Charged Under Minnesota Statute § 609.352? A Minnesota Criminal Defense Lawyer Unpacks Your Solicitation Case
The moment you realize you are the target of a criminal investigation is a moment of pure, gut-wrenching fear. Now, you’re not just a target; you’re facing one of the most serious accusations a person can confront: solicitation of a child. The world seems to shrink, and the weight of what’s happening feels crushing. You never imagined yourself in this position. Perhaps it was a simple misunderstanding, a conversation taken out of context, or a situation where you were manipulated or set up. Maybe you were in a vulnerable state, and a momentary lapse in judgment has led to this nightmare. The accusation alone is enough to shatter your reputation, strain your relationships, and put your entire future in jeopardy. The shame and anxiety can be isolating, making you feel as though you have nowhere to turn.
You need to know that you are not powerless, and you do not have to navigate this terrifying landscape by yourself. The prosecution will paint you in the worst possible light, using the severe nature of the charge to pressure you into a plea deal that could ruin your life. They don’t care about your side of the story, the context of the situation, or the nuances that the law itself allows for. My role is to force them to see it. As a criminal defense attorney serving clients across Minnesota—from the bustling courtrooms of Minneapolis and St. Paul to communities in Rochester, Duluth, St. Cloud, and beyond—I have dedicated my career to standing up for individuals just like you. I understand the intricacies of these cases and the high-stakes battle you are now in. This is not just about fighting a charge; it’s about protecting your name, your freedom, and your future.
What a Child Solicitation Accusation Actually Means in Minnesota
In Minnesota, a charge of soliciting a child to engage in sexual conduct is not about what did or did not happen physically. It’s about communication. The entire case can be built on words, text messages, or online chats. This is what makes these accusations so dangerous and, in many cases, so unfair. You can be facing a felony conviction even if you never met the person you were communicating with, never touched anyone, and never intended for any physical encounter to actually occur. The prosecution’s focus is on your alleged intent and the content of your communications.
These “Minnesota solicitation charges” often arise from undercover internet stings where law enforcement officers pose as minors online. They engage in conversations designed to lead you into a legal trap. What might have started as an anonymous chat can quickly become the primary evidence in a felony case against you. Facing a solicitation accusation in Minnesota means the state believes it has proof that you, an adult, tried to persuade someone you believed was 15 years old or younger to engage in some form of sexual conduct. It is a serious felony offense that the state prosecutes aggressively, and you need a defense that is just as aggressive.
Minnesota’s Law on Child Solicitation — Straight from the Statute Books
The legal foundation for your charge is found in Minnesota Statutes § 609.352. It is critical to understand the precise language of the law, as every word can be a potential point of contention and defense in your case. The statute outlines not only what it means to solicit a child but also the specific penalties you face.
609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions. As used in this section:
(a) “child” means a person 15 years of age or younger;
(b) “sexual conduct” means sexual contact of the individual’s primary genital area, sexual penetration as defined in section 609.341, or sexual performance as defined in section 617.246; and
(c) “solicit” means commanding, entreating, or attempting to persuade a specific person in person, by telephone, by letter, or by computerized or other electronic means.
Subd. 2. Prohibited act. A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct with intent to engage in sexual conduct is guilty of a felony and may be sentenced as provided in subdivision 4.
Subd. 2a. Electronic solicitation of children. A person 18 years of age or older who uses the Internet, a computer, computer program, computer network, computer system, an electronic communications system, or a telecommunications, wire, or radio communications system, or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person, is guilty of a felony and may be sentenced as provided in subdivision 4:
(1) soliciting a child or someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in communication with a child or someone the person reasonably believes is a child, relating to or describing sexual conduct; or
(3) distributing any material, language, or communication, including a photographic or video image, that relates to or describes sexual conduct to a child or someone the person reasonably believes is a child.
Breaking Down the Legal Elements of Solicitation in Minnesota
For the prosecution to secure a conviction, they can’t just point to a few awkward or inappropriate messages. They must prove, beyond a reasonable doubt, that your actions met every single component of the legal definition of the crime. My job is to dismantle their argument, piece by piece, by challenging their evidence at every turn.
