Luring is a serious and harmful issue. Child luring occurs when underage individuals are involved in offenses such as sexual exploitation, incest, child pornography, and sexual assault via the use of text messages, e-mails, Instagram, Facebook, twitter and other social networking services (SNS). Whether the accused knows the victim is under 18 years old or not is a key element to determine guilt and decide the punishment. The length of jail time can vary from 90 days to 10 years, depending on the circumstances.
An offense is committed in the following situations:
● Communicating with a minor, or who the accused believes is a minor for sexual exploitation, incest, child pornography, and sexual assault.
● Communicating with a person under 16 years old or who the defendant believes is under 16 years old, for the purpose of sexual exploitation, invitation to sexual touching, indecent exposure, and abduction.
● Communicating with a person under 14 years old or who the defendant believes is underage in order to abduct the underage individual.
How can the accused defend him- or herself? The answer is to provide evidence that the accused took “reasonable steps” to determine if the alleged victim was a minor. If he or she fails to do so, the defendant could not argue that he/she truly believed the person reached the legal age.
It is difficult to gather evidence as these situations can be very complex require an expert to secure your freedom. Make an appointment with Fadi Kazandji, a criminal lawyer for child luring, for your first consultation at no cost.
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