What is the Difference Between Enticement of a Minor and Online Solicitation of a Minor in New York?

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC understand that being accused of, arrested for, or charged with a sex crime in New York is life-changing.

The stigma associated with sex crimes can lead to irreparable damage to our client’s reputation, relationships, and career prospects. Legally, these charges often result in lengthy court battles, potential prison sentences, and mandatory registration as a sex offender, which imposes significant restrictions on our client’s freedom and future opportunities.

For these reasons, our Albany County sex crimes defense lawyers believe everyone should know their rights and understand exactly what their charges mean to their futures to make informed decisions about the direction of their cases.

Here, we discuss the differences between the enticement of a minor and the online solicitation of a minor in New York.

Understanding the Differences Between Enticement of a Minor and Online Solicitation of a Minor in New York

In New York, both “enticement of a minor” and “online solicitation of a minor: are serious offenses related to inappropriate interactions with minors. While these terms may sometimes be used interchangeably, they have distinct legal definitions and implications.

They include:

• Enticement of a Minor

Enticement of a minor typically refers to the act of persuading, inducing, or luring a minor to engage in illegal sexual activities. This can involve various methods, including in-person interactions, phone calls, or other non-digital means.

The offender must have the intent to engage in illegal sexual activity with the minor.

In New York, the enticement of a minor can be prosecuted under various state statutes, such as those covering endangering the welfare of a child or attempting to commit sexual abuse. Federal law also addresses the enticement of a minor under statutes like the Mann Act, which criminalizes transporting individuals across state lines for illegal sexual activities.

• Online Solicitation of a Minor

Online solicitation of a minor involves using the internet or electronic communications to engage in conversations or interactions aimed at persuading a minor to participate in illegal sexual activities. This includes emails, chats, social media, and other digital platforms.

The crime involves explicitly using the Internet or other electronic means to communicate with a minor. Similar to enticement, the offender must have the intent to engage in illegal sexual activity with the minor.

New York law criminalizes online solicitation of a minor under statutes like the New York Penal Law § 235.22, which addresses disseminating indecent material to minors in the second degree.

Federal statutes, such as those under 18 U.S.C. § 2422(b), make it illegal to use the Internet to persuade, induce, entice, or coerce a minor to engage in illegal sexual activities.

Given the severe penalties and long-term consequences associated with both enticement and online solicitation of a minor, it is crucial for individuals accused of these offenses to seek experienced legal representation. Our skilled sex crimes defense attorneys in Albany can provide a robust defense, challenge the evidence, and navigate the complexities of state and federal laws to protect our client’s rights and interests.

Contact Our Attorney at O’Brien & Eggleston PLLC Today

Contact O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.