Is There a Typical Scenario in an Arrest for a Sex Crime Such as Solicitation?
Interviewer: What are the common backstories you hear from your clients? Do they have a common theme about their arrest?
Many People Use the Internet Inappropriately
Attorney Churak: The majority of them just went online. My clients have been from all walks of life, including professionals, married people and kids. I don’t know whether it’s the excitement, the thrill or they simply become addicted.
I do think part of it is they’re addicted to the Internet and they may have some sexual issues as well. Suddenly, the authorities are showing up at the house with a search warrant and they’re confiscating the computer and you’re going to jail.
Even If the Individual Is Not Communicating with an Actual Minor, Their Intent to Do So Is Considered a Crime
Interviewer: How is this still considered a crime when the person they are communicating with isn’t actually a minor?
Attorney Churak: It’s the intent that is the crime. You have to think it’s a minor. Law enforcement only has to prove that you thought that you were talking to someone under the age of 17 for sexual gratification.
What Does Law Enforcement Wait to Transpire before They Make an Arrest?
Interviewer: How low is the threshold for prosecution on these cases? Do they usually wait until you meet up with a person?
Attorney Churak: No, I’ve seen it handled both ways. I’ve seen it we’re they’ve actually staked out the meeting area they planned to meet and actually arrested the person there. In most of the cases I deal with in this situation, my client had not ever met the individual. It was just all communications over the Internet.