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  1. #1
    Join Date
    Jul 2010
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    Tampa, FL
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    1

    Default Sexual Solicitation of a Minor Charge

    My question involves criminal law for the state of: Arkansas

    My sister who is 19 met a girl online who represented herself as being 16. My sister then living in Colorado and the girl living in Arkansas. They perused a "relationship" via the web for about 6 months. My sister then decided to travel to AR to meet her "girlfriend". They were caught making out in a parking lot and arrested. The girl turned out to be 15, which is under the legal age of consent for AR, and my sister was arrested and is being charged with sexual solicitation of a minor. I have been trying to find out if this is a felony charge and if so what class does it fall under? Im looking to see what kind of time she is looking at in regards to the offense. Any information in regards to this would be highly appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Sexual Solicitation of a Minor Charge

    Is this the charge?
    Quote Quoting 5-14-110. Sexual indecency with a child.
    (a) A person commits sexual indecency with a child if:
    (1) Being eighteen (18) years of age or older, the person solicits another person who is less than fifteen (15) years of age or who is represented to be less than fifteen (15) years of age to engage in:
    (A) Sexual intercourse;

    (B) Deviate sexual activity; or

    (C) Sexual contact;
    (2)
    (A) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to another person who is less than fifteen (15) years of age.

    (B) It is an affirmative defense to a prosecution under subdivision (a)(2)(A) of this section if the person is within three (3) years of age of the victim; or
    (3) With the purpose to arouse or gratify a sexual desire of himself or herself or a sexual desire of any other person, the person purposely exposes his or her sex organs to a minor, and the actor is:
    (A) Employed with the Department of Correction, Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

    (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

    (C) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust and authority over the minor;
    (4) With the purpose to arouse or gratify his or her sexual desire or a sexual desire of another person, a person who is eighteen (18) years of age or older causes or coerces a minor to expose his or her sex organs to another person, and the actor is:
    (A) Employed with the Department of Correction, the Department of Community Correction, any city or county jail, or any juvenile detention facility, and the minor is in custody at a facility operated by the agency or contractor employing the actor;

    (B) A mandated reporter under § 12-18-402(b) and is in a position of trust or authority over the minor; or

    (C) The minor's guardian, an employee in the minor's school or school district, a temporary caretaker, or a person in a position of trust or authority over the minor; or
    (5) Being eighteen (18) years of age or older, the person causes or coerces another person who is less than fourteen (14) years of age to expose his or her sex organs or the breast of a female with the purpose to arouse or gratify a sexual desire of himself, herself, or another person.
    (b) Sexual indecency with a child is a Class D felony.
    A Class D felony carries a maximum prison term of six years. Even if that's the charge, however, if there's a plea bargain the charge could change.

  3. #3
    Join Date
    May 2010
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    108

    Default Re: Sexual Solicitation of a Minor Charge

    It seems like that says LESS THAN 15... 15 is not less than 15, so it does not seem it would be a violation of THIS law.
    Quote Quoting Mr. Knowitall
    View Post
    Is this the charge?
    A Class D felony carries a maximum prison term of six years. Even if that's the charge, however, if there's a plea bargain the charge could change.

  4. #4
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Sexual Solicitation of a Minor Charge

    Best thing to do is hire an attorney and keep her mouth shut. Hopefully that was the case. Also, knowing that AR is not under Adam Walsh Act yet, its dependent on the states prosecutor. The police can charge one thing, but the prosecutor can bump up the charges. Just depends on how badly they want to make an example of her. Also, it would be a good idea to read up on if this would require registration if convicted. It takes loads of money to stay off that registry or to at least plea bargain, but even if she doesnt make it onto the registry, in AR, she may have to register in her home state. Understand one thing, its pretty rare for women to get sex offenses and generally speaking they are not dealt with as harshly as a man which is sexist, but hey its the mindset nowadays.

    Best thing is to hire an attorney. If you cannot afford one, forgive me for saying, she is at the mercy of the state and is pretty much screwed. There are groups out there who trying to get laws changed due to someone being under 20 and the other party being 15, but that wont see any light till perhaps next year. There are many sites dedicated to these types of laws and support groups who are going through these situations that can better inform you. But again, hire an attorney if you can. The reality is that these laws have gained momentum from the media and have painted many sex offenders with a broad brush. Meaning, cases like yours are being looked upon by many as if she is a child molestor, which is not the case. These laws are trampling on the constitution and being made to appear as regulatory laws which are supposed to be non-punitive but everyone knows are punitive.

    Good luck, and even though I gave my opinion, it does not constitute legal advice because I am not an attorney. Only an attorney can give you legal advice.



    Sosen.org, sexoffenderissues.blogspot.com

  5. #5
    Join Date
    Jan 2009
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    14

    Default Re: Sexual Solicitation of a Minor Charge

    Quote Quoting Barthel
    View Post
    Understand one thing, its pretty rare for women to get sex offenses and generally speaking they are not dealt with as harshly as a man which is sexist, but hey its the mindset nowadays.
    Amanda Goforth, a Mississipi teacher, was sentenced a few days ago to 30 years (yes, 30 years) in prison for having sex with an underage female girl (she was 25 years old, the girl 14 when the sex act occured). So, a female sex offender is sometimes very harshly sentenced. Your sister must be careful.

  6. #6
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Sexual Solicitation of a Minor Charge

    Quote Quoting jennyfriend
    View Post
    Amanda Goforth, a Mississipi teacher, was sentenced a few days ago to 30 years (yes, 30 years) in prison for having sex with an underage female girl (she was 25 years old, the girl 14 when the sex act occured). So, a female sex offender is sometimes very harshly sentenced. Your sister must be careful.

    Yeah there was another case I think in Colorado or some where west that a teacher had sex with her 15 year old student as well. Her father apparently was running for sheriff of that town. Female sex offenders are in my opinion rare and perhaps that state wanted to make an example of her because I have seen cases with women and they either walk free or with probation but rare on jail time.

    In no way any adult should make it a norm to date or entice anyone younger than 18 unless they want to gamble with their life and spend it behind bars or worse be placed on probation and have to register for your entire life.

    People are people and will make greivous errors but I just cant understand what is the compulsion to want to be with someone young. I had a 24 year old female come on to me, and I was like ewww im 16 years older than her, what can she possibly do for me besides sexual gratification. Mentally shes not my type so I turned her away. Just cant understand why people dont take a step back and analyze the situation and the consequences behind their actions.

    Anyway good luck and hope it works out.

  7. #7
    Join Date
    May 2010
    Posts
    108

    Default Re: Sexual Solicitation of a Minor Charge

    Quote Quoting jennyfriend
    View Post
    Amanda Goforth, a Mississipi teacher, was sentenced a few days ago to 30 years (yes, 30 years) in prison for having sex with an underage female girl (she was 25 years old, the girl 14 when the sex act occured). So, a female sex offender is sometimes very harshly sentenced. Your sister must be careful.
    A teacher is in a position of control, I think that makes a big difference in sentencing of teachers. These days it seems more like 50/50 female/male when teachers are involved, and yes female teachers get just as harsh sentences as male teachers.

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