- The Act of Solicitation: This is the core of the accusation. The prosecution must show that you actively commanded, entreated, or attempted to persuade a specific person. This is more than just casual conversation. It requires a clear, persuasive effort on your part. Were your words truly a command or an entreaty? Or were they ambiguous, part of a fantasy role-play, or even initiated and escalated by the other party, who you now know was an undercover officer? We will scrutinize the entire transcript of the conversation to challenge the very notion that you were the one doing the “soliciting.”
- Belief About Age: The statute says the crime applies if you solicit a child or someone you reasonably believe is a child. This is a critical element. What evidence does the state have about your belief? In many online sting operations, the undercover officer may use avatars, language, and profiles that are deliberately ambiguous or even adult-like. Your “reasonable belief” is a subjective state of mind that the prosecution must prove with objective evidence. We can fight this by showing that the persona you were interacting with was not convincingly that of a child aged 15 or younger.
- Intent to Engage in Sexual Conduct: This is often the weakest point in the prosecution’s case. They must prove that your communication was done with the specific intent to eventually engage in real-world sexual conduct. Many online conversations, however explicit, exist purely in the realm of fantasy and escapism. If your words were never meant to leave the chatroom, if you had no plan or desire to meet the person, then the state may not be able to prove this crucial element. We will work to show that your communications, while perhaps inappropriate, did not equate to a genuine intent to commit a real-world crime.
Penalties for a Solicitation Conviction in Minnesota Can Be Severe
Make no mistake, a conviction under Minnesota Statute § 609.352 carries life-altering penalties. The legislature has designated this crime as a serious felony, and judges and prosecutors treat it as such. Understanding the potential consequences is the first step toward building a defense to avoid them. The “penalties for child solicitation in Minnesota” are not just a slap on the wrist; they are designed to be punitive and long-lasting.
Felony Conviction
A conviction for either in-person or electronic solicitation of a child is a felony. Under subdivision 4 of the statute, this is punishable by up to five years in prison, a fine of up to $10,000, or both. In addition to prison and fines, a judge can impose a lengthy period of probation with strict conditions, such as mandatory counseling, no-contact orders, and restrictions on your internet use. The “Minnesota sentencing for child solicitation” is harsh, and a felony on your record creates a lifetime of barriers.
What Child Solicitation Looks Like in Real Life — Common Scenarios in Minnesota
These charges rarely stem from a simple, clear-cut situation. They are often born from the complexities of online communication, misunderstandings, and aggressive law enforcement tactics. The context of your case is everything.
You might be facing charges that originated from a scenario you never thought could lead to a felony arrest. These situations can happen to anyone who uses the internet or finds themselves in a complicated personal dispute.
The Undercover Internet Sting
This is the most common scenario. You join a chatroom or dating app and begin talking to someone. The conversation becomes flirtatious, then sexual. Unbeknownst to you, the person you are talking to is not who they say they are; it’s a police officer from a Minneapolis cyber-crimes unit or a state BCA agent, posing as a teenager. They may steer the conversation, ask leading questions, and encourage you to say things you otherwise wouldn’t, all to build a case for solicitation.
A Misunderstood Social Media Exchange
Perhaps you reconnected with an old acquaintance from your hometown of Rochester on social media. You believed them to be your age, but it turns out they lied about their identity or you mistook them for someone else. A private conversation that you believed was between two consenting adults becomes the basis for a criminal charge when a parent discovers the messages and calls the police, leading to a shocking and unwarranted accusation of solicitation.
False Allegations in a Custody Battle
In a heated divorce or custody dispute in a suburb like Eagan or Maple Grove, emotions run high. A vindictive ex-partner might twist your words or even fabricate messages to gain an advantage in court. They could accuse you of sending inappropriate communications about or to a child, not for the child’s safety, but as a weapon to destroy your reputation and your relationship with your children. These false allegations can quickly spiral into a full-blown criminal investigation.
A Conversation Taken Out of Context
You could be a writer, an artist, or simply someone exploring themes of sexuality through online role-playing in a forum. The discussions are explicit but are understood by the participants to be fictional. However, if law enforcement in a place like Duluth or St. Cloud monitors these forums, they may misinterpret this fictional context as genuine solicitation, leading to your arrest based on a fundamental misunderstanding of your intent and the nature of the community you were a part of.
