Los Angeles, CA asked in Criminal Law and Federal Crimes for California

Q: Can I be charged with solicitation of a minor if the person is actually 18 pretending to be 16 or 17?

Online chat was initiated with individual claiming to be 18, said they were 17 at some point but then it moved to sexual messages and them trying to get me to come over. Said I would but had no intention of ever doing so and stopped chatting. Was contacted by a fake Facebook profile threatening to expose me to the public and cops. Now being extorted for money. Individuals involved at actually 22 and 18, threatening to go to the cops or get money and keep asking for more.

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2 Lawyer Answers
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD

A: It's a statutory crime. Illegal even if they pretend to be of age. You should immediately contact a lawyer. You may be both a defendant and a victim of blackmail. If you are interested in talking to me, click on my profile for the phone number and we can have a free initial consult on all of this. The simple answer is that if you discuss sexually oriented material, or exchange material with a minor you could be facing the consequences of this even if you were misled.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: That sounds like extortion, which is itself a crime. As to your liability, it depends on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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