Minnesota Court of Appeals Expands Online Sex Crimes Definition

The state’s highest criminal court recently ruled that any offline efforts are a “substantial step” towards the commission of a sexual offense.

In State v. Wilkie, a BCA (Bureau of Criminal Apprehension) agent posed as a 14-year-old boy on Grindr, a social media site that caters to bisexual and gay men. The decoy began chatting with Wilkie. After exchanging explicit messages, the two agreed to meet. When Wilkie knocked on the door of the home, he was arrested.

The substantial preparation rule is a longstanding one in Minnesota sex crimes cases. Specifically, people commit third-degree sexual assault if they engage in substantial preparation. But until this case, this expansion has always meant physical contact.

This case makes it easier for authorities to prosecute sex crimes relating to online activity. Always contact a trusted Minnesota internet sex crimes defense attorney right away.

Common Online Sex Crime Charges 

Various sex crime charges can arise from online encounters, including: 

• Criminal sexual conduct in the fifth degree
• Solicitation of children to engage in sexual conduct
• Communicating sexually explicit materials to children
• Child pornography

Under Minnesota court precedent, 5th-degree criminal sexual conduct charges might also result if someone arranges a sex-related meeting with someone they believe to be a minor and takes a substantial step toward engaging in that meeting. 

Engaging in certain behaviors online, even if seemingly harmless or consensual, can lead to serious criminal charges. Further, trying to meet with a child following online communications can lead to more severe charges and penalties. 

No matter what charges you face, you need a strong defense. 

The Importance of Strong Sex Crime Defense

Being accused of an online sex crime can have severe consequences, including: 

• Imprisonment
• Fines
• Sex offender registration 
• Professional and personal consequences

You might have to register as a sex offender if convicted, even if the charges were not based on actual sexual contact with a minor. 

Having a strong legal defense is imperative to protect your rights and secure the best possible outcome. There are many defense strategies possible, so contact an experienced Minnesota online solicitation of a minor attorney as soon as possible.

Can You Use an Entrapment Defense?

One potential defense in arrests arising from sting operations might be entrapment. Entrapment means that the defendant was not predisposed to commit the crime in question, but officers induced the defendant to commit an offense they otherwise would not have committed.

While entrapment might seem to apply to sting operations like the one in Wilkie, there is a reason Wilkie did not raise this defense. It can be difficult to demonstrate someone was not predisposed to commit an internet sex crime when they were already on an adult-themed site to begin with. However, your Minnesota internet sex crimes lawyer should examine whether this defense might apply to your situation. 

Contact an Experienced Minnesota Sex Crime Lawyer Today

Now more than ever, you need a committed lawyer to counter online sex crimes allegations. For a free consultation with an experienced St. Paul criminal defense attorney, contact Capitol City Law Group at 651-705-6311.