South Carolina Sexual Solicitation Lawyers
South Carolina law enforcement and FBI agents are entering chat rooms pretending to be minors interested in sex. Typically, an officer enters a chat room and either joins a conversation of a sexual nature or waits for one to head in a sexual direction. After establishing a persona as an underage teen interested in sex, agents then wait to see if a chat room participant offers or solicits sexual favors from them. After an online solicitation occurs, investigators track the chat room participant's IP address and begin monitoring his or her email and Internet activity. If a meeting place and time is proposed, agents wait for the suspect to show. If the suspect arrives, his arrival is taken as an indication of intent to have sex with a minor. At the Law Office of Richard J. Breibart, our attorneys challenge the actions and version of events given by law enforcement in the arrest of people accused of the online sexual solicitation of a minor.
Don't assume that the case against you is opened and shut. The actions and assumptions of investigators may taint the evidence collected or the sting operation itself. To discuss your case, contact criminal defense attorneys at the Law Office of Richard J. Breibart today.
Fighting Charges of Sexual Solicitation of a Minor
To date, the courts have upheld the constitutionality of law enforcement officers posing as minors in chat rooms. However, a question of entrapment may arise if it can be shown that an officer didn't passively attract or resist illegal activity but actively encouraged it. Secondly, even if a suspect arrives at the location of an agreed to meeting sight, the prosecution must prove that he or she intended to have sex with a minor.
Issues here might include whether or not a suspect had condoms, drugs, alcohol, or other accouterments on his person that would indicate intent to have sex. If none of these things was in your possession, the prosecution may not be able to prove that you intended to have sex with the person you believed to be a minor.
Reducing the Charges or Sentence Against You
Depending on the circumstances of your arrest, it may be possible to plead your case down to a lesser charge or sentence. Here, people who are themselves victims of sexual abuse, psychological disorders, drug addictions, or other problems may be able to convince the court to reduce their sentence in exchange for extensive counseling and a plea to a lesser charge. Here, a plea bargain may not help you avoid jail but it may result in eligibility for probation at an earlier date and exempt you from registration as a sex offender.
To discuss your case and how we can help you, contact criminal defense attorneys at the Law Office of Richard J. Breibart today.
