Enticing, Soliciting, or Approaching a Minor for Sexual Activity is a Severe Felony in Michigan
Whether by way of a sting operation or if a minor is actually involved, doing anything to persuade a child to engage in sexual activity is called Accosting a Child for Immoral Purpose, a felony punishable by up to four (4) years in prison.
Enforcement of Accosting a Child for Immoral Purpose Laws
For sex crimes involving minors, Michigan has stringent regulations and severe penalties. These include situations where an adult seduces or attempts to entice a minor (or someone posting as a child) for unethical reasons. “Accosting a Child for Immoral Purpose” is committed in Michigan when someone approaches, contacts, or entices a child with a sexual intention. A person might receive years in prison and massive fines if found guilty.
“Sting operations” are frequently used by law enforcement to obtain evidence on child sex offenses. They might have undercover police interact with suspected offenders online while pretending to be children. The individual involved rarely intends actually to meet the child for sexual purposes and frequently uses these discussions to vent or roleplay. In many cases, the person communicating with the undercover officer believes they are communicating with an adult pretending to be a teenager. Notwithstanding this, if sufficient evidence meets the requirements for the crime of accosting a minor, Michigan prosecutors will not think twice about pressing charges. If someone is innocent of Accosting a Child for Immoral Purpose allegations, it is best to work with a proven criminal defense litigator attorney and seek an outright jury trial acquittal.
Penalty for Accosting a Child for an Immoral Purpose
The maximum sentence for Accosting a Child for Immoral Purpose is up to four (4) years in the Michigan Department of Corrections. However, prison time is not mandatory.
If someone is convicted at trial or by plea, a judge has the discretion to sentence them to probation with or without up to one year in jail (less than the four (4) year maximum in prison). Few defense attorneys have the experience and skill to persuade a judge to order a sentence focusing on rehabilitation instead of punishment. The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have successfully convinced judges to allow hundreds of our clients to prove they can be helped and are not a danger to children. The fact is that good people can make horrible mistakes. With effective treatment and a sincere willingness to get help, offenders can rehabilitate without excessive punishment and being warehoused in prison.
How Can Someone Face Greater than the Four (4) Year Maximum Sentence
Michigan has laws that permit prosecutors to seek sentences exceeding the four (4) year maximum. Using a computer to commit the crime of Accosting a Child for Immoral Purpose, increases the maximum penalty to 10 years in prison. Additionally, the sentencing guidelines for using a computer to commit this offense often advise a judge to impose a sentence of years in prison. If a defendant has previous felony convictions, the maximum can increase to life in prison.
Accosting a Child for Immoral Purpose Stings and Entrapment
When law enforcement investigates sexual crimes against children, they often adopt a “the ends justify the means” mentality. Society wants police and prosecutors to aggressively pursue those who prey upon and harm minors. Unfortunately, some police officers take this directive too far and entrap individuals not predisposed to abusing children. For example, recent stings in Oakland, Wayne, and Macomb County resulted in Accosting a Child for Immoral Purpose charges against several men seeking sexual contact with adults. In these cases, officers posed as young, adult women and enticed men into meeting for sexual activity. Just before the meeting, the officers claimed they were 15-year-old girls. The situations were highly confusing given that the officers aggressively pursued the meetings, displayed highly advanced sexual knowledge, and shared purported selfies, which were actually intimate photographs of adult women. In many of these situations, the “suspects” believed they were communicating with adult women fantasizing about being teenagers or roleplaying.
Defendants who can demonstrate they are not predisposed to abuse children and undercover officers coerced them to commit crimes are not guilty by reason of entrapment. They are entitled to a dismissal of all charges.
Pre-Charge Investigation and Consultation
If someone faces accusations of Accosting a Child for Immoral Purpose, it is best to seek qualified legal representation immediately. A skilled pre-charge criminal defense attorney might be able to negotiate for reduced charges or provide exculpatory evidence convincing officers they’ve accused the wrong person or that a crime was not committed. For those who made a terrible mistake and face imminent prosecution, a lawyer can get them help, such as therapy or a sex offender evaluation, to ensure a low bond, more lenient plea bargaining, and a reasonable sentence if there is a conviction. Additionally, a savvy trial attorney will know how to locate exculpatory evidence and preserve it for their client’s defense if given the opportunity early enough in the proceedings.
What if someone is texting or messaging someone and becomes suspicious the person on the other end of the communication is an undercover officer? It is best to consult with a criminal defense attorney, such as the ones with LEWIS & DICKSTEIN, P.L.L.C., right away! Our lawyers might be able to mitigate the situation and demonstrate that our client had no intentions of meeting up with a minor for illicit purposes.
Frequently Asked Questions
What does accosting children for an immoral purpose mean?
Accosting a child for an immoral purpose means to induce or force a child to commit an immoral act, to submit to a sexual act, or to subject them to an act of depravity or delinquency, or to encourage a minor to engage in any of those acts.
What if there was no child involved?
The existence of an actual minor isn’t necessary for the government to prosecute a defendant on charges of Accosting a Child for Immoral Purpose. In most cases, the “minor” is actually an undercover police officer or federal agent posing as a child.
What is 750.145 Michigan law?
Michigan Compiled Law 750.145a is entitled, “Accosting, enticing or soliciting a child for immoral purpose.” It provides the following:
A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
What does accosting children mean?
Accosting a child means approaching them physically or through the internet to get them to do something immoral or deviant.
What is the difference between accosting and assaulting?
Accosting is to solicit or approach someone for some purpose. An assault is an attempt to commit a battery or make someone fear an imminent battery.
What is an immoral purpose?
“Immoral purpose” is not defined in the law; however, courts understand the term as any depraved sexual or grossly indecent act that the accused desires for whatever reason.
Top Defense Attorneys for Fighting Charges of Accosting a Child for an Immoral Purpose
If you face allegations of Accosting a Child for an Immoral Purpose, you face the real possibility of prison, sex offender registration, and other collateral consequences. Everyone makes mistakes, including police officers and private citizens; whatever the case, we have the skill, experience, and track record to help you. The attorneys and staff with LEWIS & DICKSTEIN, P.L.L.C. will treat you compassionately and with dignity. We will not judge you; our mission is to help you. Call us for a free consultation. We will take the time to answer your questions, address your concerns, and develop a winning strategy.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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