Can an adult be charged if a minor pretends to be an adult online?
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Can an adult be charged if a minor pretends to be an adult online?
Can an adult be charged if a minor pretending to be an adult answers an adult advertisement (ie Craigslist) that leads to texting but no physical meeting (ie meeting at a hotel or personal home) was ever done? Neither parties ever met or had sexual contact.
Asked on June 10, 2012 under Criminal Law, New Jersey
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are really two answers to your question. The first is yes, you could potentially be charged. To be charged, the State faces a much lower burder than the burden of proof required for any conviction. This means that you could be charged and arrested for trying to lure a child. However, if they have no proof that you had a "reason to believe" that the person you were talking to was a child, then they cannot convict you or luring the child. For either stage (charging stage or guilt/innocence stage) the fact that you did or did not have sexual contact is irrelevant. What is relevant is what you encouraged. If you encouraged an adult-- then you probably won't be convicted. If there is an indication in your "chats" that you did know that she was a minor, then you could be charged and convicted.
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