Facing online solicitation charges in Vancouver, WA? Learn about Washington law, potential penalties, digital evidence, and possible criminal defense strategies.

If you have been accused of online solicitation charges in Vancouver WA it is important to understand the seriousness of the charges. Conversations on online dating sites, via text message, on social media or other online communication methods can lead to serious charges including allegations of sexual misconduct with minors.

As mentioned above, there are many different ways that a person can be charged with online solicitation for sex in Washington depending on the facts and circumstances. Charges can be misdemeanors or felonies and result in significant time in jail and/or prison, as well as serious dollars and sex offender registration in certain situations and for long periods of time.

Vancouver WA Online Solicitation of a Minor Attorney – Has Your Child Been Used in an Online Solicitation Sting Operation?

At Mcaleer Law, we defend the rights of those charged with crimes in Vancouver, WA. If you or a loved one have been arrested or charged with online solicitation or any other crime, you will want to turn to a seasoned and local Vancouver criminal defense attorney.

What Is Online Solicitation Under Washington Law?

“Online solicitation” is a term more commonly used by the media than by attorneys. When we refer to an “online solicitation” charge, we are referring to the specific criminal charge(s) that have been alleged against the accused. That charge could be one of several different offenses.

RCW 9.68A.090 outlines the crime of communication with a minor for immoral purposes, as well as increased penalties for other types of immoral communication with a minor (including the use of electronic communication), and increased degrees and/or penalties for certain prior convictions. Read RCW 9.68A.090.

Depending on the facts of the case, an online solicitation investigation may involve many things including:

  • Messages exchanged through social media or dating applications.
  • Alleged attempts to arrange unlawful sexual activity.
  • Communications involving someone believed to be underage.
  • Online conversations that investigators interpret as sexually exploitative.
  • Allegations involving commercial sexual activity or sex trafficking.
  • Suspected attempts to arrange an in-person meeting.

Each crime described here has its own set of elements that the prosecutor must prove in order to secure a conviction. Not every highly improper conversation over the Internet constitutes a crime.

Can a person be charged with online solicitation without ever having met another person?

Yes. There are some ways a person can be charged with online solicitation without meeting someone in person for the offense.

Messages, chat logs, online accounts and other online evidence of communication will be reviewed by investigators to determine if the communication(s) in question support the allegations for the charged online solicitation offense(s).

However, just because you have sent on-line messages or communication does not mean you have committed a crime, and must rely on the particular on-line communication and the applicable statute.

Instead of relying on police selected and fabricated screenshots of alleged messages, a qualified defense attorney can review all the online communication.

How Do Online Solicitation Sting Operations Work?

Sting Operations. Online solicitation sting operations frequently involve undercover police or even undercover profiles of minors on the Internet. Communications with the accused are preserved and at times used as evidence of their intent to commit a crime.

An investigation may involve several stages:

  • Online communication: The investigator follows the online activity that appears to be related to a crime and collects messages, screenshots, account information, etc.
  • Evidentiary matters: Collection and preservation of evidence such as chats, screenshots, account information and other online digital information.
  • Identity investigation: Identify the person or people involved in the online activity.
  • Further investigation into the circumstances of the alleged offense including searches of homes and cars for computers and other devices involved in the communication as well as interviews with family, friends and others who know the accused.
  • Charging Decision: The charges that will be filed as a result of the investigation and evidence collected.

These investigations can take many turns and often investigators will first contact the individual suspected of online solicitation before making an arrest. Typically much time passes between an investigation and the filing of charges against a defendant.

An undercover profile itself does not necessarily constitute unfair or illegal conduct. However, all of the online and offline communication, as well as the investigative methods and procedures employed in the sting operation, can be thoroughly reviewed by defense counsel for potential legal and factual issues.

What Are the Penalties for Online Solicitation in Washington?

The class of offense, and thus the degree of penalty, for online solicitation for minor children depends on the facts of the case, the seriousness of the offense, the criminal history of the accused person, and the circumstances of the alleged conduct.

