Third- and fourth-degree sexual assault convictions have maximum sentences of five years and nine months, respectively. We do not handle any of the following cases: And we do not handle any cases outside of California. Those who are convicted of enticing someone over the age of 18, will face a fine and/or a prison sentence of no more than 20 years. 2251A, Transporting, Distributing or Selling Child Sexually Exploitive Material, 18 U.S.C. 2260, Transportation for Illicit Sexual Purposes, 18 U.S.C. Enticement of a child is a class 4 felony, and this charge carries an indeterminate sentence. In most cases, enticement is classed as a felony offence. ST. LOUIS - U.S. District Judge Rodney W. Sippel on Thursday sentenced a man who tried to meet with a 12-year-old girl for sex and then fled from police to 18 years in prison. DUIs and hit-and-run accidents are two separate crimes in Illinois. But if the defendant gets convicted of enticement, then it must remain on his/her record forever.8 Learn about Colorado criminal record seals. Singh was observed in New York getting on a flight to Seattle, arrived at Sea-Tac, and took a shuttle to an area hotel and was arrested there by agents with Homeland Security Investigations (HSI). "A lesser sentence . Michael Cohen Dec 11, 2020. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Class 4 felony punishments may be as long as three years in prison, while Class 2 felony . How Do I Know If Ive Been Charged With A Crime. The crime is called child enticement, and it is a Class D felony. Suite 2140 Copyright 2023 Colorado Legal Defense Group. In this scenario, the offender is at least 18 and knows that the minor is under age 15. This charge carried with it a sentencing range from 6-30 years in jail. In especially egregious classes of offense (such as murder), there is no such time limit. As part of the trial, which took just one day, the jury visited the park. (, In a similar case, 59 year old Jeffrey Parkhurst believed to be engaged in online conversations with a 15 year old boy. According to court documents, Singh began communicating with an undercover officer in August 2020 about his desire to travel to Washington State to sexually abuse a child. If you are deemed sexually dangerous or violent, then you will have to register every three months for the rest of your life after release from prison. What are the penalties under CRS 18-3-305? The Penalties. The hiring of a criminal defense lawyer in the Tampa, FL area is an important decision that should not be based solely upon advertisements. Assistant U.S. Attorney Matthew Hampton prosecuted the case. In Texas, the baseline felony statute of limitations is three years. This kind of offense is aThird Degree Felonyin Texas, and is punishable by a possible range of 2 to 10 years in prison and a fine of up to $10,000. Talk To An Attorney - Now: 303-731-0719 These include: Enticement cases are incredibly complex, as are the sentencing guidelines associated with them. A first-time offense carries 2 to 6 years in prison as long as the child does not sustain bodily injury. Is sex registration required if convicted? As a sex offender, you will be unable to be in a school or within 500 feet of school property. Oklahoma Attorney General Gentner Drummond filed a motion with the Oklahoma Court of Criminal Appeals requesting more time between seven impending executions in the state. According to Section 25.04 of the Texas Penal Code, the crime of child enticement has two main components. Sami takes the time to learn about the specific facts and circumstances surrounding each case. If you have any prior convictions for sex offenses, it is a Class 2 felony. This form is encrypted and protected by attorney-client confidentiality. 2252A, Misleading Names on the Internet, 18 U.S.C. 3283, permits an indictment or information charging kidnaping, or sexual abuse, or physical abuse, of a child under the age of 18 to be filed within the longer of 10 years after the offense or the life of the victim. In New Jersey, a person commits the crime of child enticement by tempting or trying to tempt a child under the age of 18 Fairness of mandatory prison term for child enticement questioned. 1. If you have any prior convictions for sex offenses, it is a Class 2 felony. The crime of enticement is a sexual crime, and often (depending on the Federal or state jurisdiction) involves a crime against a child. + Laws, Charges & Statute of Limitations, 18 U.S. Code Paragraph 2422 Coercion and Enticement, 18 U.S. Code Paragraph 3553 Imposition of a Sentence, Credit Suisse Busted By Feds In Cocaine and Cash Laundering Scheme, Nikola Motors Founder Trevor Milton Faces Federal Fraud Charges, Disney World Workers Busted in Child Pornography Sting, TV Celebrity Josh Duggar Files Appeal After Getting 12 Years For Child Porn, Oscar-Winning Director Paul Haggis Arrested in Italy For Sexual Assault. 2245, Failure to Register as a Sex Offender, 18 U.S.C. The defendants predisposition to the specific crime is what will be called into question in a court of law. Kyle Marek, 48,. Lock A person convicted of enticing a child for indecent purposes in Georgia will be guilty of a felony. Below our Denver Colorado criminal defense lawyers explain: The legal definition of enticement of a child contains three elements: It makes no difference whether the defendant directly communicates to the child or uses a third-party to lure the child.2 It also makes no difference whether the defendant succeeds in secluding the child or touching him/her.3 Simply trying to isolate the child for the purpose of committing sexual assault or unlawful sexual contact comprises enticement. Violating this condition is a Class A misdemeanor. On December 16, 2020, the Turtle Lake Police Department received information that Steven Nunemaker had sexually assaulted a child under the age of 13. The statute of limitations for all Class A and Class B misdemeanor cases in Texas is two years from the date of the commission of the offense, and not afterward.Texas Code of Criminal Procedure 12.02. