Under state laws a person generally commits the criminal offense of solicitation of a minor—also known as solicitation of a minor for lewd purposes—if the person knowingly solicits a minor to meet the person or another person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the person or another person. These laws are generally located in a state’s statutes—often in the penal or criminal code—and may be prosecuted as a misdemeanor or as a felony offense, depending on the state’s laws and the circumstances of the alleged crime.
And under federal law a person commits the criminal offense of coercion and enticement if the person knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(a).
Similarly, a person commits this criminal offense of coercion and enticement if the person uses the mail or any facility or means of interstate or foreign commerce (including the internet or telephones) to knowingly persuade, induce, entice, or coerce any individual under the age of 18 years to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(b).
And a person commits the related federal criminal offense of transportation of minors if the person knowingly transports an individual under the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with the intent that the individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. 18 U.S.C. §2423(a).
In Montana, solicitation of a minor for lewd purposes is a criminal offense that occurs when an individual knowingly solicits a minor to meet with the intent that the minor will engage in sexual acts. The severity of the charge, whether misdemeanor or felony, depends on the specific circumstances and the state's laws. Under federal law, coercion and enticement is a crime described in 18 U.S.C. §2422(a), which involves persuading or coercing an individual to travel to engage in illegal sexual activity, and 18 U.S.C. §2422(b), which specifically addresses using communication means to persuade or coerce a minor into such activities. Additionally, the federal offense of transportation of minors, under 18 U.S.C. §2423(a), involves the transportation of a minor with the intent to engage in prostitution or illegal sexual activity. These federal statutes apply when there is an element of interstate or foreign commerce involved in the offense.