Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
Solicitation of a minor is a criminal offense whereby a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act.
The crime is sometimes referred to as
If a person is convicted of the offense, most states charge the crime as a felony and punish an offender with a state prison term of four years or more. A conviction also means the defendant will have to register as a sex offender.
Criminal defense attorneys often draw upon certain legal strategies to challenge solicitation charges. Some of these strategies include showing that the accused:
Most state criminal laws say that a person commits the crime of soliciting a minor when:
Note that criminal charges are brought even if:
The asking of the minor to engage in sex is what triggers the offense.
Most states say that a person is a minor if he/she is 17 years of age or under.[1] Further, most jurisdictions say that a person can be charged of solicitation if the defendant merely believed the “victim” was a minor, even if that person was not underage.
Keep in mind that a person is only guilty of this offense if he/she has some type of sexual motivation for meeting a minor. If a person tried to arrange a meeting because of another, non-sexual motivation, then that person is not guilty of solicitation.
In most of these types of cases, the solicitation involved takes place by way of:
Some states charge the online solicitation of a minor as a separate offense.
Most states charge solicitation as a felony (as opposed to a misdemeanor).
Some states have varying degrees of felonies (for example, second-degree felony or third-degree felony). The facts of the case will dictate which degree gets charged.
Sex crimes of this nature are typically punishable by:
Note that most jurisdictions will impose harsher sentences when certain facts are present. For example, a defendant may receive more years in prison if:
In addition to the above penalties, a person convicted of solicitation will generally have to register as a sex offender.
Note that sometimes these sexual offenses involve violations of a state’s child pornography laws. These laws make it a sex crime for a person to send, transport, duplicate, print, advertise or possess child pornography, or to hire or persuade minors to participate in making pornographic imagery or explicit material of some type.
Solicitation penalties will grow much more severe if they involve child pornography convictions.
Defendants have the right to challenge solicitation charges with a legal defense. Common defenses include the accused showing that he/she:
As to the last defense, entrapment is often used when defendants get arrested for solicitation during sting operations. These operations occur when police or law enforcement officers work undercover to catch a predator.
The entrapment defense applies to overbearing official conduct on the part of police officers, like pressure, harassment, fraud, flattery, or threats. It is an acceptable legal defense provided that the accused shows he/she only committed the crime because of the entrapment.
It is critical for people charged with this crime to seek the help of a skilled criminal defense lawyer. An attorney will provide legal advice on which type of defense will:
Most defense lawyers provide a free consultation and most communications with an attorney are protected by the attorney-client relationship. The latter means that potentially embarrassing discussions are kept from the public domain.
In California, solicitation of a minor is charged as “arranging a meeting with a minor for lewd purposes.” The applicable statute is Penal Code 288.4 PC.
Under this code section, it is a crime for a person to:
The intended “sexual conduct” that can support Penal Code 288.4 charges includes:
A violation of this law is a wobbler offense, meaning the legal matter can be charged as either a misdemeanor or a felony depending on:
Misdemeanor violations are punishable by:
Felony violations are punishable by:
All persons convicted under PC 288.4 must register as a tier one sex offender, which carries a minimum 10-year registration requirement.[6]
Legal Citations:
[1] See, for example, Black’s Law Dictionary, Sixth Edition – “Minor.”
[2] California Penal Code 288.4 PC.
[3] See same.
[4] See same.
[5] See same.
[6] See same.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.