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 Kentucky, solicitation of a minor for lewd purposes is addressed under Kentucky Revised Statutes (KRS) Chapter 510, which covers sexual offenses. Specifically, KRS 510.155 deals with the prohibited use of electronic communication systems to procure a minor for sex offenses. This statute makes it a crime to knowingly use an electronic communication system, like the internet or text messaging, to solicit a minor or someone believed to be a minor, with the intent to engage in sexual activities. 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 solicitation. Under federal law, coercion and enticement (18 U.S.C. §2422) criminalize the act of persuading, inducing, enticing, or coercing an individual to travel across state lines or international borders for the purpose of engaging in prostitution or illegal sexual activity, or attempting to do so. This includes using the mail or any means of interstate or foreign commerce, such as the internet, to commit these acts, especially when the individual is under 18 years of age. Additionally, the federal offense of transportation of minors (18 U.S.C. §2423) makes it illegal to transport an individual under 18 years of age across state lines or international borders with the intent that the individual engage in prostitution or illegal sexual activity. These federal offenses are felonies and carry severe penalties, including imprisonment.