Baltimore Online Solicitation of a Minor Defense Lawyers

Aggressive Defense Against Online Solicitation Charges in Maryland

The internet has changed the way people interact, and this has led to situations where people may face criminal charges that could lead to severe consequences. Online solicitation of a minor is treated as a serious offense, and law enforcement agencies at the local, state, and federal levels may investigate and prosecute these cases. A conviction can result in a lengthy prison sentence, the requirement to register as a sex offender, and other penalties that could affect every aspect of a person's life.

Regardless of whether a person believed they were engaged in legal online communication, was the target of a sting operation, is facing charges based on misunderstood conduct, or has been charged with a sex crime in another situation, legal representation from an experienced attorney can be crucial. The lawyers at Silverman Thompson represent people in Baltimore and throughout Maryland who are facing charges of online solicitation and related offenses. We work to protect our clients' rights and develop effective defense strategies on their behalf.

How Maryland Law Addresses the Online Solicitation of a Minor

Under Maryland law, it is a criminal offense for a person to solicit a minor to engage in activities that would be considered child sex crimes. The solicitation of a minor may involve any actions or communications using the internet or other methods in which a person requests or encourages a minor to engage in sexual activities.

Notably, this offense may apply in any situation where the alleged offender believed a person to be a minor. Even if they were actually communicating with an adult law enforcement officer posing as a minor, they could be charged with online solicitation if they believed that the person was under the age of 18.

Online solicitation of a minor is a felony offense in Maryland. A first conviction carries a potential sentence of up to 10 years in prison and a fine of up to $25,000. A second or subsequent conviction carries enhanced penalties of up to 20 years in prison and a fine of up to $50,000. A conviction will also lead to sex offender registration requirements that will apply after the completion of a prison sentence.

Situations Where Online Solicitation Charges May Arise

There are a wide range of circumstances that can lead to online solicitation charges. Different defenses may be available in different situations.

Undercover Sting Operations

Arrests for online solicitation of minors are often based on undercover operations in which law enforcement officers pose as minors in online chat rooms, dating applications, social media platforms, or messaging services. An officer may create a profile presenting themselves as a person under 18 and wait for adults to initiate or respond to sexual conversations. When a person engages in sexually explicit communication and expresses a desire to meet in person, they may be arrested and charged with online solicitation and related offenses.

Social Media and Messaging App Conversations

Adults who engage in online communication with people who turn out to be minors on social media platforms, dating applications, gaming platforms, or direct messaging services may face charges based on the content of those conversations. The nature of the communication, the age of the minor involved, whether the defendant knew or should have known the person's age, and whether any attempt was made to arrange a meeting are all factors that may play a role in charges of online solicitation of a minor.

Sexting Involving Minors

The exchange of sexually explicit images through text messages or online platforms could lead to charges of online solicitation, and a person could also face child pornography charges. Cases involving young people who are close in age could result in charges against the older party. For example, a person who recently turned 18 may communicate with a classmate who is a few years younger, and they could end up facing criminal charges even if the communications were consensual.

Misrepresentation of Age

There are many situations where minors may misrepresent their age online, presenting themselves as adults on dating apps or social media platforms. This can raise legal questions about whether a defendant knew or reasonably believed that the person was underage.

Defense Strategies in Online Solicitation Cases

The attorneys at Silverman Thompson can analyze the facts of a case to determine the ideal approach to take when defending against a conviction. Some potential strategies may include:

Entrapment

When a law enforcement sting operation led to an arrest, our lawyers may argue that officers induced or persuaded a person to commit an offense. A person may have responded to the profile of a person who they believed to be an adult, only to later be accused of online solicitation because the images on the profile appeared to be of someone who was underage. In some cases, a person may have been encouraged by an undercover officer to engage in illegal behavior, and we may argue that they would not have committed an offense otherwise.

Lack of Intent

Criminal solicitation requires a specific intent to engage in sexual conduct with a minor. Our attorneys may be able to argue that the evidence does not clearly show that the defendant understood they were communicating with a minor or that they did not purposely seek to engage in sexual contact with a minor.

Challenging the Defendant's Knowledge of the Age of the Alleged Victim

Our lawyers may take steps to show that a minor misrepresented their age, that communications took place on platforms that restrict membership to adults, or that there is no evidence showing that the defendant reasonably believed that the other person was a minor.

Constitutional Violations

Online solicitation investigations will often involve multiple forms of digital evidence, including chat logs, emails, text messages, and files saved on computers or other devices. This evidence may be obtained through warrants, subpoenas, and other legal processes. However, when law enforcement officers obtain digital evidence without authorization, it may be possible to have the evidence suppressed. Our legal team will review evidence collection procedures to identify constitutional violations that may affect our client's rights.

Fifth Amendment protections are also important in these cases. Statements made to law enforcement officials before a defendant was advised of their Miranda rights may be challenged. Our attorneys can determine whether confessions were coerced or whether statements made by our client may be inadmissible in a criminal case.

Challenging Digital Evidence

Digital evidence may seem to be straightforward and conclusive, but there are many technical issues that could call this evidence into question. Our lawyers can review who actually controlled a device or account at the time communications were sent, whether the proper forensic procedures were used when searching devices, or whether communications may have been misinterpreted. We work with qualified digital forensics professionals to review and challenge the technical evidence in these cases.

Contact Our Baltimore, MD Online Solicitation of a Minor Defense Lawyers

Legal representation is crucial for anyone who has been accused of soliciting a minor online. If you are under investigation for this type of offense, or if you have been arrested and charged with a crime, Silverman Thompson is ready to provide the defense you need. Our team is led by Andrew C. White, a former prosecutor of sex crimes for the United States Attorney's Office. We have the knowledge and experience needed to protect your rights. Contact our Baltimore online solicitation defense attorneys at 410-385-2225 to arrange a free consultation.