the minor to engage in sexual relations but for non -sexual ends instead.
- The person did not know or believed that the “victim” was a minor.
- The defendant was the victim of trapping by the police (for example, during an “bite operation” of infiltration) with excessive pressure on the accused to commit the act – and the act was only committed because of this.
Due to the serious potential consequences for the immediate and long -term future of the accused, the request for the help of a lawyer qualified for criminal defense is essential for any person accused of offenses against minors.
After a first consultation to establish the facts and advise you on your legal options, a defense lawyer will carefully build a defense which aims to throw a reasonable doubt about the accusations against you.
Remember that the lawyer-client relationship allows potentially embarrassing discussions to remain confidential.
If you have been accused of soliciting a minor in Maine, contact the Maine Criminal Defense Group directly online or call us to (207) 571-8146 to speak with an experienced criminal defense lawyer who can help you.