Communication With a Minor for Immoral Purposes

At best, Communication with a Minor for Immoral Purposes is charged as a gross misdemeanor under RCW 9.68A.090. There are however circumstances under which this conduct is classified as a Class C felony. Primarily, this would include the existence of qualifying prior sexual-offense convictions and whether or not the communication was by way of covered electronic communication.

The classification of the crime as defined by statute will determine the degree of crime and the possible penalty for that crime. It is best to have an attorney review the charges before attempting to approximate the amount of time that could be spent in jail or prison for that crime.

The other crimes charged as part of the online solicitation of a child case may be based on the evidence of additional instances of sexual conduct, sexual exploitation, and/or commercial sexual activity with others.

Each offense has its own set of facts and law that must be met in order for the charge to be sustained. Simply being charged with online solicitation does not mean that all of the other related offenses have been charged.

Long-Term Consequences

In addition to the case at hand, there are many other consequences of a conviction for online solicitation of a minor in Washington. Some of these are discussed below.

  • Jail or prison time.
  • Court-imposed fines and other financial obligations.
  • A criminal record.
  • Employment and professional licensing difficulties.
  • Damage to personal and professional relationships.
  • Sex offender registration obligations when required by law.

The registration requirements for all of these offenses can vary depending on the offense of conviction and the specific laws of Washington. Therefore, the term “online solicitation” does not mean the defendant automatically will be required to register as a sex offender.

Are age issues an issue in your case?

Age-related issues can be complicated under Washington law.

Lack of knowledge of the victim’s age is not a defense for communication with a minor for immoral purposes or other similar offenses in RCW 9A.44.106(1) and RCW 9A.44.106(2). However, RCW 9.68A.110 establishes an affirmative defense for communication with a minor for immoral purposes in certain circumstances where the accused has attempted in a reasonable and good faith manner to determine the age of the minor by requesting the minor to produce appropriate government issued identification or student identification issued by a public or private educational institution, and the accused has not relied upon the minor’s statement of age or upon the minor’s appearance in determining the minor’s age. The accused must prove this affirmative defense by a preponderance of the evidence. See RCW 9.68A.110.

Merely asserting that one believed the other party was an adult is not enough. Whether or not such a statutory affirmative defense applies to a given charge is dependent upon the facts of the case and the specific charges that have been brought.

Your lawyer can review online conversations, identifications that were produced, a complete history of conversations with the minor and the applicable laws for your case.

Common Defenses to Online Solicitation Charges in Vancouver WA

Each online solicitation charge will have its own unique defenses. Those will depend on the offense(s) for which the person was charged, the evidence that the state has used and/or will use to attempt to prove that the person committed the offense(s) charged, and the specific circumstances of the case.

1. Challenging the Interpretation of Messages

Online communication can often be presented in a partial manner (i.e., out of context). That which was intended to be communicated can be subject to misinterpretation by the receiver and the investigator alike.

As part of defending your online communication, your defense attorney will analyze the full online conversation, including all of the surrounding information including time stamps and related information to defend your interpretation of the online communication against the prosecution’s.

2. Challenging Evidence of Intent

You assert that the messages reviewed by the police and used against you, and all the other evidence, prove that you had the necessary unlawful purpose in communicating with a minor online. Your lawyer will scrutinize that evidence to determine whether it in fact supports that conclusion.

Again, this is just another way of stating the legal standard for each specific charge for which the accused has been charged and prosecuted under the relevant statute.

3. Questioning Digital Evidence

Some of the information left on-line by a person accused of soliciting a minor for sexual purposes includes: chat logs of on-line conversations, printed or digital photographs and/or videos, on-line account information, information about the physical device(s) from which they accessed the on-line material.

Can digital evidence against an online solicitation defendant be challenged by the defense? Digital evidence such as online chats, text messages, email and other information found on a defendant’s computer can be challenged by the defendant’s online solicitation attorney.

4. Examining Identity Issues

An online account or a defendant’s use of a defendant’s device does not necessarily establish that the defendant sent every message. Whether another person shared the use of the device, had account access, etc. is a question of fact.

