Penalties and Stakes: The Full Scope of a Conviction

When my clients first sit down in my office, their primary concern is often the potential for jail time. And while that is a significant part of the equation, the full scope of the consequences extends far beyond the walls of a prison. It is my responsibility to ensure they understand the complete picture, because the stakes could not be higher.

The central statute we must contend with is the Maryland Criminal Law Article § 3-324, “Sexual solicitation of a minor.” This law makes it illegal for an individual aged 18 or older to solicit, entice, or persuade a minor (or someone they believe to be a minor) to engage in sexual conduct, sexual contact, or a sexual act. The law is intentionally broad to cover a wide range of behaviors, from direct propositions to more subtle forms of grooming and enticement, whether they happen in person or, as is more common today, through electronic communication.

The statutory penalties are severe:

• Incarceration: A conviction carries a potential prison sentence of up to 10 years. The actual sentence will depend on numerous factors, including the specifics of the case, the defendant’s prior record, and the sentencing guidelines, but the threat of a decade of lost freedom is the starting point.
• Fines: The court can also impose significant fines, adding a substantial financial burden to an already stressful situation.
• Mandatory Sex Offender Registration: This is, for many, the most daunting consequence. A conviction under § 3-324 requires mandatory registration as a sex offender in Maryland. This is not a temporary status. Depending on the tier of the offense, registration can be for 15 years, 25 years, or life. This means your name, photograph, address, and offense details are published in a public database. It imposes strict requirements to report any change of address, employment, or even online identifiers, with failure to comply resulting in new felony charges.

The collateral consequences are just as punishing. Being on the registry can make it nearly impossible to find housing, as many landlords will not rent to registered individuals. It can disqualify you from a vast number of jobs, especially those involving children, education, or healthcare. It can lead to social ostracism and place immense strain on your personal and family relationships. These are not possibilities; they are the grim realities that follow a conviction. This is why a strategic, aggressive defense from the very outset is not a luxury—it is a necessity.

The Maryland Legal Process for Solicitation Cases

Understanding the road ahead is the first step in preparing to navigate it. The process is a marathon, not a sprint, and each stage presents both challenges and opportunities. Based on my experience handling these cases across Maryland, here is the typical progression.

1. The Investigation: Most of these cases do not start with a 911 call. They begin with a covert investigation, often conducted by specialized units like the Maryland State Police Computer Crimes Unit or a local branch of the national Internet Crimes Against Children (ICAC) Task Force. These investigations frequently involve “sting” operations, where an undercover officer poses as a minor online in chat rooms, on social media platforms, or on dating apps. They collect chat logs, IP addresses, and other digital footprints to build a case before an arrest is ever made.
2. Arrest and Charging: Once law enforcement believes they have sufficient evidence for probable cause, they will secure an arrest warrant. The arrest can be a shocking and public event. Following the arrest, you will be taken before a District Court Commissioner for an initial appearance, where the charges are read and bail or pretrial release conditions are set. The State’s Attorney’s Office then formally files the charges. As a felony, the case will ultimately be handled by the Maryland Circuit Court for the county where the alleged crime occurred.
3. Discovery Phase: This is a critical stage. Your defense attorney will file a request for discovery, compelling the prosecution to turn over all the evidence they have against you. This includes police reports, witness statements, and, most importantly, the complete, unedited digital communications. My role here is to meticulously scrutinize this evidence for inconsistencies, procedural errors in how it was collected, and weaknesses in the state’s narrative.
4. Pre-Trial Motions: A seasoned defense attorney will use the pre-trial phase to challenge the state’s case. We might file a motion to suppress evidence if your Fourth Amendment rights were violated during a search of your computer or phone. We may challenge the authenticity or chain of custody of the digital evidence. If the case involves a sting operation, we may file a motion to dismiss based on entrapment if law enforcement’s conduct went too far in inducing a crime.
5. Plea Negotiations or Trial: The vast majority of criminal cases are resolved through plea negotiations. The prosecutor may offer a plea to a lesser charge or recommend a more lenient sentence in exchange for a guilty plea. It is my duty to evaluate the strength of the state’s case and advise you on whether a proposed plea is in your best interest. If no acceptable resolution can be reached, or if you maintain your innocence, the case will proceed to trial. At trial, the state must prove every element of the crime beyond a reasonable doubt to a judge or a jury of 12 citizens.

Throughout this entire process, from the first phone call to the final verdict, the role of your legal counsel is to be your shield and your advocate, ensuring your constitutional rights are protected at every turn.

The SRIS Digital Defense Preparation Guide

In the two decades I have defended individuals against internet-related criminal charges, I have seen one truth hold constant: the actions you take (or fail to take) in the first 48 hours of an investigation can profoundly shape the outcome of your case. Digital evidence is the lifeblood of a solicitation prosecution. This guide is a practical, immediate action plan designed to help you preserve your rights and avoid critical errors while you secure legal representation. Do not interpret this as legal advice for your specific situation, but as a framework for intelligent decision-making in a crisis.

