What Is Washington’s Law on the Enticement of a Minor?

In Washington, the enticement of a minor carries severe consequences and societal repercussions. This crime, which can be charged at the federal level or the state level under a different name, encapsulates a range of inappropriate behaviors with children. If you are facing charges for enticement of a minor, here is what you need to know about the potential penalties and how you can minimize the potential damage to your life and livelihood. 

What Is Enticement of a Minor in Washington? 

Enticement of a minor is a federal offense that involves any adult communicating with someone under the age of 18 to engage in sexual conduct. The communications can be via any electronic means, including the internet and social media. Enticement of a minor is a felony offense punishable by imprisonment in federal prison for at least 10 years, up to life.

18 U.S. Code § 2422 – Coercion and enticement

1. a) Whoever 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 attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained 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 attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.

At the state level, enticement of a minor is known as communication with a minor for immoral purposes. The distinction between state and federal jurisdiction generally hinges on the nature and scope of the crime. If the communications cross state lines or rely on interstate facilities to commit the offense, it will usually be charged at the federal level. On the other hand, state charges may be brought forward under circumstances that involve direct interactions within the state or less extensive schemes. Both levels of prosecution carry severe penalties.

Penalties for Enticement of a Minor in Washington

The severity of penalties for enticing a minor in Washington can vary widely, depending on whether the offense is prosecuted as a gross misdemeanor or a Class C felony. The determination typically depends on the nature of the communication and any previous criminal history of the defendant.

A gross misdemeanor can result in up to 364 days in jail and a fine of up to $5,000. For Class C felony charges, those convicted can face up to five years in prison and a fine of up to $10,000.

Revised Code of Washington 9.68A.100: Communication with minor for immoral purposes—Penalties.

(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.

(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes, including the purchase or sale of commercial sex acts and sex trafficking, through the sending of an electronic communication.

(3) For the purposes of this section, “electronic communication” has the same meaning as defined in *RCW 9.61.260.

Common Defenses to Enticement of a Minor Charges

Being accused of enticement of a minor can have a serious impact on your life. Not only can your freedom be threatened, but you can also face intense social stigma and ostracization for the crime. However, you have the right to defend yourself against these charges.

You can leverage a range of potential defenses to fight an enticement of a minor conviction, such as:

• Age of Consent: A common defense is proving that the supposed victim was actually 18 years or older, thus consenting legally to the interactions.
• Violation of Constitutional Rights: You may argue that your rights were violated during the investigation. This can include improper police conduct such as entrapment, unlawful search and seizure, or coerced confessions.
• Entrapment: Another defense is to show that you were entrapped by law enforcement officials. Entrapment occurs when officers or agents induce a person to commit a crime that they otherwise would not have committed.

What to Do If You Are Falsely Accused of Enticement of a Minor

Being falsely accused of enticing a minor is a serious and distressing situation. However, it is important to keep calm and seek help as soon as possible in the aftermath. Here are immediate steps you should consider:

• Do Not Communicate With Accusers or Law Enforcement: Avoid discussing the case with anyone but your lawyer.
• Hire an Attorney: Engage with a criminal defense attorney who specializes in sex crimes as soon as possible to begin building your defense.
• Collect Evidence: Gather any communications, documents, or witness information that can support your innocence.
• Stay Off Social Media: Do not post anything online that might be used against you in your case.

Speak to a Washington Criminal Defense Attorney Today

The implications of a charge related to the enticement of a minor are severe and can alter your life dramatically. An attorney can provide the necessary guidance and advocacy to help you navigate this challenging legal landscape and protect your freedom. 

If you or someone you know is facing these charges, contact a Tacoma criminal defense lawyer immediately. A lawyer can ensure your rights are protected and fight to pursue the best possible outcome in your case.