Child enticement is not a specific crime in Pennsylvania, but is a term that is used generally to refer to certain sex-related crimes involving children under the age of 18. In particular, Pennsylvania's “Unlawful contact with a minor” law prohibits certain types of contact with minors when the contact is made for a sexual purpose. If the contact is made using a computer or computer network, the defendant can be prosecuted by the attorney general in addition to local prosecutors, and in certain cases, federal prosecutors may bring charges.
If you are facing allegations of unlawful contact with a minor in Pennsylvania, you need the help of an experienced attorney from the LLF Law Firm's Criminal Defense Team. You could be facing years in prison as well as an ongoing requirement to register under Pennsylvania's “Megan's Law” as a sex offender once you're released. When so much is on the line, the sooner you contact us, the better we will be able to review your case and prepare a strong defense. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation so that we can learn more about your case and tell you in more detail about how we can help.
Unlawful Contact With a Minor in Pennsylvania
Pennsylvania's Unlawful Contact With a Minor law makes it illegal to intentionally contact a minor “for the purpose of engaging in” certain types of prohibited activity. The law also prohibits the contact if, instead of a minor, the contact was with “a law enforcement officer acting in the performance of duties who has assumed the identity of a minor.”
The types of prohibited activity that the communication must relate to in order to be prohibited under the Unlawful Contact statute include:
- Any “sexual offense” listed in the Pennsylvania statutes, including sexual assault, rape, statutory sexual assault, indecent exposure, and others
- Open lewdness, defined as “any lewd act that the person knows is likely to be observed by others who would be affronted or alarmed.
- Prostitution and related offenses, which include promoting prostitution of a minor
- The display, sale, or creation of “Obscene and other sexual materials and performances”
- Sexual abuse of children, which includes photographing or videoing sexual acts involving children under the age of 18 or owning or distributing videos or images “sexual abuse material” relating to children
- Sexual exploitation of children, involving procuring a child for someone else for the purposes of having the child engage in “actual or simulated sexual activity or nudity” for purposes of “sexual stimulation or gratification”
A violation of the Unlawful Contact With a Minor statute is at minimum a third-degree felony, even if the underlying offense is a lower-level crime. For example, Open Lewdness is categorized as a third-degree misdemeanor, but if a defendant is accused of contacting a minor for the purpose of engaging in open lewdness, the defendant will still face a third-degree felony charge under the Unlawful Contact law. On the other hand, when the underlying crime is a higher-level one, such as Sexual Exploitation of Children (a second-degree felony), the defendant will also face a second-degree felony Unlawful Contact charge.
When the Attorney General Can Prosecute
In most criminal cases, prosecutors from the local district attorney's office bring the charges and prosecute the cases against the defendants. This is the case for prosecutions under Pennsylvania's Unlawful Contact With a Minor law as well. However, if the defendant allegedly contacted a minor “through the use of a computer, computer system or computer network,” the Pennsylvania Attorney General's office can also prosecute the matter. In that case, one or more prosecutors from the Attorney General's office will be assigned to the matter.
Unlawful Contact prosecutions can be complicated, and often include an analysis of the defendant's computer or phone records as well as transcripts of text exchanges and voice conversations. If you have been charged with Unlawful Contact With a Minor in Pennsylvania, you need the help of an experienced attorney. The LLF Law Firm's Criminal Defense Team understands what it takes to defend against these kinds of serious charges – charges that can turn your life upside down, and can leave you labeled as a sex offender, forced to register under Pennsylvania's Megan's Law as one for decades if not for the rest of your life.
Federal Charges May Also Apply
Federal law may also apply in cases where a defendant is accused of contacting a minor for purposes prohibited by Pennsylvania's Unlawful Contact With a Minor law. Whether or not federal law applies often depends on the location of the defendant and the location of the child. When the two are in different states, federal law may apply, and federal charges can result.
Under the federal “Coercion and enticement” statute, where a defendant “persuades, induces, entices, or coerces” someone to travel across state lines for purpose of prostitution or “any sexual activity for which any person can be charged with a criminal offense,” or where the defendant “attempts to do so,” they can face criminal charges and a sentence of up to 20 years in prison.
In addition, if a defendant is accused of using the mail or another way – such as the phone or the Internet – to contact a minor for purposes of having them engage in prostitution or any sexual activity for which the defendant can be charged with a crime, or if the defendant is accused of attempting to do so, they can face a minimum prison term of 10 years and a maximum term of life.
Federal cases are brought by one of the United States Attorneys in Pennsylvania, which are located in Philadelphia, Allentown, Reading, and Easton. If you are being prosecuted by the federal government, your case will be heard in a federal court in one of these cities. The LLF Law Firm's Criminal Defense Team is ready to defend you when the federal government is bringing charges that could land you in prison for decades or even for the rest of your life.
Defending Against Unlawful Enticement Charges
If you are facing unlawful enticement or any other kind of criminal charges related to having improper communications or contact with a minor, you may feel as though there is little chance for you to be able to defend yourself. Prosecutors can be very convincing when they bring charges, and you may be tempted to try to resolve them as quickly as possible, if only to reduce the uncertainty and the publicity surrounding your case.
It is almost always better, however, to have an experienced criminal defense attorney by your side, someone who can review the allegations, the evidence, and the charges to determine the strength of the prosecution's case and whether they will be able to prove their allegations beyond a reasonable doubt. It is not unusual for the evidence the prosecution wants to introduce to fail to meet the standards that courts apply to ensure that the evidence was properly collected and that it reliably supports one of the claims in the case.
Sometimes the prosecution's evidence may have little value in terms of proving their case, but it may be unnecessarily provocative and could encourage a jury to convict you even if it has little to do with the charges you're facing. In other cases, it's possible to question whether the evidence has been tampered with – for example, computer records that were altered after they were collected, or physical evidence that was not securely stored after it was gathered.
By working with one of the experienced attorneys from the LLF Law Firm's Criminal Defense Team, you will have someone on your side who has the experience with the criminal process and the understanding of the law to review your case in detail, protect your rights, and defend you against the serious allegations you're facing.
The LLF Law Firm Can Defend You Against Enticement Charges
Whether you are facing Unlawful Contact charges in state court or Coercion and Enticement charges in federal court, the LLF Law Firm's Criminal Defense Team can help. Our attorneys have a strong understanding of the criminal laws that apply in these types of cases. We regularly appear in both state courts and federal courts all across Pennsylvania, and know how prosecutors, judges, and the courts work.
When you retain the LLF Law Firm to defend you in what may be one of the most critical events of your life – the defense of serious criminal charges – we will review your case with you in detail. We'll look closely at the evidence the prosecution claims to have against you and the charges you're facing, and we will make sure the government respects your rights at every stage of the process.
We know what it takes to defend against these kinds of charges. We also know how difficult this is for you, and we will keep you informed as your case progresses. Where it makes sense to do so, we will negotiate with prosecutors to resolve your case without having to go to trial, but if a settlement isn't possible, we know what it takes to fight for our clients in the courtroom.
If you are facing serious criminal charges in Pennsylvania, whether or not they relate to enticement of a minor, contact the LLF Law Firm's Criminal Defense Team at 888.535.3686 or fill out our contact form. We will schedule a confidential consultation where you can tell us about the charges you are facing, and we can tell you how we can help.
