Defending Solicitation Of A Minor Charges In Georgia
As a Marietta criminal defense attorney, I know few accusations carry more stigma or potential damage than being charged with solicitation of a minor in Georgia. Even before a trial begins, a person accused of this crime faces serious social, professional, and personal consequences. Allegations like these often come from online stings, misunderstandings, or mistaken identity, yet law enforcement and prosecutors treat every case as if guilt is already certain. My role is to protect the constitutional rights of those accused and ensure that every piece of evidence is scrutinized in accordance with Georgia law.
Solicitation of a minor is prosecuted aggressively in Cobb County and across Georgia because it involves alleged contact with someone under 16. The problem is that many cases rely on online communications or undercover operations that blur the line between intent and entrapment. Understanding how the law defines this offense and how defenses work in real situations can make all the difference in protecting one’s freedom and future.
How Georgia Law Defines Solicitation Of A Minor
Under O.C.G.A. § 16-6-5, solicitation of sodomy, prostitution, or other sexual acts becomes more serious when the alleged victim is under the age of consent. However, solicitation of a minor for sexual purposes typically falls under O.C.G.A. § 16-12-100.2, which covers computer or electronic solicitation of a minor. This statute makes it illegal for any adult to use the internet, text messages, or other digital means to solicit, lure, or entice someone believed to be under 16 to engage in sexual activity.
Importantly, the law applies even if the person communicating is not actually a child but rather an undercover officer posing as one. That means a person can be charged with solicitation of a minor without ever contacting a real child. The prosecution must prove intent—specifically, that the defendant believed the person was underage and that the defendant’s words or actions showed a clear intent to commit a sexual act.
Convictions for this offense carry life-changing penalties, including prison time, mandatory sex offender registration, and strict probationary restrictions. A conviction can also end a career, destroy personal relationships, and permanently damage a reputation.
The Role Of Entrapment In Solicitation Cases
Many solicitation of a minor cases in Georgia stem from sting operations by local or federal agencies. In these investigations, law enforcement officers pose as minors online and engage in conversations to determine whether an adult intends to commit a sexual act. While these operations aim to prevent real harm, they also raise legitimate questions about entrapment.
Under O.C.G.A. § 16-3-25, entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. For example, if an undercover officer persistently pressures or persuades a suspect to continue communication after the suspect hesitates or tries to withdraw, the defense may argue that the officer created the criminal intent rather than discovered it.
An experienced defense lawyer will review every line of digital communication, every message timestamp, and every police report to determine whether the alleged conduct truly showed intent—or whether it resulted from government overreach.
Evidence Used By Prosecutors In Solicitation Cases
In these cases, prosecutors often rely on:
- Digital communications – including text messages, chat logs, social media conversations, and emails.
- Recorded calls or video chats – frequently captured by undercover officers.
- Travel evidence – such as GPS data or hotel receipts that suggest intent to meet.
- Confessions – statements made to police, often after intimidating or manipulative interrogations.
A strong defense involves challenging the admissibility and credibility of this evidence. For instance, investigators must obtain digital evidence lawfully under the Fourth Amendment and Georgia’s electronic surveillance laws. If a search warrant was overly broad or lacked probable cause, the defense can file a motion to suppress, excluding that evidence from trial.
Defending Against Solicitation Charges
Building a defense begins with understanding how intent, identity, and communication are used in the case. Some of the most effective defenses include:
- Lack of intent – Showing that the accused never intended to engage in illegal conduct.
- Entrapment – Demonstrating that law enforcement created the crime through coercion or manipulation.
- Mistaken identity – Proving that someone else used the accused’s phone, computer, or account.
- Insufficient evidence – Pointing out inconsistencies or missing proof in the prosecution’s case.
- Constitutional violations – Arguing that investigators violated search, seizure, or due process rights.
Every case is different, and success depends on careful review of the facts, timing, and context. An experienced Georgia criminal defense attorney can expose weaknesses in the prosecution’s case, effectively cross-examine witnesses, and negotiate for reduced charges or dismissal when appropriate.
The Consequences Of A Conviction
A conviction for solicitation of a minor is treated as a felony under Georgia law. Sentences may include:
- 5 to 20 years in prison.
- Thousands of dollars in fines.
- Lifetime registration as a sex offender under O.C.G.A. § 42-1-12.
- Strict probation and electronic monitoring.
- Permanent damage to employment and housing opportunities.
Even an accusation, without a conviction, can destroy reputations. Employers, family, and neighbors may judge before a case ever goes to court. That is why it is crucial to act promptly and aggressively to protect one’s rights and establish a strong defense strategy from the outset.
Protecting Rights Before And After Arrest
In many Georgia cases, suspects are contacted by investigators before any formal charges are filed. They may be asked to “come in and talk.” This is often a trap. Anything said can be used against the suspect—even statements made in innocence. It is always best to consult an attorney before speaking with law enforcement.
If arrested, remaining silent and requesting legal counsel immediately are the most effective steps a person can take. Once represented, the defense team can review the evidence, challenge procedural errors, and begin working toward dismissal or reduced charges.
Frequently Asked Questions About Solicitation Of A Minor Charges In Georgia
What Happens If The Alleged Victim Was Actually An Adult Officer?
A person can still face felony charges even if no real child existed. The law focuses on the
defendant’s belief and intent, not the identity of the other person.
Can Someone Be Charged Without Physically Meeting The Alleged Victim?
Yes. Under Georgia law, the act of communicating with the intent to commit a sexual act is enough for prosecutors to bring charges, even if no meeting occurred.
What Is The Difference Between Solicitation And Enticement Of A Minor?
Solicitation involves asking or attempting to persuade a minor to engage in sexual conduct, while enticement may include additional actions, such as arranging a meeting. Both carry severe penalties under O.C.G.A. § 16-12-100.2.
Is Entrapment A Common Defense?
Yes. Entrapment is often used when undercover officers initiate contact or pressure someone into continuing communication after hesitation. The defense must show that law enforcement’s conduct caused the offense, not the defendant’s own intent.
Can Digital Evidence Be Thrown Out?
Absolutely. If investigators obtained data without a proper warrant or if chain-of-custody rules were broken, the defense can move to suppress that evidence, making it inadmissible in court.
Will A Conviction Require Sex Offender Registration?
Yes. Those convicted must register under O.C.G.A. § 42-1-12, often for life, with strict reporting and residency restrictions.
Can The Charges Be Reduced Or Dismissed?
It depends on the strength of the evidence and how the defense challenges it. Negotiating a plea or proving a lack of intent can sometimes result in reduced charges or dismissal.
What Should Someone Do If They Are Being Investigated?
Immediately contact a criminal defense attorney before speaking to law enforcement. Early legal intervention can prevent damaging statements and preserve defenses that may later prove crucial.
How Long Does A Solicitation Case Take To Resolve?
Cases vary widely but often take several months or longer. The timeline depends on the volume of evidence, forensic review, and court scheduling.
Does A Prior Record Affect The Case?
Yes. A prior conviction for a sex-related offense can increase penalties and reduce options for plea agreements. However, each case must be evaluated individually.
Call The Mazloom Law Firm, LLC For Aggressive Defense
At The Mazloom Law Firm, LLC, we understand the high stakes involved when facing solicitation of a minor charges. We fight to protect constitutional rights, challenge improper evidence, and expose weaknesses in the prosecution’s case. With offices in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties, our firm provides dedicated representation in even the toughest cases.
To receive a free consultation, call our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Our priority is protecting freedom, reputation, and future—one case at a time.
