The internet has blurred the lines between justice and vigilantism. You might remember the popular show To Catch a Predator, which aired on Dateline NBC, where decoys posed as young teenagers in internet chatrooms. This concept has now been adopted by everyday people creating content on platforms like YouTube, raising questions about the legality and ethics of online sting operations.
In today’s digital age, services like YouTube allow individuals to film and upload content, often taking on vigilante roles and replicating the practices of Dateline NBC. These individuals join apps like Snapchat or Instagram, presenting themselves as potential targets and engaging in conversations with adults.
If you ever find yourself facing a camera lens while someone reads your chat logs, it’s crucial to remain calm and understand your rights. This article, brought to you by JC Law and experienced attorneys like James E. Crawford Jr., aims to provide information on:
- Solicitation and assignation laws in Maryland, including potential penalties.
- The limitations of vigilante justice and considerations surrounding these stings.
- Your rights and possible defenses in court if accused.
What is Solicitation and Assignation?
Understanding the legal definitions of solicitation and assignation is critical. According to Maryland law, sexual solicitation of a minor involves urging, enticing, or requesting a person under the age of 18, whether in person, by mail, electronic means, or phone, to commit a sex act. Assignation, on the other hand, refers to an appointment or arrangement for sex, prostitution, or lewdness. The key point here is that sex doesn’t have to occur for you to be charged with a crime.
Most charges stemming from child predator sting operations involve solicitation of a minor. Typically, police arrest the individual attending the meeting as part of the sting, before any explicit activity transpires.
Solicitation is a felony crime in Maryland, carrying severe penalties, including:
- Up to 10 years in prison
- A fine of up to $25,000
- Potential registration on the Sex Offender Registry
Depending on the specifics of the case, additional charges could be added, potentially increasing the penalties.
These are serious charges you want to avoid. Similar charges can be enforced in other states, such as DC, VA, and PA.
How Worried Should You Be About YouTube Vigilantes?
Encountering a situation where you’re being filmed, whether by a single handheld camera or a full media crew, should be taken seriously.
However, it’s important to remember that the person behind the camera might not be a police officer. Your Fifth Amendment rights remain intact regardless of the situation. If someone is filming you, there’s a chance they might submit the footage to law enforcement for review. In that case, you are not obligated to answer any questions.
“The privilege against self-incrimination is a constitutional right, and it’s crucial to understand and exercise it when facing potential criminal charges.” – James E. Crawford Jr., JC Law
Furthermore, the video might end up online, so avoid becoming aggressive towards the person filming you.
While online vigilantism appears to be declining as YouTube actively bans channels and removes videos that lure individuals into sting-like situations, it still poses a threat.
If you find yourself in a non-law enforcement-led ‘sting’ and the individual filming threatens to submit evidence to the police, treat the threat seriously. There have been instances where police have made arrests after receiving evidence from independent sources.
Fighting Solicitation Charges in Court
If arrested following an appearance in a video, contacting an attorney and remaining silent until legal counsel is present are crucial. Your lawyer can analyze the video, explain your options, and potentially challenge the methods employed by those filming.
Potential Legal Strategies:
- Two-Party Consent (Maryland): Maryland is a two-party consent state, meaning both parties must consent to a phone call being recorded. If a phone call was recorded without your consent during the video, your lawyer can leverage this to negotiate charges.
- Entrapment: Entrapment occurs when law enforcement or other entities induce an individual to commit a crime they wouldn’t otherwise commit. However, the burden of proof rests on the defendant to demonstrate that they were not predisposed to the behavior. This can be challenging to prove.
Your lawyer will conduct a thorough examination of your case to identify potential weaknesses in the prosecution’s argument, assess the legitimacy of the evidence, and evaluate your personal record. If you find yourself facing solicitation charges, contact JC Law for a free initial consultation. These charges should not be taken lightly, as they carry significant penalties.
Seek legal help. At JC Law, experienced attorneys are ready to provide you with a robust and effective defense. We understand the intricacies of solicitation and assignation laws in MD, VA, PA, and DC.
Understanding the Laws of Solicitation and Assignation
| State | Definition of Solicitation | Penalties |
|---|---|---|
| Maryland (MD) | Urging, enticing, or requesting an underage person to commit a sex act | Up to 10 years in prison, a fine of up to $25,000, and possible registration on the Sex Offender Registry |
| Virginia (VA) | “Enticing, soliciting, or importuning any child to meet with him for any immoral purpose” | Class 6 felony, punishable by imprisonment for 1 to 5 years, or confinement in jail for up to 12 months, and a fine of up to $2,500, either or both |
| Pennsylvania (PA) | “Enticing a child to engage in prostitution or sexual activity” | Felony of the second degree, punishable by imprisonment for up to 10 years and a fine of up to $25,000 |
| District of Columbia (DC) | “Engaging in unlawful sexual conduct with a minor” | Imprisonment for a term of up to 30 years, a fine up to $250,000, or both |
Disclaimer: Laws are subject to change, and the information provided here should not be considered legal advice. Consult with an attorney for specific legal guidance.
Contact JC Law for a consultation today. We’re here to provide you with the most robust and effective defense possible. Our team, including attorneys like James E. Crawford, Jr., is here to help you.
