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 North Carolina, solicitation of a minor for lewd purposes is addressed under state statutes, which define the crime as knowingly soliciting a minor to meet with the intent that the minor engage in sexual activity. The severity of the charge, whether misdemeanor or felony, depends on the specific circumstances of the case, including the age of the minor and the nature of the solicitation. Federally, the crime of coercion and enticement under 18 U.S.C. §2422(a) involves persuading or coercing an individual to travel to engage in prostitution or illegal sexual activity, while 18 U.S.C. §2422(b) specifically targets the use of interstate commerce means, such as the internet, to entice or coerce a minor under 18 into such activities. Additionally, under 18 U.S.C. §2423(a), the federal offense of transportation of minors is committed when a person knowingly transports a minor with the intent that the minor engage in prostitution or illegal sexual activity. These federal laws apply when there is an element of interstate or foreign commerce involved in the offense.