Tennessee Solicitation of a Minor :: Tennessee Criminal Lawyer Blog

Solicitation of a minor in Tennessee is found in Tenn. Code Ann. § 39-13-528. Under this section, it is a crime for a person over the age of 18 to use oral, written or electronic communication to try to persuade a person that they know, or should know, is under the age of 18, or a law enforcement officer posing as someone under the age of 18, to engage in a sexual act.

In order to be convicted of solicitation, the defendant must have been attempting to solicit some activity that has been made criminal. Under this code section, there is a list of nine different crimes involving minors for which a defendant can be charged with solicitation. Among these crimes are rape, statutory rape, and sexual battery.

One of the catches that comes with solicitation charges is that the solicitation does not have to be successful in order for a defendant to be charged. Therefore, even if the recipient denies the advances, the defendant may still be charged with solicitation.

Punishment for solicitation is graded as one classification lower than the offense that would have been committed had the solicitation been successful and the act completed. For example, solicitation of a minor to engage in activity that would have satisfied the requirements for rape, a Class B felony, would result in a charge of solicitation as a Class C felony.

Under Tennessee law, there is also a separate crime for soliciting a minor to observe sexual conduct — Tenn. Code Ann. § 39-13-529. Under this section, it is illegal for a person over the age of 18 to try to persuade a person that they know or should know is under the age of 18, or a law enforcement officer posing as a person under the age of 18, to engage in sexual activity that will be viewed by the defendant. This is a Class B felony. It is also illegal for a person over the age of 18 to engage in sexual activity or furnish sexual materials for the purposes of being viewed by a person under the age of 18. This is a Class E felony, unless the victim was under the age of 13, in which case it is a Class C felony.

If you have been accused of a sex crime in Tennessee, it may be in your best interest to contact a skilled Knoxville criminal defense attorney at Baker Associates. Being charged with a sex crime in Tennessee can be a confusing and complicated time that you should not handle alone. Call 866-853-2888 for a free consultation.