In Nebraska, allegations of child solicitation are serious.
If someone accuses you of child solicitation or enticement, you can face charges under federal and state law.
Omaha Attorney Tom Petersen is an experienced Nebraska lawyer who practices in federal, state, and local courts.
Attorney Tom Petersen and the team will not judge or lecture you.
Instead, the Petersen Law Firm will defend your reputation and protect your rights.
What Does Child Solicitation Mean?
Generally, indecent solicitation of a child is when an adult solicits or lures a child away from their parents.
Child solicitation can occur electronically (internet, smartphone, social media, dating apps, or messaging apps) or in-person (stores, parks, streets, playgrounds).
What Is the Charge Enticement of a Child in Nebraska?
In Nebraska, two felony statutes define child solicitation and enticement. Charges depend on what you discussed with the child and whether you used an electronic device.
Child Solicitation Definition
First, the State can charge you with criminal child enticement—what is commonly known as child solicitation—if you “solicit, coax, entice, or lure” a child into your vehicle.
Also, the State could charge you with child solicitation if someone accused you of attempting to lure a child into your vehicle. The child does not have to enter your car or truck.
Next, the State can also charge child solicitation if someone accuses you of hiding a child from their parents.
The statute defines hiding a child as soliciting, enticing, coaxing, or luring a child away from their parents or the public. Child enticement is a Class IIIA Felony.
If a jury finds you guilty of child enticement, you can face three years in prison and a $10,000 fine.
Child Solicitation Defenses
Unfortunately, not knowing the child’s age is not a defense. A jury could find you guilty of child solicitation if you thought the child was over the age of 14—even if the child lied to you.
However, there are defenses. For instance, it is not criminal child enticement if you thought the child’s parents permitted you to take the child.
Also, if you are an emergency worker acting in the scope of your employment, then you may not have committed child solicitation.
Lastly, if you had the child go with you because of an emergency or were protecting the child’s safety, you may not have committed child solicitation.
What Is Indecent Solicitation of a Child in Nebraska?
In Nebraska, indecent solicitation of a child is the crime of enticement by an electronic communication device .
The State can charge you with electronic enticement if you are over 19 years old and use a device (cellphone, computer, social media, dating apps, or messaging apps) to communicate or sexually solicit a child under 16 years old.
The person you solicit does not actually have to be under 16. For example, indecent solicitation of a child could apply if you talked to a police officer pretending to be a child.
Unfortunately, the statute is broad and favors the State. The statute defines indecent communication as any “lewd, lascivious, or obscene language, writing, sound,” or any sexual pictures or videos you may have sent.
Also, a jury can find you guilty under this section if you solicit a child or teenager to participate in sexual acts.
Indecent solicitation of a child is problematic. Nebraska can charge indecent solicitation of a child even if you do not live in Nebraska.
Nebraska deems this offense to occur where the communication was sent or received. So a jury could find you guilty if you are in Texas and communicated with a Nebraska child.
What Is Federal Child Solicitation?
A jury can find you guilty of federal coercion and enticement if you persuade, entice, or coerce a person to travel across state lines to engage in illegal sexual activity.
Douglas County is a border county. Therefore, it’s easy for child solicitation to lead to federal charges.
For instance, if you communicate with a child in Council Bluffs and that child comes over the bridge to see you in Omaha, you can face federal charges.
Furthermore, under federal law, a person is guilty of child solicitation if they use the mail or interstate commerce to solicit a child to engage in any illegal sexual activity.
If a jury finds you guilty, you can face a life sentence.
Omaha Aggravated Indecent Solicitation of a Child Lawyer
If someone accuses you of indecent solicitation of a child, you need to speak with a lawyer.
Nebraska Attorney Tom Petersen and his team will not judge or lecture you.
Instead, Tom Peterson offers an aggressive defense that will protect your rights and restore your reputation.
Call us today or contact us through our online form to learn more about how we can help with your defense.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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