Defenses Against Charges of Online Enticement in Connecticut
Enticing a Minor is categorized as a sex crime in Connecticut and is punishable by steep fines as well as lengthy terms of imprisonment, but that does not mean it is impossible to proactively and effectively fight back against this kind of allegation. Here are some examples of common defenses against charges of online enticement in Connecticut, some of which a defense lawyer from our team can help you utilize in defense of your rights and best interests.
Misrepresentation of Age
One of the core components of Enticing a Minor as defined under Connecticut General Statutes (C.G.S.) §53a-90a is that the defendant knew or reasonably believed that the person they were interacting with online was under the age of 18. Accordingly, proving that you were misled by an Internet user who claimed to be a legal adult when they were actually a minor can sometimes be used as a defense against charges for Enticing a Minor by computer in Connecticut.
Mistaken Identity
Along similar lines, you cannot be convicted of Enticing a Minor by computer unless the prosecution can prove beyond a reasonable doubt that you intentionally, knowingly, and personally communicated in an unlawful way with a minor over the Internet. If you can prove someone else used your computer to send unlawful messages and that youwere not responsible for sending any of them, you can use that as a counterargument against prosecution under C.G.S. §53a-90a.
No Attempt to Arrange an Unlawful Sexual Encounter
C.G.S. §53a-90a specifically addresses using a computer to persuade, entice, or otherwise coerce a minor into a sexual encounter, which would be unlawful for the defendant to participate in. Therefore, someone who is also a minor themselves attempting to arrange such a meeting online has not violated this statute, and they may be able to use their own age as a defense against prosecution in Connecticut for online enticement. Someone who arranges a meeting with a minor for non-sexual purposes through the Internet has also not violated C.G.S. §53a-90a, although they could face legal liability in other ways depending on the circumstances.
Can Entrapment Be Factored into a Defense Against Enticing a Minor Charges?
Law enforcement authorities sometimes conduct sting operations with the goal of luring out and arresting people who intend to violate C.G.S. §53a-90a of their own accord, and arrests stemming from properly executed sting operations can hold up in court. However, if police fail to follow proper procedures and coerce someone into violating this statute when they would not have done so without that external interference, that person may have grounds to contest any ensuing criminal charge on grounds of entrapment.
Discuss Possible Defenses Against Enticing a Minor Charges With a Connecticut Attorney
Not all these defenses against charges of online enticement in Connecticut will be applicable to every case or to every defendant. What they should illustrate even in brief here, though, is that it is possible to challenge assertions made by law enforcement officers and prosecutors that you knowingly attempted to arrange a sexual encounter with a minor over the internet, and that you have help available from knowledgeable legal counsel with doing so.
By working with Mark Sherman Law, you can improve your chances of securing the most favorable outcome given your specific circumstances. Call today to discuss your options, or click here to visit our Avvo.com profile and read verified reviews written by past clients of ours.