Step 1: Cease All Communication Immediately.

• With the “Minor”: If you are in an ongoing conversation that feels suspicious or you realize the person may be law enforcement, stop responding. Do not try to explain yourself, apologize, or delete the conversation. Any further communication will be used against you.
• With Law Enforcement: If contacted by police, you have a constitutional right to remain silent. State clearly and politely: “I am exercising my right to remain silent, and I wish to speak with an attorney.” Say nothing else. Do not try to be helpful or explain your side of the story. They are not there to help you; they are there to build a case.

Step 2: Do Not Delete, Alter, or Destroy Any Digital Data.

• The Impulse to Delete: The natural reaction for many is to delete chat histories, emails, photos, or even wipe entire devices. This is a catastrophic mistake.
• Why It’s a Mistake: First, law enforcement likely already has a copy of the key communications from their end. Second, deleting data can be considered “spoliation of evidence” or obstruction of justice, which is a separate crime. Third, sophisticated forensic tools can often recover deleted data, and the act of deletion itself can be presented to a jury as evidence of guilt. You may also inadvertently delete data that is exculpatory (helpful to your defense).

Step 3: Secure Your Devices and Accounts.

• Do Not Consent to a Search: Police may ask for your consent to search your phone, computer, or home. You are not required to give it. Politely state, “I do not consent to any searches.” If they have a warrant, you cannot stop them, but do not give them voluntary permission. Make them go through the proper legal channels.
• Log Out and Power Down: If you are concerned you are under investigation, log out of relevant social media and messaging accounts. You may consider powering down your computer and phone. This can help prevent remote access or accidental alteration of data. Do not, however, attempt to hide the devices.

Step 4: Document Everything You Can Remember.

• Create a Private Log: On a piece of paper or a secure device you are certain is not being monitored, write down everything you can recall.
• Key Details to Record: How did the conversation start? What was the username/profile of the other person? What specific platform was used (e.g., Snapchat, Kik, Facebook Messenger)? What was said by both parties? Did the other person ever state their age? Did they send photos? Did you feel pressured or led on? This detailed, contemporaneous account can be invaluable for your attorney later.

Step 5: Contact Knowledgeable Legal Counsel Immediately.

• This is the most important step. The complexities of digital forensics, sting operations, and Maryland’s specific solicitation laws require a defense attorney with direct, hands-on experience in this area. Call Law Offices Of SRIS, P.C. at 888-437-7747 for a confidential case assessment. The sooner we are involved, the more we can do to protect your rights and begin building your defense.

Strategic Defenses Against Solicitation of a Minor Allegations

Every case is unique, and the right defense strategy depends entirely on the specific facts and evidence. However, after handling countless internet-based criminal allegations, I know that several core defensive avenues consistently prove most effective. Building a powerful defense means scrutinizing the prosecution’s case from every possible angle.

Defense 1: Lack of Criminal Intent

This is often the central pillar of the defense. The state must prove, beyond a reasonable doubt, that you acted with the specific intent to solicit a minor for a sexual purpose. It’s not enough to show that a conversation happened. They must prove your state of mind. We can challenge this by showing:

• Ambiguous Language: Online chats are often filled with slang, sarcasm, and hyperbole. We can argue that the language used, when viewed in full context, does not demonstrate clear sexual or criminal intent and was misinterpreted by law enforcement.
• Role-Playing or Fantasy: In some online communities, users engage in fantasy-based role-playing. We can argue that the communications were part of a consensual fantasy scenario between adults and that there was no intent to carry out any real-world illegal act.

Defense 2: Entrapment

This defense is particularly relevant in cases involving undercover sting operations. Entrapment occurs when law enforcement officers or their agents induce or persuade a person to commit a crime that they were not otherwise predisposed to commit. A valid entrapment defense requires showing two things:

1. The idea for the crime originated with the government agent, not you.
2. You were not “ready and willing” to commit the crime before the agent’s involvement.

If an undercover officer was overly aggressive, made repeated solicitations after you declined, or used coercive tactics to push the conversation in a criminal direction, we can build a powerful argument that you were entrapped. This is a high bar to clear, but I have seen it succeed when the officer’s conduct crosses a clear line.

Defense 3: Mistake of Fact (Regarding Age)

To be convicted, the state must generally prove that you believed the person you were communicating with was a minor. If you had a genuine and reasonable belief that the other person was an adult, this can serve as a defense. This might be supported by evidence that:

• The other person’s online profile listed them as being over 18.
• They explicitly stated in the conversation that they were an adult.
• The photos they used depicted an adult.