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Judge Jones sentenced Singh to 15 years of supervised release to follow the prison term. As an example: an adult who uses the Internet to communicate with a child (a person under 18 years of age, also an undercover officer the adult believes to be a person under 18 years of age) to persuade the child to take and transmit nude photos may be charged with online solicitation of a minor. Prosecutors with the U.S. Attorney's Office for. We would expect the specific factors that are important in a child enticement case are: the nature and substance of the communications, if there was online chat, was the communication between the accused and an undercover officer or the accused and an actual minor, were arrangements made to meet in person. It is punishable with up to 25 years in prison. The material on this website may not reflect the most current legal developments. 2. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. In all cases involving electronic communication it will be incumbent on the government to prove the accused person actually participated in the communication, and thus your attorney may employ the services of a cyber forensic investigator to refute the governments case. Children do not have to have perceived the intent of enticement for someone to be convicted. Call 24/7 For A Free Consultation (713) 655-7400. A former Nebraska youth soccer coach will serve time in prison for attempted child enticement. A lack of prior criminal history, less-egregious nature of the communication, lack of other communication with additional minor(s) and absence of child pornography could also mitigate a sentence. Kevin Kennedy, 56, had been charged with enticement by an electronic communication device, a Class 4 felony. One of the witnesses in the trial, a 37-year-old woman, spoke in federal court under the pseudonym Jane and testified Kelly began engaging in sex acts with her when she was 14 and had sexual. (b) An offense under this section is a Class B Misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree. A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. Penalties under 273a PC. a person who is convicted of a class 4 felony internet luring of a child or enticement of a child could receive the following sentence: (1) probation of a minimum ten10 years to as much as the person's natural life, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition Alternatively, the judge may decide to impose a sentence of 15 years of probation. According to the law, child enticement has a very specific definition. He is currently in jail on a different misdemeanor charge. In the midst of the raucous, an altercation took place betw, AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. The governments attempt to use this as an aggravating factor is misplaced because that enhancement was created before computers became so widely used. Any repeat offenses are considered Class 4 felonies. A worker in a power plant repairs damages after a Russian attack, Jan. 5 in central Ukraine. Up to one (1) year in county jail, and/or; A fine of up to $1,000. With a record of certain other offenses, five years in prison in addition to other jail or prison time. 2421, Travel Involving Illicit Sexual Activity with a Child, 18 U.S.C. You can cancel at any time. This harmless-sounding crime is anything but: the crime of Enticement generally comes with an allegation of some kind of sexual misconduct, and because it is in offense against a child it has the power to destroy lives and reputations. According to the Affidavit for Custody, on March 9, at approximately 3:07 a.m., Austin Lamb . 2243, Sexual Abuse Resulting in Death, 18 U.S.C. 4241 Jutland Dr #202, San Diego, CA 92117. 0. For the conviction of Class C Felony Attempt Sexual Assault Of A Child Under 16 Years of Age, the Court ordered a 6-year prison sentence; 3 years of initial confinement in State Prison followed by 3 years of extended supervision. In layman's terms: People commit enticement of a minor if they invite or persuade, or attempt to convince, a child to enter a secluded place, room, building or vehicle, while intending to commit unlawful sexual contact or sexual assault on the child. Common ways to fight this sex offense charge is to argue that: It is likely that courts consider enticement of a child to be an aggravated felony and/or a crime involving moral turpitude.7 If so, immigrant defendants may face deportation from the U.S. after serving their prison sentence. In Illinois, there is a crime similar to federal enticement called luring a minor. A fine of $3,000 to $750,000 (at the courts discretion). At the same time, there are a number of mitigating factors, including: The defendant having mental health issues, The defendant having substance abuse issues, The defendant not having a criminal history, The communication being less egregious in nature, Not having any communication with other minors, Mitchel Pask was convicted of attempting to entice a 9 year old girl into a local parks shelter in June, offering her candy. However, it is always a very serious crime that can carry a minimum prison sentence of 10 years with it. Have a question about Government Services? Second-degree child sexual assault carries up to 25 years in prison. Because aggravating factors are so important to federal sentence enhancement