Understanding the Offense of Child Solicitation

Sex offenses in Indiana involving juvenile victims are taken extremely seriously, and if you are facing charges, it is critical to develop the strongest possible defense in your case. In order to build a defense to the offense of child solicitation, it is important to understand how Indiana law specifically defines this offense and what the prosecution must prove in order to get a conviction. Our experienced Indianapolis criminal defense attorneys can explain the specific elements of the offense and can discuss the penalties for this offense in the event of a conviction.

Elements of the Offense of Child Solicitation 

Like other types of sex offenses in Indiana involving juvenile victims, the offense of child solicitation refers to specific acts with regard to a minor or juvenile. The general elements of child solicitation under IC 35-42-6 include the following, taken directly from the language of the statute:

An adult (person at least 18 years old) who knowingly or intentionally solicits a child, or an individual that the adult believes to be a child, to engage in sexual intercourse, deviate sexual conduct, or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person.

The word “solicit,” according to IC 35-42-4-6(a), means “to command, authorize, urge, incite, request, lure, entice, or advise an individual” by one of the following means to perform one of the sexual acts described above: in person, by telephone, in writing, by using a computer network, or by any other means.

Specific Elements of the Case Matter in Determining the Level of Felony

 Child solicitation is a felony offense under all circumstances. The ages of the parties, as well as the manner of solicitation and any previous criminal record, will determine the level of the felony offense. Under the Indiana Code, the following are the felony levels charged for the offense of child solicitation:

• Level 5 felony when the person is 18 years old or older and the child solicited is under 14 years old (or believed to be under 14 years old), or when the person is at least 21 years old and the child solicited is at least 14 but under 16 years old (or believed to be in that age group); or
• Level 4 felony when a computer network is used, or when the person has a previous unrelated conviction for child solicitation.

A Level 5 felony in Indiana is punishable by a prison sentence of 1 to 6 years, and a fine of up to $10,000. A Level 4 felony in Indiana is punishable by a prison sentence of 2 to 12 years, and a fine of up to $10,000. In addition to the sentence associated with a conviction, this offense will also require sex offender registration.

Contact an Indianapolis Criminal Defense Lawyer Today 

Are you facing charges for child solicitation? It is critical to seek legal advice about developing a defense strategy that is tailored to the facts of your case. An experienced Indianapolis criminal defense attorney at Rigney Law LLC can speak with you today about the details of your arrest and your defense options. Contact us for more information.

Source:

casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-6-child-solicitation