Online solicitation of a minor is a serious offense in Kentucky that involves using digital communication (such as texting, email, or social media) to engage a minor in sexual conversation or attempt to set up a meeting for sexual purposes. This is usually a felony charge and may be brought even if no meeting actually takes place. 

These charges often result from law enforcement sting operations. In many cases, the person on the other end of the conversation isn’t a real child but an undercover officer posing as one. Learning about how the law works is critical if you or someone you care about is facing this kind of charge.

Kentucky’s Laws on Solicitation of a Minor Online

Under KRS § 510.155, it is illegal to use electronic communication to solicit a minor for sexual purposes. This includes any attempt to persuade, invite, or encourage someone under the age of 18 to engage in a sexual act or conversation.

The law is broad enough to cover situations where the “minor” is actually an undercover officer posing as a child. In these cases, it is the defendant’s belief that they were speaking with a minor that matters. The crime occurs the moment the solicitation is made, regardless of whether a meeting happens or whether the person is truly underage.

What Must the Prosecution Prove in an Online Solicitation Case?

To convict someone of this offense, the prosecution typically must prove “beyond a reasonable doubt” that:

  • The defendant used a computer, cell phone, or other digital device to communicate
  • The communication involved sexual content or an attempt to engage in unlawful sexual activity
  • The person solicited was under 18 or was presented as a minor by law enforcement
  • The defendant believed they were speaking with someone underage

Online solicitation is considered a separate offense from any actual physical contact or sexual conduct. That means someone can be charged and convicted even if no physical meeting ever takes place.

Penalties for Online Solicitation in Kentucky

The penalties for online solicitation of a minor in Kentucky depend on several factors, such as the defendant’s age and the age of the person they were soliciting. The penalties also vary depending on the nature of the communication and whether the defendant took further steps, such as arranging a meeting.

Online solicitation of a minor is generally classified as a Class D felony in Kentucky, and penalties may include:

  • 1 to 5 years in prison
  • Fines of up to $10,000
  • Mandatory sex offender registration
  • Probation or parole restrictions

If the alleged victim is under the age of 12 or if the case involves other aggravating factors, the offense may be charged as a Class C felony, which carries a longer prison term of 5 to 10 years.

Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today

Online solicitation of a minor is a serious sex crime that can follow you for the rest of your life. A conviction can affect everything from your job prospects to where you’re allowed to live. If you’re facing these allegations in Kentucky, it’s essential to speak with a Louisville criminal defense lawyer as soon as possible.

Our knowledgeable attorneys at Suhre & Associates DUI and Criminal Defense Lawyers can review the facts of your case and work toward as favorable a resolution as possible, including having your charges dropped altogether. Contact us today to schedule a free consultation.

For more information, contact the sex crimes attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202

(502) 371-7000