A lawyer can help determine whether the prosecution has enough evidence to prove that the accused was the real sender of the online communication(s) charged in the case.

5. Reviewing the Undercover Investigation

An attorney would review the communications between your online self and the undercover officer as well as the methods of the investigation for any possible wrongdoing. The use of an undercover online profile does not in and of itself violate any laws; however, the specific circumstances may be questionable.

6. Challenging Unlawfully Obtained Evidence

Is the search for evidence on your phone, computer or online account legal?

When evidence was obtained illegally, the evidence can be suppressed or even excluded at trial and the case could potentially be dismissed.

Even the best defense does not guarantee that the case can be dismissed. An attorney must review the evidence and then determine what arguments will be effective in the given case.

What Should You Do If Police Contact You About Online Solicitation?

Keep in mind that if you are contacted by the police or investigated for online activity, you need to take the situation seriously.

Consider these steps:

  • It is in your best interest to ask for the opportunity to speak with an attorney before you answer any questions from the investigators.
  • Be very careful when you are speaking regarding an online solicitation case. Do not provide officers with information that they can use against you later. Provide them with information that will assist the officers with investigating the case against the true offender. Keep you comments very brief and avoid speculation.
  • Preserve relevant evidence. Avoid deleting or destroying any messages, online accounts or records that could be used against you in your case.
  • Do not contact the alleged victim and do not discuss the case with them or try to influence their statement regarding the case.
  • Don’t obstruct an investigation. Your attorney will advise you regarding devices, records, and interviews requested by the other side.
  • Be sure to keep track of legal documents and dates. For example, if you receive a warrant, subpoena, summons, or other type of notice from the court, get legal help right away.

Your attorney can also tell you whether or not search and seizure of your phone or computer were done properly and whether all evidence collected against you will be allowed into evidence at trial.

Can a Lawyer Help Before Online Solicitation Charges in Vancouver WA Are Filed?

Yes. Although a lawyer cannot usually respond for you until charges have been filed in a case, it is possible for a lawyer to assist you during the pre-charge investigation stage of an online solicitation case.

Depending on the circumstances, a lawyer may:

  • Assess the known facts and potential allegations.
  • Explain your rights during police interviews.
  • Help preserve relevant evidence.
  • Review the legal basis for investigative steps.
  • Identify factual or legal weaknesses in the allegations.
  • Advise appropriate parties and maintain interests.

Having an attorney early on in the investigation does not guarantee that the charges will be dropped; however, the attorney can guide you through the process and help you avoid making mistakes during the investigation that could be detrimental to your case.

Learn more about investigation and pre-charge defense.

Can Online Solicitation Charges in Vancouver WA Be Dismissed?

That the charge can be dismissed under the provisions of the law as long as there are sufficient legal grounds for such action.

A lawyer might explore the following in your case:

  • Whether the prosecution can establish every required element.
  • Whether digital evidence reliably supports the allegations.
  • Whether the evidence identifies the correct person.
  • Whether the investigation complied with applicable legal requirements.
  • Whether a pretrial motion (a legal application made prior to trial) can be made to challenge the evidence or the charge itself.

In preparation of a thorough defense we would like to review the actual charges against you, all the communication involved in the alleged offense and all evidence that the prosecutor will use to prove their case against you.

Online Solicitation Defense Lawyer in Vancouver, WA

Accusations of online solicitation carry great danger to a person’s way of life – their freedom, good name, and future. Online solicitation charges in Vancouver WA are often accompanied by complex digital evidence that can be used in earnest by undercover police to charge a person under very strict online solicitation statutes.

Mcaleer Law serves the Vancouver, WA community for issues like online solicitation in which a person is charged with a crime

Whether it is an online investigation that police have contacted you in regard to and you are worried about a future charge, or you have already been charged with an online solicitation crime, we can assist you with your online solicitation defense.

If you or someone you care about has been charged with online solicitation in Vancouver, WA for consultation to explore all of your options.