The internet can be a wonderful place—a world of boundless information, connection, and opportunity. But it also has a dark side. Among the most serious crimes involving technology is the solicitation of minors by computer. This charge can carry significant penalties in North Carolina.
This post will explore the legal framework and provide key insights into this offense. By the end, you’ll have a clear understanding of how these laws operate and why they’re rigorously enforced.
The basics: what is solicitation of a minor by computer?
Under North Carolina General Statutes § 14-202.3, it is illegal for anyone 16 or older to use a computer or other electronic device to communicate with a person they believe to be under the age of 16 for the purpose of committing an unlawful sexual act.
There are a few key elements to this crime:
- Use of technology: Any form of electronic communication—whether through text, email, social media, or a messaging app—can fall under this statute.
- Intent: The critical piece is the intent to commit an unlawful sexual act. Even if no physical meeting occurs, the communication alone can result in criminal charges.
- Age matters: The accused must be at least 16, and the person solicited must be under 16 and at least five years younger than the defendant.
- Consent is not a factor: It’s also important to remember that consent is not a viable defense to this charge.
The offense is treated as a Class H felony, but if the defendant travels to meet the minor, it escalates to a Class G felony—a more serious charge with harsher penalties.
A cautionary tale: how a conversation can become a crime
Let’s consider a hypothetical case involving a man named Barry.
Case study: Barry’s mistake
Barry, 26, strikes up a conversation with “Jessica” on a messaging app. Jessica tells Barry she’s 15, but he shrugs it off and continues the conversation. Over time, the dialogue becomes inappropriate. Barry then suggests they meet in person. He drives to an agreed-upon location—only to be greeted by undercover officers.
In this scenario, Barry has likely committed solicitation of a minor by computer. Even if Jessica turned out to be a decoy pretending to be a minor, Barry’s plight would not change. This is because Barry’s belief that she was underage, coupled with his subsequent actions, are enough for prosecution.
Criminal penalties
The penalties for solicitation of a minor by computer in North Carolina are severe:
- Class H felony: Punishable by up to 39 months in prison for first-time offenders.
- Class G felony (if travel is involved): Up to 47 months in prison.
Beyond incarceration, individuals convicted of this crime:
- Must register as a sex offender, which brings with it lifelong implications for housing, employment, and community involvement.
- May face significant social stigma and strained personal relationships.
Why this law matters
North Carolina’s strict approach to solicitation of minors by computer reflects a larger commitment to protecting children in an increasingly online world. The internet has made it much easier for predators to reach vulnerable individuals. These laws aim to deter harmful behavior while providing law enforcement with tools to intervene before physical harm occurs.
Defenses
While the law is tough, every case is unique. Defenses may include:
- Lack of intent: The prosecution must prove beyond a reasonable doubt that the communication was intended to lead to an unlawful sexual act.
- Mistaken identity: In cases involving shared devices or accounts, the defendant could argue they weren’t the one behind the messages.
- Entrapment: If law enforcement induces someone to commit a crime they wouldn’t otherwise commit, this could serve as a defense. This is a very difficult defense to prove as the defendant must demonstrate that they lacked a criminal predisposition, and law enforcement used fraud, trickery, or persuasion to induce the accused to commit a crime.
It’s critical to seek experienced legal representation to explore these defenses and navigate the complexities of the case.
Technology, responsibility, and awareness
One of the challenges with solicitation laws is how they interact with rapidly evolving technology. Social media apps, anonymous chat platforms, and even gaming networks have become avenues for communication—and potential misconduct.
To protect yourself and others:
- Be mindful online: Know who you’re communicating with. Most importantly, avoid conversations that could be misconstrued.
- Talk to your kids: Help minors understand the risks of online communication and encourage them to report suspicious behavior.
- Stay educated: Laws and technology evolve together. Awareness is the first line of defense.
A skilled attorney can help
Solicitation of minors by computer is one of the most serious offenses involving technology in North Carolina. But with awareness, vigilance, and a commitment to accountability, we can work to keep our communities and our children safe.
At Jetton & Meredith, we’re here to provide clarity and guidance in these complex cases. Whether you’re seeking legal advice, representation, or resources, our experienced team is ready to help.
Contact us today to learn more about your rights and options.