Legal Defenses That Might Work Against Your Solicitation Charge
When you are facing a charge as serious as child solicitation, it can feel like the evidence is insurmountable, especially if the prosecution has transcripts of your conversations. But a transcript only tells part of the story. An effective defense strategy involves looking beyond the words on the page and challenging the very foundation of the state’s case against you. There are powerful defenses available, and my job is to find the one that fits the unique facts of your case.
Building a successful defense requires a deep dive into the evidence, a thorough investigation of the police conduct, and a creative legal approach. We will not take the prosecution’s narrative at face value. We will question their motives, their methods, and their interpretation of the law. The goal is to create the reasonable doubt necessary for a dismissal, a reduction of charges, or a not-guilty verdict at trial. Remember, “defenses to child solicitation in Minnesota” exist, and we will use every available tool to protect you.
Challenging the “Intent” Element
The prosecution must prove you had the specific intent to engage in sexual conduct. This is a high bar for them to clear. We can argue that your communications were fantasy, role-play, or simply foolish talk with no real-world intentions.
- Lack of Concrete Plans: We will meticulously review all communications for any evidence of concrete planning. Did you ever try to set up a time and place to meet? Did you exchange real-world identifying information? The absence of these details strongly suggests your conversation was confined to the realm of fantasy, not a prelude to a real-life encounter.
- Context of the Conversation: Was the conversation part of a larger, ongoing fictional narrative or role-playing game? We can present evidence about the nature of the forum or app where the communication took place to show that explicit talk was the norm and understood by participants to be fictional. Your words cannot be viewed in a vacuum.
Arguing Entrapment by Law Enforcement
Entrapment occurs when the police induce or persuade a person to commit a crime that they were not otherwise predisposed to commit. In online sting operations, officers often cross this line.
- Who Initiated the Conduct?: A key question is who first brought up sexual topics. If the undercover officer initiated and persistently steered the conversation toward sexual matters, we can argue that they planted the criminal idea in your head. We will analyze the chat logs to show you were a target of persuasion, not the instigator.
- Pressure and Persuasion: Did the officer use undue pressure, emotional manipulation, or repeated requests to get you to engage in the prohibited communication? Law enforcement is allowed to provide an opportunity to commit a crime, but they are not allowed to manufacture it. We will expose any aggressive tactics used to build their case against you.
Attacking the “Reasonable Belief” Standard
The state must prove you reasonably believed the person you were communicating with was 15 or younger. This is a subjective and often debatable element of the charge.
- Ambiguous Online Persona: We will scrutinize the profile, avatars, and language used by the undercover officer. If the persona they created was deliberately ambiguous, used adult slang, or discussed mature topics, we can argue that a reasonable person would not have concluded they were communicating with a young child.
- Your Expressed Doubts: Did you ever express doubt about the person’s age during the conversation? Did you ask questions to verify their identity that were brushed aside? Any evidence that you were skeptical of their claimed age can be used to show that you did not “reasonably believe” they were a child.
Filing a Motion to Suppress Evidence
If the police violated your constitutional rights during the investigation, we can file a motion to have the evidence they collected thrown out of court.
- Illegal Search and Seizure: How did the police obtain the chat logs or your personal devices? Did they have a valid warrant? If they searched your computer, phone, or home without a proper warrant based on probable cause, any evidence they found could be deemed inadmissible, potentially gutting the prosecution’s entire case.
- Miranda Rights Violations: Were you interrogated by police? Did they read you your Miranda rights before you made any statements? If you were in custody and they questioned you without advising you of your right to remain silent and your right to an attorney, any confession or incriminating statements you made could be suppressed.
Minnesota Child Solicitation FAQs — What You Need to Know Now
Will I go to jail for child solicitation in Minnesota?
A conviction for this felony offense carries a potential sentence of up to five years in prison. However, the outcome depends heavily on the specifics of your case and the quality of your legal defense. An aggressive defense attorney can fight for alternative outcomes, such as having the charges dismissed, reduced to a lesser offense, or securing a probationary sentence without prison time. My goal is always to avoid a conviction and incarceration.
Can a child solicitation charge be dismissed in Minnesota?
Yes, dismissal is a possible and often achievable goal. A case can be dismissed if we can show that the evidence is insufficient, that the police engaged in misconduct like entrapment, or that your constitutional rights were violated during the investigation. Early intervention by an attorney can significantly increase the chances of getting the case dismissed before it ever reaches a trial.