Even in a sting operation where the “minor” is a fiction, if the undercover officer’s persona was created to look and sound like an adult, we can argue that you lacked the requisite belief that you were talking to a child.

Defense 4: Challenging the Digital Evidence

A prosecutor’s case is only as strong as its evidence. We will rigorously attack the digital evidence by examining:

• Chain of Custody: Was the evidence (chat logs, hard drive images) collected, stored, and analyzed according to proper forensic procedures? Any break in the chain can render it inadmissible.
• Authentication: Can the prosecution definitively prove that *you* were the one typing the messages? Could someone else have had access to your device or account? We explore possibilities of hacking, shared computers, or spoofed accounts.
• Integrity of the Evidence: We scrutinize chat logs for evidence of editing, selective quoting, or missing context. We demand the full, complete conversation, not just the excerpts the police chose to include in their report.

Critical Mistakes to Avoid When Accused

When facing an accusation as serious as solicitation of a minor, panic and fear can lead to unforced errors that severely damage your case. Here are the most common and damaging mistakes I have seen people make. Avoiding them is your first line of defense.

1. Talking to the Police: This is the single most critical mistake. Law enforcement officers are trained interrogators. They may seem friendly or suggest that if you just “clear things up,” it will all go away. This is a tactic. Anything you say can and will be used against you. Your only words to police should be, “I am exercising my right to remain silent and I want an attorney.”
2. Consenting to Searches: Police may ask for permission to search your phone, your car, or your home. They ask because they may not have a warrant or enough evidence to get one. By consenting, you are waiving your Fourth Amendment rights and giving them access to everything. Never consent. Make them get a warrant.
3. Deleting Data: As detailed in the Digital Defense Preparation Guide, the instinct to delete incriminating or embarrassing conversations is powerful but dangerous. It can lead to separate charges for obstruction of justice and looks like an admission of guilt to a jury. Do not alter any digital evidence.
4. Discussing the Case with Anyone But Your Attorney: Do not talk about the details of your case with friends, family, or the alleged victim. These conversations are not privileged. Anyone you speak to can be subpoenaed by the prosecution to testify against you. Your conversations with your legal counsel are completely confidential and protected.
5. Believing It Will Just “Go Away”: These charges are pursued aggressively by Maryland prosecutors. Ignoring the situation or hoping it will resolve itself is not a strategy. The investigation is likely proceeding even if you haven’t been arrested yet. Proactive engagement with a knowledgeable attorney is essential to protecting your future.
6. Hiring an Inexperienced Attorney: Criminal defense is a highly complex field. Internet sex crime defense is a sub-discipline within it. Hiring an attorney who primarily handles traffic tickets or divorces to defend a felony solicitation case is a grave error. You need a lawyer with specific, demonstrable experience dissecting digital evidence and defending these exact types of charges in Maryland courts.

Glossary of Key Legal Terms

Solicitation

In this context, the criminal act of urging, enticing, or asking someone to commit a crime. Under Maryland law, it specifically refers to persuading a minor to engage in sexual conduct.

Entrapment

A legal defense in which the defendant argues they were induced by law enforcement to commit a crime they otherwise would not have committed. It focuses on the conduct of the police rather than the defendant’s predisposition.

Probable Cause

A standard of proof required for police to make an arrest or conduct a search. It means there are reasonable grounds to believe that a crime has been committed and that the person or place to be searched is connected to it.

Discovery

The formal pre-trial process where the prosecution and defense exchange information and evidence. The defense is entitled to receive all evidence the prosecution intends to use at trial, as well as any exculpatory evidence (evidence that could prove innocence).

Sting Operation

A deceptive operation designed to catch a person committing a crime. In solicitation cases, this typically involves an undercover officer posing as a minor online to engage with potential suspects.

Indictment

A formal accusation by a grand jury that there is enough evidence to charge a person with a felony and proceed to trial in Circuit Court.

Exculpatory Evidence

Evidence that is favorable to the defendant in a criminal case, which may tend to clear the defendant of guilt. The prosecution has a constitutional duty to disclose this evidence to the defense.

Common Scenarios and Questions

Scenario 1: The Undercover Sting

“I was chatting with someone online who I thought was 19. The conversation got sexual, and we discussed meeting. The next thing I know, police are at my door saying the person was an undercover cop and I’m being charged with solicitation. I feel like I was set up. What can I do?”

This is the classic ICAC sting operation. The feeling of being “set up” is the basis for a potential entrapment defense. The key questions my team and I would investigate are: Who initiated the sexual turn in the conversation? Did the undercover officer push the topic aggressively? Did you show reluctance? Did the officer’s profile or statements give you a reason to believe they were an adult? We would meticulously analyze the entire chat log to see if the officer’s conduct crossed the line from providing an opportunity to unlawfully inducing a crime.

