Under state laws a person generally commits the criminal offense of solicitation of a minor—also known as solicitation of a minor for lewd purposes—if the person knowingly solicits a minor to meet the person or another person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the person or another person. These laws are generally located in a state’s statutes—often in the penal or criminal code—and may be prosecuted as a misdemeanor or as a felony offense, depending on the state’s laws and the circumstances of the alleged crime.
And under federal law a person commits the criminal offense of coercion and enticement if the person knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(a).
Similarly, a person commits this criminal offense of coercion and enticement if the person uses the mail or any facility or means of interstate or foreign commerce (including the internet or telephones) to knowingly persuade, induce, entice, or coerce any individual under the age of 18 years to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(b).
And a person commits the related federal criminal offense of transportation of minors if the person knowingly transports an individual under the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with the intent that the individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. 18 U.S.C. §2423(a).
In California, solicitation of a minor for lewd purposes is addressed under California Penal Code sections 288.2 and 288.4. These laws make it illegal to contact or communicate with a minor, or someone believed to be a minor, with the intent to commit certain sexual offenses. Under section 288.2, it is a crime to send harmful matter with the intent of seducing a minor, and under section 288.4, it is a crime to arrange a meeting with a minor or someone believed to be a minor for the purpose of engaging in lewd behavior. Depending on the circumstances, these offenses can be charged as misdemeanors or felonies, with penalties including imprisonment and registration as a sex offender. Federally, under 18 U.S.C. §2422(a), it is a crime to coerce or entice someone to travel to engage in illegal sexual activity, and under 18 U.S.C. §2422(b), it is a crime to use means of interstate or foreign commerce to coerce or entice a minor into sexual activity. Additionally, 18 U.S.C. §2423(a) criminalizes the transportation of minors with the intent that they engage in prostitution or any illegal sexual activity. These federal offenses carry severe penalties, including fines and imprisonment, and are applicable when there is an interstate or foreign element to the crime.