Indecent solicitation of a child charges in Rhode Island
This offense penalizes the conduct of soliciting a person under age 18, or who the defendant believes to be under age 18, to engage in various conduct related to child pornography, possession, creation or dissemination of obscene material, prostitution or any form of sexual conduct.
This charge is both a felony and a sex offense. Under Rhode Island Criminal law, Indecent Solicitation of a Child may be found at Rhode Island General Laws, Section 11-37-8.8.
What are the legal elements for indecent solicitation of a child
In order to be convicted of Indecent Solicitation of a Child, there must exist strong evidence of the following three legal elements:
- that the accused engaged in some form of solicitation
- of another under age 18 or who the accused believed was under age 18
- to commit an offense under Rhode Island General Laws, Chapters 9, 34 and 37 of Title 11
What is solicitation for purposes of this crime
For purposes of Indecent Solicitation of a Child, the term “solicits” or “solicitation” is defined as commanding, authorizing, urging, requesting, or advising another to perform an act.
The solicitation may be done verbally by phone or in person, in written form, or through electronic means such as text message, email, instant messenger, or another form of electronic communication.
What conduct qualifies for indecent solicitation of a child
The law against Indecent Solicitation of a Child outlaws soliciting a child to commit the following conduct: any conduct related to child pornography, sexting, disseminating indecent material, prostitution, cruelty or neglect to a child, child abuse, sexual intercourse or sexual contact.
Potential punishment if convicted of indecent solicitation of a child in Rhode Island
Indecent Solicitation of a Minor is felony under Rhode Island law. Upon a conviction of this sex offense, a defendant shall be sentenced to a term in prison of not less than 5 years.
This penalty may be found at Rhode Island General Laws, Section 11-37-8.9. Interestingly, the statute does not set forth a maximum punishment, which leaves this an open question of law.
This office is also considered a sex crime. Therefore, convicted offenders who are released from prison must comply with sex offender registration and counseling requirements.