The solicitation of a child in Indiana is a very serious crime with very sensitive consequences. An individual charged with child solicitation has potentially committed a Level 4 Felony. If you or a family member has been charged with the crime of child solicitation, you need to retain the services of a Fort Wayne criminal defense attorney a call today at 260-412-0020 or email info@hantlegalservices.com.
Child Solicitation Law
IC 35-42-4-6 Child solicitation
Sec. 6. (a) As used in this section, “solicit” means to command, authorize, urge, incite, request, or advise an individual:
(1) in person;
(2) by telephone or wireless device;
(3) in writing;
(4) by using a computer network (as defined in IC 35-43-2-3(a));
(5) by advertisement of any kind; or
(6) by any other means;
to perform an act described in subsection (b) or (c).
(b) A person eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony. However, the offense is a Level 4 felony if the person solicits the child or individual the person believes to be a child under fourteen (14) years of age to engage in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) and:
(1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committing an offense under this section.
(c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony. However, the offense is a Level 4 felony if the person solicits the child or individual the person believes to be a child at least fourteen (14) but less than sixteen (16) years of age to engage in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5), and:
(1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committing an offense under this section.
(d) In a prosecution under this section, including a prosecution for attempted solicitation, the state is not required to prove that the person solicited the child to engage in an act described in subsection (b) or (c) at some immediate time.
As added by P.L.183-1984, SEC.5. Amended by P.L.11-1994, SEC.16; P.L.79-1994, SEC.14; P.L.216-1996, SEC.20; P.L.118-2002, SEC.2; P.L.124-2005, SEC.1; P.L.216-2007, SEC.44; P.L.158-2013, SEC.442; P.L.247-2013, SEC.7; P.L.168-2014, SEC.70.
Examples of Child Solicitation
The crime of sexual solicitation of a child occurs when an individual over the age of 18 solicits a child (under 18) to engage in a sexual act or uses a computer or electronic device to solicit a child to engage in sex. As an example, if an individual that is 19 years old contacts an individual that they believe is under the age of 14 via an online chat. During the chat conversation, the 19 year old propositions the person believed to be a 13 year old for sexual intercourse, has committed the act of child solicitation.
Contact a Child Solicitation Defense Attorney
If you have been charged with child solicitation in Indiana, it’s important to contact a defense attorney right away. Call 260-412-0020 before it becomes too late. Time is of the essence, contact H&T Legal Services today!