Solicitation of a minor is a criminal offense where an individual who engages in a conversation with a minor solicits or asks the minor to meet up to partake in a sexual act or other prohibited act.
You may hear this offense referred to as meeting with a minor for lewd purposes or online solicitation of a minor.
The key to understanding the solicitation of a minor laws in Maine is that no sexual conduct or even meeting with the minor is necessary for charges to be pressed. Solicitation is simply asking the minor to meet or partake in sexual acts.
Let us consider the relevant laws, penalties, and possible defenses for the solicitation of a minor in Maine.
Solicitation of a child to commit a prohibited act in Maine
In Maine, it is illegal for adults to be involved in sexual activity with a minor under the age of 16. Prohibited activities include sexual acts, sexual contact, and sexual exploitation of a minor.
Specifically, the law relating to the solicitation of a child to commit a prohibited act, Title 17 §259-A, states the following:
- A person is guilty of soliciting a child to commit a prohibited act if:
- The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor:
- Is at least 16 years of age,
- Knows or believes that the other person is less than 14 years of age, and
- Is at least 3 years older than the age expressed by the other person.
Different classes of this offense exist, depending on the minor’s age. If the child is less than 12 years of age, the offense is usually prosecuted as a Class C crime (felony) rather than a Class D crime (misdemeanor).
In most cases in Maine, the solicitation of a minor occurs through contact via:
- A cell phone, smartphone, or tablet (talking, text messaging or sexting)
- A computer (online chat rooms)
- Another online service
Solicitation of a child for commercial sexual exploitation
Another section of the solicitation of a minor laws in Maine, Title 17-A §259-B, addresses the solicitation of a child for commercial sexual exploitation, which is a separate but connected offense:
A person is guilty of soliciting a child for commercial sexual exploitation if the actor knowingly solicits directly or indirectly by any means a person the actor knows or believes is under 18 years of age to engage in an act of prostitution…
“Prostitution” is defined as “engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact…in return for a pecuniary benefit to be received by the person being prostituted or a 3rd person”.
Penalties for solicitation of a minor
Prostitution laws in Maine have changed in recent years to effectively decriminalize prostitution (so that the victims of prostitution are not prosecuted). At the same time, however, the crime of soliciting a child for commercial sexual exploitation has been elevated from a misdemeanor to a felony.
This means that anyone convicted of exploiting children through prostitution will be punished as a felon, with the following severe penalties.
- A Class C crime (felony) is punishable by up to five years in prison and/or a fine of up to $5,000.
- A Class B crime (felony) is punishable by up to 10 years in prison, and/or a fine of up to $10,000.
Mandated reporting in Maine
As per Title 22 §4011-A of the Maine Health and Welfare Code, certain individuals are required by law in Maine to report suspected child abuse or neglect, including sexual abuse, child pornography, or other forms of exploitation.
Individuals such as licensed caregivers (medical professionals, teachers, first responders, religious workers, etc.) must report any such activity to the local district attorney’s office if they observe it while acting in their professional capacities. An additional requirement states that anyone who suspects a minor child of not living with his/her legal guardian must report it.
Mandated reporters must also undergo training every four years in this regard.
Accused of a Sex Crime? (Video)
https://www.youtube.com/watch?v=%20JyzdpGYN0tU
Registered offenders
Under the Sex Offender Registration Acta criminal conviction for solicitation of a minor will subject an individual to up to a lifetime registration as a sex offender with the Maine Sex Offender Registry:
The Maine courts will order registration once the individual has been convicted and has served any requisite jail time.
Any individuals who move to the state of Maine and who were convicted of comparable crimes in their former state of residence may be required to register as sex offenders in Maine.
Possible defenses to solicitation of a minor in Maine
As with all criminal cases in Maine, defendants charged with solicitation of a minor have the right to defend the charges against them.
The most relevant defense will depend on the precise circumstances of the case. Typically, however, a criminal defense lawyer will focus on one of the following:
- The defendant did not plan a meeting with the minor to engage in sex but for a non-sexual purpose instead.
- The individual did not know or believe that the “victim” was a minor.
- The defendant was the victim of entrapment by law enforcement (e.g., during an undercover “sting operation”) with undue pressure placed on the defendant to commit the act—and the act was only committed because of this.
Because of the serious potential consequences for the defendant’s immediate and long-term future, seeking the help of a qualified criminal defense lawyer is essential for anyone accused of offenses against minors.
After an initial consultation to establish the facts and advise you of your legal options, a defense lawyer will carefully build a defense that aims to cast reasonable doubt on the accusations against you.
Remember that the attorney-client relationship allows potentially embarrassing discussions to remain confidential.
If you have been accused of solicitation of a minor in Maine, contact The Maine Criminal Defense Group directly online or call us at (207) 571-8146 to speak with an experienced criminal defense lawyer who can help you.
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