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In response to the success of the impossibility defense, many state statutes changed their laws to permit a conviction based on a defendant’s belief that they were talking to a minor.
When charged with online solicitation of a minor, a defendant should understand the charge and its defenses, the initial penalty, and the long-term consequences.
Online solicitation of a minor is a very frustrating charge for many defendants because it does not require a completed “act” with a minor.
Viable defenses remaining will depend on a particular state’s laws.Some earlier laws required a defendant to actually communicate with a child and defendants could raise the defense of impossibility where prosecution involved communication with an officer who was merely posing as a child but who was in actuality an adult.