Online solicitation usually involves another person that may not have the capacity to consent to sexual relations, and when this person is caught committing these acts, police usually arrest him or her. A lawyer generally must refute the charges, help with a plea bargain or mitigate the damage of current charges through decreasing penalties.
Online Contact
Solicitation with others online is similar to that of the same actions in person. If this individual solicits another for illegal activity, sexual relations or with a minor, he or she commits a crime. Generally, the illegal actions happen when the person solicits with the intent to purchase services, engage in criminal behavior or when participating in something that is illegal in the state such as sex with someone close to or far below the age of consent. If police use the internet activity as evidence, the chat logs, emails or instant messages may prove intent to commit the crime.
The Intent Behind the Actions
The more involved the conversation is with the other party to commit illegal activities, the more evidence the prosecution would have to prove intent. An expert witness may need to become part of the prosecution’s case to uncover the internet connection details, email and conversation logs. By exposing these in the courtroom as the intent behind the illegal acts, the prosecution’s case increases in strength. The legal defense will need a valid argument against the intent with these interactions and any criminal behavior. Forming a defensive strategy is important, and this may need to form early on to stand a chance of a valid defense against the intent proven by the prosecution’s team.
The Actual Activity
Soliciting for some form of illegal activity such as paying for or trading something of value for sex is still a crime. However, solicitation online through chat, email or a program usually requires the person to show up at a physical location. Officers may arrive or use such programs to arrest the person attempting to pay for sexual relations with another person. This usually ends in penalties that could incarcerate the person for up to one year and fines that are normally manageable when the person commits the act the first time. A legal defense is usually important to avoid this fate.
Defending in the Courts
If the accused faces a hearing with sufficient evidence to proceed to the courtroom, he or she will need a criminal defense lawyer early on to assist with the matter. This will require evidence that the accused did not intend to actually solicit the other person for sex by paying, but the lawyer will need a valid defensive strategy. This works best with the truth and evidence through the chat logs that the defendant was only discussing the matter. He or she will need to defend the actions of arriving at the destination with payment in hand.
Police Stings or Entrapment?
Depending on the situation, the defense against the accusations in the courtroom and charges by police and prosecution exists in the actions of law enforcement before the defending party faced an arrest. If the officer involved in the operation was merely online and taking part in the actions of the accused person through solicitation or solicitation of a minor, the charges may stand. The sting has use to discover criminal intent and those engaging in illegal activity through various groups and chatrooms online. The operation law enforcement carries out will help in apprehending actual criminals and charging them with solicitation activities.
The flip side of these operations is that of entrapment where the officer uses certain language to entice someone into making a decision to attempt to meet up in person to pay for sex or to engage in sexual relations with a minor. Because the location is online, the actual arrest may require the physical presence of the individual before charges are possible. By influencing what the other party does or says, the law enforcement agency or officer may participate in entrapment which could lead to a valid argument in refuting the charges.
The Legal Defense against Online Solicitation
No matter who the individual attempt to solicit through an online location, he or she will need the services of a criminal defense lawyer in the state where he or she engaged in these activities. The lawyer will need to refute the charges or assist in a plea bargain for lesser penalties for some type of deal with the prosecutor.
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