Soliciting to Minors: The Internet Sting
Facilitating Sexual Contact With a Minor
We have seen it on Dateline NBC, sting after sting setting up pedophiles who are attempting to meet-up and have sex with a minor. While you rarely see them on our local news stations, these stings take place in Oklahoma quite often. But you won’t find some television host walking around the corner to meet you with his camera crew. In fact, the stings are facilitated by local detectives and in many cases they will come to you before you ever have the opportunity to act on your alleged criminal intention.
Canadian County, Oklahoma is becoming more and more known for implementing these stings using mobile apps and various solicitation sites. If this happens to you or someone you know (remember this is a judgment free zone), this article is for you. You can find the most applicable information here regarding Oklahoma State Laws. FYI, as an El Reno, Canadian County, Oklahoma Bail Bondsman I can tell you that once arrested, you will most likely be given a $50,000 Bail. However, bail may be raised or even denied depending on other factors such as; the details of the alleged crime(s), criminal history, and he combination of alleged crimes per incident.
Before you panic, keep these things in mind:
The state has to officially charge the defendant with the crime. Just because someone is arrested, doesn’t necessarily mean they will be charged.
The State may not file the charge against the defendant.
They state may instead choose to file a less egregious offense i.e. making obscene proposal by electronic devise (a misdemeanor.)
It is not uncommon for these charges to be dismissed with the help of an experienced attorney. Just act quickly in hopes of flying under the Media’s Radar.
Bail is often set immediately after the person is arrested. You should contact us immediately to set up arrangements to post bail. The defendant has a lot to accomplish in order to prepare for his defense and he cannot effectively do that while sitting in the county jail, not to mention he may lose his job and his means to hire an attorney.
So, let’s stop here so you can take a moment to jot down my number, or save it in your phone.
GOOD GUYS BAIL BONDS, INC
The following three Oklahoma Statutes are MOST COMMONLY used to charge and prosecute a person for Facilitating Sexual Contact with a Minor. Instead of digging deep into the law and possible defenses for each (I am not an attorney), let us focus only on the parts that may pertain to you if you are one of the unlucky ones to have been set-up and perhaps seduced by one of these clever detectives.
21 O.S. § 1040.13a - Soliciting Sexual Conduct or Communication with Minor by use of Technology
“It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology.”
One argument I often hear is that the person charged with the crime of Facilitating Sexual Contact with a Minor in Canadian County Oklahoma is “I wasn’t actually talking to a minor, it was an adult detective.” But the statutes include the solicitation of a person the defendant believes to be a minor. Because of that stipulation a person cannot use legal impossibility as a defense if he or she is arrested following an internet sting using am obvious adult detective as a decoy.
Conviction of soliciting minors via technology carries a maximum sentence of 10 years in prison, a fine of up to $10,000, and sex offender registration for 25 years upon completion of the sentence. However, this penalty is typically in addition to conviction of other related crimes, such as Lewd or Indecent Proposals to a Child under 16.
21 O.S. § 1123 - Lewd or Indecent Proposals or Acts to a Child under 16
Lewd or Indecent Proposals to a Minor makes it a felony to “knowingly and intentionally” make any proposal to a child under 16 or a person the defendant believes to be a child under 16 to engage in sexual activity.
Conviction of this offense carries a sentence of 3 to 20 years in prison, unless the child is under the age of 12 when such a proposal is made. In that case, the minimum sentence is 25 years. Lewd or Indecent Proposals or Acts to a Child under 16 is a Level 3 sex offense, requiring lifetime sex offender registration.
21 O.S. § 1958 - Using Access to Computers to Violate Oklahoma Statues in violation of the Oklahoma Computer Crimes Act
Finally, the Oklahoma Computer Crimes Act makes it a felony to use a computer or computer network to violate any state law. Violation of the Computer Crimes Act is punishable by 10 years in prison in addition to the penalties for the underlying crime.