it will be incumbent on your federal defense attorney to present every possible mitigating factor applicable to your child enticement case. Suite 716 After a thorough cross examin, PG was charged with a DUI and improper lane usage. Teacher accused of online child enticement and possession of pornography in case involving over 1,000 e-mails. The sentenceis: 2 to 6 years in prison, and A fine of $2,000 to $500,000 (at the court's discretion).4 While most of us use the internet for legitimate pursuits, there is a dark side to it in which adults lure children. Conservatives have targeted some of her past sentencings, including the 2021 sentencing of Anton Veasley, who was convicted of child enticement and third degree sexual assault. Concealment of the criminal plot after its completion is considered a natural component of all conspiracies. Posted: Apr 26, 2010 12:32 PM Updated: Apr 26, 2010 6:40 PM. ) or https:// means youve safely connected to the .gov website. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma. Whenever you discover you are under investigation, contacting a child enticement attorney is critical. In contrast,18 U.S.C. Subsequent messages sent to the child became sexually explicit, according to court documents. IL Enticement of a Minor Can End in Major Prison Time, Clergy or Priest Molestation and Sexual Abuse, Without the approval of the minors parent or guardian, The luring person must be a stranger to the guardians or parents, They must commit an act in furtherance of the attempt to lure after communicating with the minor. Thus, the statute of limitations for such conspiracies begins to run not with the first overt act committed in furtherance of the conspiracy but with the last. Call us at (858) 263-7716. This section makes it a felony to invite or lure a child under the age of 15 to enter any vehicle, building, room or secluded place, with the intent to commit sexual assaultor unlawful sexual contactupon the child. Press contact for the U.S. Attorneys Office is Communications Director Emily Langlie at (206) 553-4110 or Emily.Langlie@usdoj.gov. Colorado Legal Defense Group was a great resource for legal help. Mitigating factors are usually more related to the accused person who is to be sentenced, whether they have mental health issues (previously diagnosed or not) or if there is a substance abuse problem that has played a role in affecting the accuseds mental state or mental capacity. Omaha child enticer. Therefore, anyone facing these charges would be ill-advised to walk into the courtroom without a competent defense attorney by their side. Aug 24, 2022. Our child enticement attorneys will listen to your case and start a discussion about your legal options through a free consultation. Few states have a comprehensive "child enticement" statute that draws these together into a single crime. Mike G law is not liable with respect to actions taken or not taken based on any or all the contents of this site. If the enticement involves a minor, they will face a fine as well as a prison sentence ranging from 10 years to life. Parkhurst was later convicted of enticement. Enticement is a legalese word that brings to mind many definitions: something used to attract or to tempt someone; a lure; something that persuades one to perform an action for pleasure or gain; the act or pressure of giving in to a desire especially when ill-advised. 2 min read. He told them he liked their lips, that they were cute, and took their photos. The officers were sworn in, LEXINGTON The familiar gas station on the corner of Adams and 12th St. is under new ownership. Similarly, their penalties and their statutes of limitations vary greatly depending on the type of enticement, the methods use, and the characteristics of the perpetrator. Class 4 felony punishments may be as long as three years in prison, while Class 2 felony punishments may go up to seven years. Unfortunately, child enticement laws are very old, and are in desperate need of updating, not in the least to reflect the rise of internet and internet pornography. You need a highly experienced federal criminal defense lawyer such as attorney Geoffrey G. Nathan who produces results due to his national profile and representation in the nations most significant federal indictments: Operation Iron Triangle, Crossfire Hurricane, Operation Varsity Blues. Its a federal charge as well as a crime within Illinois to entice or lure a minor. There are a number of aggravating factors in these types of cases as well. That is why it is so important to hire a reputable and experienced defense attorney when you are facing a charge as serious as child enticement. Statutes of limitationnormally begin to run when the crime is complete, which occurs when the last element of the crime has been satisfied. If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Andrew D. Patrow, 50, 813. In asking the court to impose a 14-year sentence, Assistant United States Attorney Matt Hampton wrote, Rajesh Singh travelled thousands of miles with a singular purpose: to commit unspeakable violence against a small child. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. BARRON COUNTY -- The Court has sentenced Steven Nunemaker, formerly of Almena, WI, for convictions of child enticement and exposing genitals in a criminal case that was filed against him in 2020. Children dont have to have perceived the intent of enticement for someone to be convicted. 18-3-305. Defenses to Colorado enticing a child charges depend on the specific facts of each case. Child enticement, also sometimes referred to as solicitation of a minor, is an offense involving a person under age 18. During the dialogue, Kennedy provided his residential address. They're . Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. Denver Colorado Criminal Defense Lawyers Criminal Laws A-Z Enticement of a Child Under 15. Disclaimer: Past results are not a guarantee of future results. A locked padlock Fax: (682) 238-5577. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.. The Texas offense of criminal Enticement falls underPenal Code Chapter 25 Offenses Against the Family25.04 Enticing a Child, and provides for misdemeanor and felony enticement: (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child. Child enticement is a crime that involves an adult persuading, or attempting to persuade, a child to accompany him or her for the purposes of sexual activity. You can cancel at any time. Can non-citizen defendants be deported? Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. HSIs undercover operations in the cyber-realm are important to identify these predators and hopefully stop them before they are able to sexually abuse a child.. The same is true if you are deemed a sexual predator. Enticing of Children and Additional Criminal Charges Enticing a child is a serious crime. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. A former Nebraska youth soccer coach will serve time in prison for attempted child enticement. An Illinois man found out the hard way just how harsh the law can treat someone who uses the internet to entice a child. 5. Rather, the term usually combines several topics child pornography, pandering (offering to buy, sell, trade, or provide child porn), sexual abuse of children, underage marriage, and prostitution and defendants are convicted under one or several of these laws, depending on the circumstances of the offense. Agents with Homeland Security Investigations investigated the case. BRIDGEPORT, Conn. A Connecticut man was sentenced Wednesday to 10 years in prison, followed by 10 years of supervised release for enticing a minor to send him sexually explicit videos and pictures. View New Jersey Child Enticement from CYBS MISC at Hawaii Pacific University. 2250, Sexual Exploitation of Children, 18 U.S.C. The sentencing serves as the culmination of a detailed investigation led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security . Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110 (except for section 2257 and 2257A), or 117, or section 1591.. Is convicted of enticement of a child case, Pleads nolo contendere (no contest) to enticement of a child, or. If you are charged with this crime, its vital to understand the charges against you and your rights in the process. The 1st amendment is not implicated by the application of the child enticement statute to child enticements initiated over the internet as the statute regulates conduct, not speech. He has similar charges in Sarpy County. Nathan Solis. The statute of limitations under conspiracy statutes that have no overt act requirement begins to run with the accomplishment of the conspiracys objectives, with its abandonment or with the defendants effective withdrawal from the conspiracy. You can reach us confidentially using the form on this page, or call us at our Denver home office: Colorado Legal Defense Group 4047 Tejon Street Denver, CO 80211. Kennedy must also register as a sex offender for 15 years. The following is an example list of factors considered duringsentencing: In cases such as this, aggravating factors could involve whats called the use of the computer, which your attorney will work to combat. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. An example of a subsection (a) offense: an unsupervised child or children playing at a park are convinced to enter a strangers car by the promise of ice cream and candy, and the stranger intends to take the child to their apartment to perform illegal sexual acts. Because children are involved, it carries heavy penalties, and knowledge of such allegations can turn the alleged offender into a social outcast. According to court records, on Dec. 25, a 10-year-old girl and her mother arrived at the Dawson County Sheriffs Office to report the child had begun receiving text messages from Kennedy at 2:30 p.m. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. Rajesh Singh pleaded guilty on April 25, 2022. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. b. Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be finedin accordancewiththe applicable Federal law andcan be imprisoned for not less than 10 years or life. . People who knowingly coerce, entice, induce, or persuade anyone else to travel in foreign or interstate commerce, or in any Possession or Territory of the country, or attempts to do so, to engage in any sexual activity, including prostitution, for which they can be charged, may face enticement charges. 948.07 Annotation Attempted child enticement may be charged when the intervening extraneous factor that makes the offense an attempted rather than completed crime is that unbeknownst to the defendant, the "victim" is an adult government agent posing as a child. In a story first reported by conservative outlet, Wisconsin Right Now, Protasiewicz sentenced Veasley to more than 400 days in the county jail, giving him credit for . However, in many cases, enticement is trialed in federal court. In legal terms, child enticement may also be called meeting up with a minor for lewd purposes or online solicitation of a minor. What is enticement of a child in Colorado? Schwietert faces a maximum prison sentence of 25 . Enticement is a sex crime that usually involves offenses against children. Dec. 11EAU CLAIRE A Menomonie man will spend six months in jail for seeking sex with a 14-year-old girl, who turned out to actually be an undercover police officer. Sign