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Online Solicitation of a Minor in Michigan

How Michigan law treats online solicitation of a minor: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Using the internet or a computer to communicate with a minor, or someone believed to be a minor, for the purpose of committing listed sex crimes, child sexually abusive material offenses, kidnapping and other crimes is a separate offense whose penalty depends on the maximum for the… MCL 750.145d(1)-(2)

Online solicitation of a minorUsing the internet or a computer to communicate with a minor, or someone believed to be a minor, for the purpose of committing listed sex crimes, child sexually abusive material offenses, kidnapping and other crimes is a separate offense whose penalty depends on the maximum for the underlying crime: up to 1 year (misdemeanor) for crimes punishable by under 1 year, rising in steps to up to 10 years and/or $5,000 for crimes with a 4- to 10-year maximum, up to 15 years and/or $10,000 for crimes with a 10- to 15-year maximum, and up to 20 years and/or $20,000 when the underlying crime carries 15 years or more or life.
Last amended by 2012 PA 353, eff. Jan. 1, 2013.

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FAQ

Is online solicitation of a minor a felony in Michigan?
Using the internet or a computer to communicate with a minor, or someone believed to be a minor, for the purpose of committing listed sex crimes, child sexually abusive material offenses, kidnapping and other crimes is a separate offense whose penalty depends on the maximum for the underlying crime: up to 1 year (misdemeanor) for crimes punishable by under 1 year, rising in steps to up to 10 years and/or $5,000 for crimes with a 4- to 10-year maximum, up to 15 years and/or $10,000 for crimes with a 10- to 15-year maximum, and up to 20 years and/or $20,000 when the underlying crime carries 15 years or more or life.
Can I get a court-appointed lawyer for online solicitation of a minor in Michigan?
Michigan's rule on court-appointed lawyers: Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section. MCL 780.991(3)
How much does a lawyer for online solicitation of a minor cost in Michigan?
Lawyers set their own fees, and Michigan has rules on how they may charge. See hiring a criminal defense lawyer in Michigan for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for online solicitation of a minor in Michigan?
How release before trial works in Michigan: Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release. MCL 765.6 What happens after an arrest.
Can a conviction for online solicitation of a minor be removed from my record in Michigan?
Each state sets its own rules for sealing or expunging records. See Michigan expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.