Do I need a lawyer for a solicitation charge in Minneapolis or St. Paul?
Absolutely. This is not a charge you should ever face alone. The prosecutors in Hennepin and Ramsey counties are experienced and aggressive. You need an attorney who understands the local court systems, the prosecutors, and the judges. A skilled lawyer can navigate the complexities of your case, protect your rights, and build the strongest possible defense from day one.
How long does a solicitation charge stay on my record in Minnesota?
If you are convicted of this felony offense, it will stay on your criminal record permanently unless you can get it expunged. The expungement process in Minnesota is complex and not always guaranteed, especially for serious felonies. The best approach is to fight the charge aggressively from the outset to avoid a conviction in the first place, thereby keeping your record clean.
What is the difference between solicitation and grooming?
While related, they are distinct concepts. Solicitation, under § 609.352, is the specific act of asking or persuading a child to engage in sexual conduct. Grooming is often seen as the broader pattern of behavior an offender uses to build trust and emotional connection with a child to lower their inhibitions, which may eventually lead to solicitation and abuse. Solicitation is a specific criminal charge based on communication.
Is mistake of age a valid defense?
No. Minnesota Statute § 609.352(3)(a) explicitly states that “Mistake as to age is not a defense to a prosecution under this section.” This means you cannot defend yourself by simply saying you thought the person was older. However, we can still challenge whether your belief that they were a child was “reasonable” based on the evidence.
What if the “child” was actually a police officer?
This is the basis of most online sting operations. The fact that you were communicating with an undercover officer and not a real child is not a defense under the law. The statute is designed to prosecute the attempt, regardless of whether a real child was ever involved or at risk. Our defense would instead focus on entrapment or lack of intent.
Can my computer and phone be seized as evidence?
Yes. If the police have a valid search warrant, they can legally seize your computer, phone, tablets, and any other electronic devices they believe may contain evidence related to the charge. It is crucial that you do not consent to a search of your devices without a warrant and that you speak to an attorney immediately.
What should I do if the police contact me?
You should be polite but firm. State clearly and unequivocally, “I am exercising my right to remain silent, and I want to speak with my lawyer.” Do not answer any questions, do not try to explain your side of the story, and do not consent to any searches. Anything you say can and will be used against you. Contact a criminal defense attorney immediately.
What is the first step in building my defense?
The very first step is to hire a defense attorney who has experience with these specific types of cases. You need to schedule a confidential consultation to review the facts of your situation. During this meeting, we can discuss the accusations, the potential evidence, and the immediate steps we need to take to protect your rights and start building your defense strategy.
Will my name be made public?
If you are formally charged with a crime, the court records, including your name and the charges against you, become a matter of public record. This is why it is so critical to have an attorney intervene early, ideally before charges are even filed, to try and resolve the matter discreetly and prevent public damage to your reputation.
Can I get a plea bargain?
Plea bargains are common in criminal cases. A prosecutor might offer to reduce the charge to a less serious offense in exchange for a guilty plea. Whether a plea bargain is a good option depends entirely on the strength of the evidence against you and your personal goals. I will evaluate any plea offer and give you my honest assessment, but the final decision is always yours.
What if I was just joking or role-playing?
This goes directly to the element of intent. If we can successfully argue that your communications were clearly understood as fantasy, satire, or role-playing within a specific community context, we can create significant reasonable doubt about your intent to engage in real-world sexual conduct. This can be a very powerful defense.
Does a conviction require mandatory sex offender registration?
While this specific statute doesn’t automatically trigger mandatory registration for a first offense, it is a very real possibility. A judge can order registration as a condition of probation, and a conviction for any sex-related crime makes you vulnerable to future legal changes and heightened scrutiny. Avoiding a conviction is the only way to be certain you will not end up on the registry.
How much does it cost to hire a lawyer for this type of case?
The cost of a private criminal defense attorney varies based on the complexity of the case. While it is a significant investment, you must consider the alternative. A public defender may be overwhelmed with cases, and the cost of a felony conviction—in terms of your freedom, your career, and your future—is immeasurable. I offer a confidential consultation to discuss your case and my fee structure.
