Solicitation of a Minor for Sex or Immoral Purposes
Without exception, all sex crimes that involve children are felonies. Getting felony representation cannot wait another minute if you are accused or charged with any sex crime; especially if the accusations suggest a child sex crime. Even a juvenile can be charged with a sex crime involving another juvenile!
Consent is not a defense when it comes to sex crimes with minors.
Contact ABDO LAW for a free consultation and find out your best moves if you are facing sex crime allegations as an adult or juvenile. Phone: (586) 412-5555. We will not let you talk to the police or take a polygraph until we know more about your case. Run, don’t walk, to our law office if the police say, “why do you need a lawyer if you didn’t do anything wrong.”Solicitation of a Minor for Immoral Purposes
Soliciting a child for immoral an immoral purpose is a felony. There are 2 Michigan statutes that deal specifically with the criminal offense solicitation of a minor. One requires the use of the internet or computer and the other does not. Under certain circumstances, an individual can be charged under both statutes without it constituting Double Jeopardy. The interaction does not have to actually involve a child as long as the alleged perpetrator believes that the communications were with a child. This is how the police get away with setting up a sting operation on the internet without ever involving a minor child.
MCL 750.145a, Accosting, enticing or soliciting child for immoral purpose: A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
MCL 750.145d Use of internet or computer system to commit a crime: A person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following: Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim or intended victim is a minor or is believed by that person to be a minor.Police Undercover Internet Sting Operations, Entrapment
The Macomb Area Computer Enforcement (MACE) reserve unit has existed since 2001. The MACE unit provides investigative information to law enforcement officers and the public with respect to a wide range of computer activity and cybercrimes including identity theft, child pornography and criminal sexual conduct involving child predators.
Law enforcement units, like MACE, use the internet to flush out potential child predators by having an undercover officer pretend to be a minor child. When an unsuspecting individual suggests an illegal activity with a police decoy, or solicits a child for an immoral purpose, the police may set up a meeting or track down the perpetrator by looking up the person’s unique computer address or IP address (internet protocol address). The defense of entrapment is rarely successful in situations where the police use undercover officers to set up sting operations.Know Your Rights If You Are Accused of a Child Sex Crime
All child sex crimes are felonies that carry serious ramifications including the possibility of a felony record, incarceration and registration on the Michigan Sex Offender Registry (SORA).
Your computer search history is maintained forever. Deleted images can be produced by computer forensic technicians and used against you. Local and federal law enforcement officers monitor file sharing sites and can track down those that share or possess inappropriate content. Possession of child pornography (child sexually abusive material) is a felony. If your computer or phone are confiscated, the police can use all images against you including images that have been deleted!
All individuals have rights pursuant to the United States Constitution. Knowing that you do not need to consent to a search (4 th Amendment) and that you have an absolute right to remain silent (5 th Amendment) are two rights that can save your life! Do not walk into an interview with the police without first getting advice from a local attorney. There are many variables that are out of your control when you talk to the police. Right off the bat, the police know that if you are coming in for an interview that you are probably denying the allegations. Thus, the police will use an interrogation to gather evidence other than a confession, including the following:
- Placing you at the crime scene.
- Establishing motive(s).
- Getting you to talk about your relationship with the alleged victim.
- Getting you to discuss any physical contact with the alleged victim (including accidental contact or consensual).
- Using inconsistencies to discredit your testimony.
- Obtaining passcodes to unlock devices.
- Accessing phone call log and text message history.
- Obtaining consent to search devices, vehicle or residence.
- Setting up a polygraph.
Contact the ABDO LAW FIRM immediately if you or a loved one is being investigated or charged with any Michigan sex crime. Do not make common mistakes like talking to the police or consenting to a search. Refusing consent to search does not give the police probable cause and your silence cannot be used against you.