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 Hawaii, solicitation of a minor for lewd purposes is addressed under Hawaii Revised Statutes Section 707-756, where it is illegal to electronically entice a child. This law makes it a criminal offense for a person to intentionally or knowingly use a computer or any other electronic device to communicate with a minor, with the intent to promote or facilitate the commission of a felony, including sexual assault upon a minor. The severity of the charge can range from a misdemeanor to a felony, depending on factors such as the age of the minor and the nature of the offense. Under federal law, coercion and enticement (18 U.S.C. §2422(a)) criminalizes the act of persuading or enticing any individual to travel to engage in prostitution or illegal sexual activity, while 18 U.S.C. §2422(b) specifically targets the use of interstate commerce to engage or attempt to engage a minor in such activities. Additionally, the federal offense of transportation of minors (18 U.S.C. §2423(a)) makes it illegal to transport a minor with the intent to engage in criminal sexual activity. These federal statutes apply when there is an element of interstate or foreign commerce involved in the offense, such as the use of the internet or crossing state lines.