Solicitation of a Minor for Sex or Immoral Purposes

There are actually 2 Michigan statutes that deal specifically with the criminal offense solicitation of a minor. One requires the use of the internet and the other does not. MCL 750.145a Accosting, Enticing or Soliciting Child for Immoral Purpose This statue does not require the use of the internet and involves soliciting or encouragement of a child less than 16 years of age with the intent to induce that child to commit an immoral act, sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency. This is 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 to Solicit a Child (Under Age 18) to Commit a Sexual Act: In general, this statue makes it a criminal offense subject to various penalties punishable by imprisonment from 1 to 20 years for a person to use the internet or computer system to communicate with any person or minor for the purpose of soliciting the other to commit one of the listed criminal acts including: engaging in child pornography or engaging in a sexual act with a minor. The penalties vary according to the serious of the underlying criminal act. For example:
  • If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of 2 years or more but less than 4 years, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
  • (e) If the underlying crime is a felony punishable by a maximum term of imprisonment of 10 years or more but less than 15 years, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
  • If the underlying crime is a felony punishable by a maximum term of imprisonment of 15 years or more or for life, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

These cases may involve minors or undercover police representing to be minors on bogus websites or internet chat rooms. It is a crime if you reasonably believed the person you were communicating with was a minor! The ramifications of a criminal sex charge involving a minor, including child pornography crimes, are enormous. There is the possibility of prison along with registration as a sex offender (SORA) for several years. There are numerous issues which may be relevant to your particular case including: unscrupulous police tactics and/or misconstrued conversation(s). The defense of entrapment may also be used but it has been diluted by the appellate courts and is rarely successful.

We know that once you find yourself in this position, you are not able to function or think clearly and need an attorney to represent you and protect your rights. Contact the ABDO LAW FIRM immediately if you are 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.