Meeting a Minor for Lewd Purposes Attorney

In California, it is illegal to engage in a sex act with a minor and to attempt to meet with one for lewd purposes. Under California Penal Code section 288.4 (PC), you can be charged with the solicitation of a minor, even if the other person involved was actually an adult. The laws concerning sexual acts with a juvenile are so complex and the penalties are dire. Always speak with a lawyer as soon as possible if you have been accused of attempting to have sexual relations with someone under 18.

Soliciting a Minor Charges in California

State law allows people to be charged with sex crimes against minors even if they never even touched a child, as long as they attempted to arrange a meeting for that purpose. Under 288.4 (PC), it is a crime to arrange to meet with a minor when your actions are “motivated by an unnatural or abnormal sexual interest in children” for the purpose of “exposing your pubic or rectal area, having the child expose his or her genitals or rectal area, or engaging in lewd or lascivious behavior.”

The person the defendant attempts to arrange a meeting with doesn’t even need to be under 18 under the law. They can still be charged and found guilty of soliciting sex with a minor as long as they believed they were talking to a minor. Many people accused of this offense are arrested in sting operations where law enforcement officers pretend to be juveniles to catch people committing this crime.

Is Soliciting a Minor a Felony?

It depends. Meeting a minor for lewd purposes is a felony under 288.4(b) (PC). However, arranging to meet a juvenile for sex without actually showing up at the meeting place is a misdemeanor in most cases. If someone has a prior conviction for a crime that required them to register as a sex offender though, the case will always be a felony even if the defendant did not appear at the meeting place.

Sentencing for 288.4 (PC)

If someone doesn’t have a prior sex crime on their record and didn’t show up to meet the juvenile, they will face misdemeanor charges under 288.4(a) (PC). This offense is punishable by up to one year in county jail. If the minor was a prostitute, defendants face an additional $25,000 fine.

When charged as a felony, meeting a minor for lewd purposes is punishable by up to 4 years in prison.

Sex Offender Registry Requirements

Most offenders will be required to register as sex offenders for the next ten years, whether charged with a misdemeanor or felony. However, those with a previous sex offense on their record are subject to lifetime registration.

Defenses to Meeting a Child for Lewd Purposes

If you have been accused of soliciting a minor, do not speak with the police without a lawyer present. Always insist on speaking with an attorney with experience defending those accused of California sex offenses, particularly those involving lewd acts against a minor or a person under 18. Remember, anything you say to the police can be used against you. Officers use many different tactics to trick people into confessing to crimes.

Most cases involving accusations related to attempting to arrange a meeting for the purposes of sex with a minor occur online. For this reason, your attorney should have experience handling computer crimes defense to best protect you against the illegal search and seizure of your property, including electronic devices.

Is it Entrapment?

Your attorney should also understand the ins and outs of entrapment laws. In San Diego County, the police often run sting operations online to lure alleged child predators to meet an officer. This is not entrapment since a law-abiding citizen would not meet a child for sex.

Mistaken Identity

Strong defenses against 288.4 (PC) include arguing that you were the victim of mistaken identity or were wrongly accused. It is common for those charged with online crimes to be accused mainly based on their IP address. This is not enough evidence to secure a conviction —unless you say something that could be considered a confession. Alternatively, many people are wrongly accused of this offense to harm their reputation or cause them to suffer.

The Prosecution Lacks Proof

Remember that even in cases like these, the burden of proof lies on the prosecutor. The District Attorney must prove that:

1. The defendant appeared at a meeting place intending to meet a child or attempted to arrange a meeting with a minor
2. The defendant was motivated by an abnormal or unnatural interest in child
3. The defendant intended to expose their genitals, have the child expose their genitals, or engage in lewd or lascivious behavior with the child

In other words, no crime occurred if there was no plan to meet. Alternatively, if the defendant is a community leader who attempts to help kids in exploitative environments and who showed up with others ready to help the juvenile rather than engage in sexual activities, it would be unlikely they would be found guilty.

Don’t Provide Further Evidence

If you have been accused of the sexual solicitation of a minor, avoid answering texts, emails, DMs, or phone calls with the minor or their parents. A common way police uncover evidence in these cases is by setting up conversations between the alleged victim and the person accused of arranging a meeting with a child for lewd purposes. Even saying something like “I’m sorry” can be used as evidence of your guilt in these cases. Never speak with the police, the victim, or the victim’s parents without your attorney present.

Related Charges

Those accused of this offense are likely to be charged with other crimes, especially if they arrived to meet the child.

Attempted Child Molestation

Showing up at the meeting place will typically also result in the defendant being charged with attempted child molestation if they thought the minor was under 14 or if they thought the minor was 15 or under and they were at least 10 years older at the time. As an attempted crime, the sentence for this offense is up to half of what the crime typically carries. Because child molestation is punishable by up to 8 years in prison, attempting to molest a child is punishable by 4 years instead. Those convicted of this offense will also be subjected to a 20-year registration on the sex offender registry.

Solicitation of Prostitution

If the minor was a sex worker, the defendant may also face prostitution solicitation charges. These offenses are usually misdemeanors. However, if the juvenile was under 16 or the victim of human trafficking, the offense becomes a wobbler, meaning it can be charged as a felony or misdemeanor. Those who have prior offenses on their record would always face felony charges. Note that the age-related enhancements to this crime do not apply if the defendant was under 18 at the time of the crime.

With such serious consequences at play, anyone accused of 288.4 (PC) or any other crime related to sexual interactions with a minor should always contact a defense attorney immediately. With over 40 years of experience, Peter M. Liss has a proven track record of helping people fight these types of offenses. He can help you too. Please call (760) 643-4050 to schedule a free consultation.