Solicitation of a Minor Defense Lawyer in Utah
Someone who deliberately uses or attempts to use texting or the internet for seducing, enticing, or luring a minor child or a person he/she believes is a minor for sexual acts is guilty of soliciting a minor. Solicitation of a minor is a serious criminal offense in the state of Utah. There are severe potential penalties in the form of jail or prison time and extreme fines for people convicted of this crime under State Code 76-4-401.
Solicitation of a Minor Utah Defense Attorney
The rates of solicitation of a minor and various sex crimes committed against children in Utah are among the highest in the United States. Being accused of a sex crime against a child can destroy a person’s reputation in his/her community, profession, and personal life. An experienced Utah child sex crimes lawyer can be very helpful in preserving your reputation in such a circumstance and minimizing the damage to your good reputation.
What is Solicitation of a Minor?
Under Utah Code 76-4-401, the crime is often called solicitation of a minor, but the law in the Utah statutes officially labels the offense as Enticing a Minor. A minor, under Utah law, is someone under 18 years of age. Text messaging refers to transmitting any of the various forms of electronic images or texted verbiage from a phone, computer, or another type of electronic device to someone on any of those kinds of devices.
Under Code 76-4-401, someone has committed criminal solicitation of a minor if he/she has knowingly made contact with a minor or a person he/she believes is a minor and tried, whether successfully or unsuccessfully, by doing any of the actions described in the introduction above, to engage in some form of sexual interaction via:
- Writing
- Displaying images
- Using other electronic messaging formats
What are the Punishments for Enticement of a Child?
The specific facts in the case will determine how long the convicted person will be sentenced to jail or prison. The class level of the crime will be deemed by the court as one of those below.Often in Utah, undercover operatives work with law enforcement to pose as minors to help police who are working to catch offenders preying on children on the internet and elsewhere. In such sex crimes cases, the criminal charge for which the accused is prosecuted is reduced from one class to the next lesser charge, in terms of the severity of punishment. For example, if the crime would be charged as a Class A misdemeanor if an actual child had been involved, the offense will instead
CLASS C MISDEMEANOR | |
---|---|
Class C misdemeanor | A maximum of 364 days jail time and a maximum fine of $2,500 |
If the nature of the criminal sexual activity would have been classed as a third degree felony, the defendant will be charged with a Class A misdemeanor. | |
CLASS C MISDEMEANOR | |
Class A misdemeanor | A maximum of 364 days jail time and a maximum fine of $2,500 |
If the nature of the criminal sexual activity would have been classed as a second degree felony, the defendant will be charged with a third-degree felony. | |
THIRD DEGREE FELONY | |
Third-degree felony | A maximum of a 5-year prison sentence and a maximum fine of $5,000 |
If the nature of the offensive activity would have been classed as a first degree felony, the defendant will be charged with a second-degree felony. If the convicted person also has a prior sex crime conviction, the charges in the current case will be enhanced to a first-degree felony. | |
Second degree felony | A maximum of a 15-year prison sentence and a maximum fine of $10,000 |
FIRST DEGREE FELONY | |
First-degree felony | A minimum of 5 years to a maximum of a life sentence in state prison. |
Defenses Against Soliciting a Minor Charge
There are various potentially effective defenses against charges of attempted solicitation of a minor. You will need to work with an experienced criminal defense attorney in Salt Lake City to help you build the best possible case for your defense and defend all your rights throughout the criminal trial process.
Defense Lawyer for Charges of Enticing a Minor in Utah
Whether you face state charges under 76-4-401 or are accused of violating the solicitation of a minor federal law, the consequences can ruin your life. You will need the best child sex crimes lawyer Salt Lake City, UT, has available to help you. We may be able to have your charges reduced significantly, and sometimes we can have the charges dismissed entirely. Our full focus is on preventing you from going to jail, having a criminal record, or being added to the Utah sex offender registry.
If you have been arrested on the charge of Enticing a Minor, call Wasatch Defense Lawyers at (801) 980-9965, or contact us here online to schedule a free consultation.
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