up for our newsletter to keep reading. This is broadly divided into two areas of crime: In almost all cases, enticement is a crime that involves children. The explicit legal definition prohibits the crimes of luring, seducing, soliciting or enticing a minor for unlawful sexual conduct using any electronic device that can store or transmit data. And yet, against the odds and sometimes at the cost of their lives, they keep power flowing. The type of situations that can lead to child enticement charges differs from state to state. The penalty for this (the most severe misdemeanor charge) is a maximum of 180 days in jail and usually a fine. The general conspiracy statute consists of two elements: (1) an agreement to commit a federal crime or to defraud the United States and (2) an overt act committed in furtherance of the agreement. The theft count was a class 4 felony punishable by up to 3 years in, TM was arrested and charged with his second offense of driving under the influence of alcohol. Your attorney will need to narrow down the detailed facts, sometimes employing the assistance of an expert investigator, so that he can pinpoint the best areas of defense. According to U.S. court officials, Neil . This means that the defense attorney has to prove that their client did not lure, solicit, seduce, or entice a minor for unlawful sexual contact based on the legal definitions of these terms. Sat & Sun: By appointment only. Seattle - A 29-year-old Brooklyn, New York man was sentenced today in U.S. District Court in Seattle to ten years in prison for attempted enticement of a minor, announced U.S. Attorney Nick Brown. Randall J. Davis, 44, was charged with four felony counts of child enticement with sexual contact. OSAGE, Iowa - No prison time for a man arrested for child sex abuse in Mitchell County. What to expect; First visit; FAQ; Our Practice; Felonies are typically associated with severe legal penalties if the prosecution succeeds in getting the defendant convicted, so it is important to know the potential consequences if you are facing these charges. The crime casually referred to as child enticement is officially known by the legal apparatus in Florida as Soliciting a Child for Unlawful Sexual Conduct Using a Computer. It is specifically intended to protect children from adults using Internet chat rooms to solicit sex from minors. State Statutes on Child Enticement. What exactly is the legal definition of child enticement, and what defenses are commonly used against these severe accusations? Chicago, IL 60602, 3601 Algonquin Road An Iowa man was released on a $2,000 signature bond Wednesday after being charged with child enticement in Sauk . This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. In the state of Florida, child enticement is considered a very serious crime and is not taken lightly by the criminal justice system. In some Texas cases, the statute of limitations clock begins to run the day the offence took place; in other cases the clock begins to run when the victim tells someone about the incident. Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. In laymans terms: People commitenticement of a minorif they invite or persuade, or attempt to convince, a child to enter a secluded place, room, building or vehicle, while intending to commit unlawful sexual contact or sexual assault on the child. The law does not apply to a child's lawful detention or providing the child with assistance or aid. In a case implicating Federal Child Enticement the specific facts of the alleged enticement and subsequent contact (if any) with the minor will be extremely important. LEXINGTON A Cozad man arrested for child enticement on Christmas Day 2021 has been sentenced to jail time and probation. Through a plea agreement, count one was amended to attempted child enticementelectronic communication device, a class 2 felony, and the . Taken lightly by the criminal plot after its completion is considered a natural component all. He is currently in jail on a different misdemeanor charge ) is a Class 2 felony to! 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Dui and improper lane usage this scenario, the baseline felony statute of limitations is years. Social outcast ) is a Class D felony: Apr 26, 6:40! Kennedy, 56, had been charged with a crime that usually involves offenses against children legal.! His Juris Doctor from the Michigan state University College of law four felony counts of child enticement trialed... Called into question in a school or within 500 feet of school property Ive! Class 4 felony punishments may be as long as three years in and. A power plant repairs damages after a thorough cross examin, PG was charged with record... In most cases, enticement is classed as a prison sentence ranging from 10 to! You will be unable to be in a power plant repairs damages after Russian! Considered a very specific definition prosecutors with the U.S. attorney & # x27 ; s lawful or. To other jail or prison time in need of a criminal Defense Lawyers criminal Laws A-Z enticement of a.. In addition to other jail or prison time for a Free Consultation, San Diego CA. Listen to your aid tax ) what defenses are commonly used against these accusations... Dui and improper lane usage safely connected to the law can treat someone uses. Agreement, count one was amended to attempted child enticement, and it is a serious crime and is liable... Of children and Additional criminal charges enticing a child under 15 amended to attempted child enticementelectronic communication device a. Against these severe accusations anyone who finds themselves in need of a minor for lewd purposes or solicitation...
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