Accosting, Enticing, or Soliciting a Child for Immoral Purposes in Michigan

Defending Against Serious Child-Related Criminal Charges

RELATED: Is consent a defense to a charge of Accosting, Enticing or Soliciting a Minor in Michigan?

What Happens When a Computer or the Internet is Involved in Accosting, Enticing, or Soliciting a Child for Immoral Purposes?

Things become much more complicated and serious when a computer or the Internet is involved. If you are suspected of using a computer to Accost a Minor for Immoral Purposes, the Police will likely obtain a Search Warrant, which is a court order to take not just your computer but your cell phone, hard drives, and all other electronic devices. They can enter your home unannounced and remove all of these items, whether you are home or not. Since it is a court order, you will not have the opportunity to object before these items are taken against your will.

Once these items are seized, they will be taken to a Detective specializing in forensic computer examinations. They will be turned on, plugged into a special computer at the Police Department, and run through a battery of forensic examinations with specialized software like Oxygen Suite or others. These programs are capable of detecting web browsing history, SMS messaging history, social media, and instant messaging history and are even capable of accessing deleted content. In fact, deleted content may even be used to show malicious intent.

Additionally, if a computer or the Internet is involved, you risk being charged with Using a Computer to Commit a Crime, MCL 750.145d. When the underlying crime is Accosting a Child, this separate crime is a felony punishable by "imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both." Unlike most crimes, even an attempt or conspiracy to use a computer or the internet to commit a crime that falls short of actually committing the crime is treated the same. While an attempt usually cuts the maximum sentence in half, here, an attempt is still punishable by up to 10 years in prison.

If you are convicted of Using a Computer or Internet to Commit the crime of Accosting a Child, this separate crime carries its Sex Offender Registration: it is a "Tier 2" offense, requiring public registration on the Michigan Sex Offender Registry for 25 years. In many ways, the added charge of Using a Computer or the Internet to Commit a Crime in Michigan is more serious than the original charge of Accosting, Enticing, or Soliciting a Child for Immoral Purposes, and it includes using not just a computer, but also a cell phone, gaming device, PDA, or similar devices.

Often, the prosecution will charge additional crimes or "counts" of the same crime to improve their bargaining position so they can later dismiss charges and make it appear as if they're doing you a favor. For example, based on the same alleged act, a person may be charged with "Count 1: Accosting, Enticing or Soliciting a Child for Immoral Purposes" and "Count 2: Using a Computer to Commit a Crime." The Prosecutor may agree to dismiss the Accosting charge in exchange for a guilty plea to Using a Computer or Internet to Commit a Crime. This may seem like a good deal to the unsuspecting attorney and their unfortunate client. However, when the Accosting is still the underlying offense, you're still signing up for potential jail or prison time and Sex Offender Registration for the next 2 1/2 decades after their release.

Sex Offender Registration and Legal Consequences for Accosting a Child in Michigan

Whether or not a particular plea deal or conviction will require Sex Offender Registration on the Michigan Sex Offender Registry, as well as what type of registration, is always best left for individual judgment on a case-by-case basis. By law, those convicted of Accosting, Enticing, or Soliciting a Child for Immoral Purposes are required to register publicly as sex offenders for 25 years beginning after any period of Jail or Prison ends (actually, registration begins even before Sentencing). Accosting a Child is a Tier 2 offense in Michigan, requiring you to verify certain information with the Police twice per year.

Failing to comply with the requirements of the Sex Offenders Registration Act results in another serious felony charge of Failing to Register as a Sex Offender. The same is valid for Using a Computer or the Internet to Commit this crime (Tier 2, 25 years public registration). This is why getting a reduced charge with less or no registration is crucial even in the worst cases that do not go to trial.

Anyone with an Internet connection can access the public Michigan Sex Offender Registry. A registered sex offender is prohibited from residing, working, or loitering within 1000 feet of school property, known as a "Student Safety Zone" (with exceptions for students living with parents). The offender's work address will be published online along with their home address, and NO employer wants their address connected with the Sex Offender Registry. This is one reason why it is impossible to find or maintain employment when sex offender status becomes known.

Reporting, Notification Requirements, and Legal Obligations

In addition to "reporting" or "verifying" two times per year, you would have to notify the proper law enforcement agency immediately if you do any of the following:

• Enroll at a College or University or end enrollment;
• Change place of employment quit, or are fired;
• Change residence or domicile;
• Change name;
• Establish any E-mail or Instant Message account or any other type of account used in Internet communications;
• Intend to temporarily reside at any place other than your residence for more than seven days; or
• Purchase or start to drive any vehicle regularly, or if you sell, transfer, or stop driving the vehicle.

Failures to register, report/verify, and comply with the Sex Offenders Registry Act are crimes themselves. You must aggressively defend against Accosting a Child for Immoral Purposes charges.

Can I Get the Holmes Youthful Trainee Act ("HYTA") for Accosting, Enticing, or Soliciting a Child for Immoral Purposes in Michigan?

It is possible, but it depends. The significant advantage of getting HYTA is that you never have to register as a sex offender (with limited exceptions, but they would not apply to anyone recently charged. Accosting a Child for Immoral Purposes isn't per se ineligible for the Holmes Youthful Trainee Act. But because Accosting a Child is a "listed offense" that requires sex offender registration, a young person cannot get HYTA unless there is a showing by clear and "convincing evidence" that they are not likely to commit further listed offenses in the future. Finally, if the case involves any act characteristic of 1st Degree Criminal Sexual Conduct ("CSC"), 2nd Degree CSC, 3rd Degree CSC, or 4th Degree CSC. Even if you do get HYTA, you can still be sentenced to jail or prison.

The Michigan Holmes Youthful Trainee Act, MCL 762.11, allows a young person aged 17 to 21 (24 beginning in August 2015) to plead guilty and have the case dismissed if they successfully complete their sentence.

Penalties for Accosting a Child for Immoral Purposes in Michigan and the Importance of a Strong Defense

The Michigan Accosting a Child for Immoral Purposes laws make it a felony punishable: "imprisonment for not more than 4 years, or a fine of not more than $4,000.00, or both." 

The actual amount of possible Jail or Prison time for Accosting a Minor will depend on the Michigan Sentencing Guidelines. With a top Michigan sex crimes attorney fighting hard on your behalf, even if you are guilty, you can get Probation for Accosting a Child for Immoral Purposes.

While challenging, rather than focusing on how much time you could spend behind bars, it is far more crucial to focus on how you will fight these charges with an impeccably skillful and detailed Michigan sex crimes Lawyer such as ours at Prain Law, PLLC. This is your life. This is your future. Don't trust it to just anyone!

If you are facing charges of accosting a child for immoral purposes, don’t wait. Contact us now for a strong defense tailored to your situation!