Carmel Child Solicitation Attorney
Online chats can quickly spiral out of control. Simple conversations, flirting, or joking with someone you meet online can turn into a criminal investigation overnight. If you find yourself in need of a Carmel child solicitation lawyer, you may have been accused of a crime based on online chats, sting operations, or what many people refer to as sexting stings. A conviction could lead to serious consequences.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is a criminal defense law firm located in Indiana, serving clients in Carmel, Indiana, and throughout Hamilton County. Many felony cases are tried in the Hamilton County Courts located at 1 Hamilton County Square, Noblesville, IN 46060.
We’ve assembled a team of attorneys and the necessary resources to manage complex felony cases. Each major case is assigned a team of at least two attorneys and a paralegal. Our attorneys each spend time reviewing chat logs, investigating police reports, and analyzing digital forensic evidence. Further, our attorneys have experience as prosecutors in major felony cases and homicide investigations. We understand how the state builds its case against you.
Our Team
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five are employed at our firm. Clients can expect timely responses and access to an attorney via our lawyers-on-call rotation available 24/7. Each major case is assigned a team of attorneys and a paralegal to review every chat conversation, police report, and piece of evidence.
Our attorneys have experience working as prosecutors in serious felony cases and major crime investigations. We understand child solicitation laws. More importantly, we understand how to hold the government accountable when your rights have been violated.
Understanding Child Solicitation in Indiana
Indiana’s child solicitation statute can be found at Indiana Code § 35-42-4-6. Essentially, it is a crime for someone who is at least 18 years old to knowingly or intentionally ask another person who is under 14 years of age or someone the defendant believes to be under the age of 14 to have sexual relations with the child or another individual.
The statute criminalizes simply asking or encouraging sexual activity. There does not need to be physical contact. You could be facing felony charges if the prosecutor claims you solicited or made arrangements for a sexual encounter with someone you believed was underage.
Sexting Stings and Undercover Operations
Law enforcement agencies have increasingly turned to sting operations using social media websites, chat rooms, and messaging platforms.
Officers may pose as underage children and engage in conversations online. Initially, the conversation could be innocuous before eventually becoming sexual in nature. If the unknown person then requests to meet or begins to send sexually explicit messages, police may step in and file charges. Common elements of these stings include:
- Saved transcripts of online chats
- Screenshots of message conversations
- Recordings of phone calls
- Set up meeting locations surveilled by police
These cases can pose important legal issues regarding intent, entrapment, and whether the accused consciously thought they were speaking to a minor because they are meticulously planned by law enforcement.
What Prosecutors Must Prove
To prove you committed child solicitation, the prosecutor must show you were at least 18 years of age, knowingly or intentionally solicited another person you knew or believed was under the age of 14 to engage in sexual conduct.
In many situations, intent becomes a crucial factor. Internet conversations can be confusing. Context is important. A message’s perception can be changed by tone, sarcasm, or misinterpretation. In certain cases, the defense might contend that there was no true intention to commit a crime.
Police tactics during these sting operations can also come into play. Just because police disguise themselves as underage kids online does not give them free rein to ask someone to break the law. Entrapment defenses apply when law enforcement violates your constitutional rights. For example, if the police convince someone to commit a crime they would not have otherwise committed, the case could be dismissed.
Penalties for Child Solicitation
Researchers discovered the following in a nationally representative poll of young adults, ages 18 to 28, who recalled being sexually abused online and through technology as children:
- 15.6 % experienced online child sexual abuse at some point before age 18
- 7.2 % reported providing self-produced sexual images
- 7.2 % experienced nonconsensual sexting
- 5.4 % reported online grooming by adults
- 3.5 % experienced sextortion
In Indiana, solicitation of a child is generally charged as a felony. The felony class depends on the circumstances of your case and your criminal history.
The penalties involve possible incarceration, supervised release, and sex offender status. Registration comes with lifelong restrictions on where you can live, work, and even on internet usage. Beyond legal consequences of a felony conviction, you could lose your job immediately, face professional license revocation, and suffer permanent damage to your reputation.
Defenses Against Child Solicitation
No two cases are alike, but potential defenses often include a complete review of all chat logs, questioning the defendant’s belief about the other person’s age, and assessing for any violations of your rights by law enforcement. Many questions and considerations may arise during these cases, such as:
- Did the sex talk initiate early on or later in the conversation?
- Did the other party back down or show reluctance?
- Was a meeting ever agreed upon?
Hire a Child Solicitation Lawyer
Similar to how you wouldn’t just hire any doctor for your medical issues and you would hire a specialist, you would do the same for your legal issues. If you are under investigation or have been charged with child solicitation, don’t wait to speak with a lawyer. The police will likely ask to interview you or continue looking for evidence against you before any charges are filed.
By hiring a child solicitation lawyer who defends clients from online sting operations, you benefit from organized and strategic defense. The Criminal Defense Team handles every serious felony case with at least two attorneys and a paralegal working together. Our team concept means a double review of the chat logs, search warrants, and any forensic testing conducted.
There are six Board-Certified* Criminal Trial Specialists in Indiana. Five of them practice at The Criminal Defense Team. Being prepared at the trial level makes a difference when you are up against prosecutions built on electronic evidence and aggressive tactics. Contact The Criminal Defense Team today for a consultation.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.