Scenario 2: Misinterpreted Conversation

“My son was talking to a girl from his school online. He’s 18, she’s 16. Her parents found the messages, freaked out, and called the police. He was just flirting and using stupid teenage slang, but now they’re talking about solicitation charges. He never intended anything criminal.”

This situation highlights the importance of intent. The prosecution must prove your son intended to solicit the girl for a prohibited sexual act as defined by statute, not just that he was flirting awkwardly. The defense would focus on the full context of the conversation, the nature of their real-world relationship (if any), and the typical language used by teenagers. We would argue that this is a case of teenage communication being misinterpreted through the lens of a criminal statute, and that the crucial element of criminal intent is absent.

Scenario 3: The False Accusation

“My ex-partner and I are in a bitter custody dispute. Suddenly, she’s claiming I sent inappropriate messages to her teenage niece from a fake account and has reported me to the police. I never did this. How can I prove it wasn’t me?”

This is a “mistaken identity” or false allegation defense. The burden is on the prosecution to prove you were the one who sent the messages. Our defense would be aggressive and forensic. We would seek to subpoena IP address logs from the social media company to show where the messages originated. We would analyze the writing style. We would work to establish an alibi for when the messages were sent. This is a battle over digital evidence, and the goal is to demonstrate that the prosecution cannot definitively link you to the account or the messages in question, creating reasonable doubt.

Frequently Asked Questions (FAQ)

1. What is the exact definition of “sexual solicitation of a minor” in Maryland?

Under Maryland Criminal Law § 3-324, it involves an individual 18 or older knowingly soliciting, enticing, or promoting a minor (or someone they believe is a minor) to engage in sexual conduct, a sexual act, or vaginal intercourse.

2. Does the solicitation have to happen in person?

No. The law explicitly covers communications made by any means, including computer, text message, social media, or any other form of electronic communication. The vast majority of these cases today are based entirely on online interactions.

3. Is it still a crime if no physical contact ever occurred?

Yes, absolutely. The crime is the solicitation itself. The law punishes the act of asking or enticing. Whether a meeting ever happened or any physical act took place is irrelevant to the charge of solicitation.

4. What if I genuinely thought the person was an adult?

This can be a valid defense. The law requires the state to prove you solicited someone you knew or *believed* to be a minor. If you can provide evidence that you had a reasonable, good-faith belief the person was an adult (e.g., they told you they were, their profile said they were), it can defeat an essential element of the crime.

5. How do police prove I was the one using the computer or phone?

Prosecutors use a combination of evidence: IP address data linking the communication to your home network, device-specific identifiers, your own admissions (if you speak to them), and circumstantial evidence like the use of your personal email address or unique screen name.

6. If I’m convicted, how long will I be on the sex offender registry?

Sexual solicitation of a minor is typically classified as a Tier II offense in Maryland. This requires registration for 25 years. However, certain aggravating factors could potentially elevate it to a higher tier, so the specific facts of the case are critical.

7. Can I get the charge expunged from my record?

If you are convicted of this felony, it is generally not eligible for expungement in Maryland. An acquittal (a “not guilty” verdict) or a dismissal of the charges would allow you to petition for expungement.

8. What is the difference between solicitation and child pornography charges?

Solicitation is the act of trying to persuade a minor to engage in sexual activity. Child pornography charges relate to the possession, creation, or distribution of visual depictions of minors engaged in sexually explicit conduct. The two are distinct crimes but can sometimes be charged together if the investigation uncovers illegal images or videos.

9. What should I do if the police show up with a search warrant?

Do not resist the search, as that can lead to additional charges. However, you should clearly state, “I do not consent to this search.” Do not answer any questions or assist them in finding items. Observe what they do and what they take, and contact your attorney immediately.

10. Is a “sting operation” by police legal in Maryland?

Yes, sting operations are a legal and commonly used law enforcement tool. However, the police conduct during the sting is not without limits. If their actions constitute entrapment, it can be a complete defense to the charge.

11. What role does the “ICAC” Task Force play?

The Internet Crimes Against Children (ICAC) Task Force is a network of federal, state, and local law enforcement agencies dedicated to investigating and prosecuting technology-facilitated child sexual exploitation. They are often the agency behind undercover online investigations.

12. Will I have to go to jail while the case is pending?

Not necessarily. After an arrest, a court commissioner or judge will determine the conditions of your pretrial release. This could range from being released on your own recognizance to being required to post a bond. An attorney can advocate for the least restrictive release conditions possible.

13. What’s the first step I should take if I’m being investigated?

The very first step is to contact a seasoned criminal defense attorney. Do not wait to be arrested. Early intervention can make a significant difference in the strategy and potential outcome of the case. Call our office for a confidential case assessment.