What a Solicitation Conviction Could Mean for the Rest of Your Life
A felony conviction under Minnesota Statute § 609.352 is more than just a sentence; it’s a permanent brand that follows you long after you have served your time or completed probation. The collateral consequences are severe and far-reaching, affecting every aspect of your life. Understanding these “life after a conviction” realities underscores the urgency of fighting your charge today.
Your Name on a Public Criminal Record
A felony conviction creates a public record that can be accessed by anyone with an internet connection. Employers, landlords, and even casual acquaintances can easily discover your past. This public stain can lead to immediate judgment and suspicion, making it incredibly difficult to rebuild your reputation and move forward. Every job application, housing request, or even attempt at online dating will be shadowed by this conviction, forcing you to constantly explain the worst moment of your life.
The End of Your Career and Professional Aspirations
For many, a felony conviction is a professional death sentence. You may be fired from your current job and find it nearly impossible to find new employment, especially in fields that require state licenses (like teaching, nursing, or real estate) or positions of trust. Background checks are now standard practice for most employers, and a conviction for a crime of this nature will almost certainly disqualify you from consideration, closing doors to opportunities you have worked your entire life to create.
Loss of Housing and Educational Opportunities
Finding a safe place to live becomes a monumental challenge with a felony conviction. Most landlords and apartment complexes run background checks, and a sex-related felony is often grounds for immediate denial of your application. Similarly, many colleges and universities may deny admission or financial aid to individuals with a criminal record of this type. The conviction can effectively bar you from securing the basic needs of shelter and self-improvement.
Permanent Loss of Your Second Amendment Rights
Under both federal and Minnesota law, a felony conviction results in a lifetime ban on your right to possess, own, or use a firearm or ammunition. This is not a temporary suspension; it is a permanent loss of a constitutional right. For those who value firearm ownership for sport, hunting, or self-defense, this consequence is absolute and irreversible. It is another freedom that is stripped away by a conviction.
Why You Need a Tough, Experienced Minnesota Solicitation Defense Attorney
When the full weight of the state is coming down on you, you cannot afford to face it alone or with uncertain representation. The prosecutor has a single goal: to secure a conviction. You need an advocate whose only goal is to protect you. You need a dedicated, private Minnesota child solicitation defense attorney who will stand between you and the prosecution and fight for your future.
The Advantage of a Focused, Private Defender
Unlike a public defender who may be juggling hundreds of cases at once, I limit my caseload so I can give your defense the attention and resources it deserves. This isn’t just another file on my desk; it’s your life. I will personally handle every aspect of your case, from the initial investigation to courtroom arguments. We will have time to go over every piece of evidence, explore every legal angle, and build a defense strategy tailored to you. You get direct access to me, not a paralegal or a junior associate, ensuring you are always informed and empowered.
How Immediate Action Can Change Everything
The most critical window in a criminal case is often the first 48 hours. By hiring an attorney immediately, you give me the chance to get involved before charges are even filed. I can contact the investigators and prosecutors on your behalf, present your side of the story in a controlled and strategic manner, and point out the weaknesses in their case from the very beginning. This proactive approach can sometimes lead to the investigation being dropped entirely or convince the prosecutor to file lesser charges or no charges at all.
Understanding the Local Courts from Minneapolis to Duluth
Navigating the criminal justice system is not a one-size-fits-all process. The court procedures, prosecutorial tendencies, and judicial philosophies can vary significantly from Hennepin County to St. Louis County. I have experience defending clients in courtrooms across Minnesota, from the Twin Cities metro of Minneapolis, St. Paul, Bloomington, and Eagan to regional centers like Rochester, St. Cloud, and Duluth. This statewide experience allows me to tailor our strategy to the specific environment where your case will be heard, giving you a crucial home-field advantage.
Building a Defense That Gets Results
My approach is not to simply wait for a plea offer. It is to build a case so strong that the prosecution is forced to reconsider its position. This involves conducting our own investigation, subpoenaing records, interviewing witnesses, and challenging the state’s evidence with powerful legal motions. Whether the best path is negotiating a dismissal, securing a favorable diversion program, or taking your case to a jury trial and fighting for a “not guilty” verdict, every action we take is aimed at achieving the best possible outcome for you. Your future is on the line, and you need a fighter in your corner.