How Do I Fight an Online Solicitation of a Minor Charge in Maryland?

 Posted on May 12, 2026 in Sex Crimes

Facing a charge of online solicitation of a minor is one of the most frightening things a person can go through. The stakes are high, and the stigma alone can feel overwhelming before you even get the chance to tell your side of the story. However, being charged is not the same as being convicted. There are real ways to fight this kind of charge. If you are facing charges in 2026, our Silver Spring, MD sex crimes defense lawyers can help you understand what the state has to prove, where the case may be weak, and how to build the strongest possible defense.

What Is Online Solicitation of a Minor Under Maryland Law?

Maryland law makes it a crime to knowingly solicit a minor, or a law enforcement officer posing as a minor, for certain unlawful sexual activity. Solicitation can happen through a computer, the Internet, phone, mail, in person, or other means.  Under Maryland Code, Criminal Law § 3-324,it is a crime to knowingly solicit, coax, or entice a minor, or someone believed to be a minor, to engage in certain unlawful sexual conduct. Physical contact does not have to happen. A conversation, a series of messages, or even a single message can be enough for the state to bring a charge.

Maryland law also makes it a crime to solicit someone the defendant believed to be a minor, even if that person was not actually a minor. This is important because undercover law enforcement operations, where an officer poses as a minor, can still lead to a charge and a prosecution.

What Does the State Have To Prove in an Online Solicitation Case in MD?

To convict someone of online solicitation of a minor in Maryland, the state has to prove all of the following with intent to commit one of the listed unlawful sexual offenses:

• That electronic communication took place

• That the defendant knew or believed the other person was a minor

• That the communication was meant to encourage sexual conduct

• That the defendant acted knowingly, meaning they were aware of what they were doing and who they were talking to

Each of these things can be looked at and challenged by the defense. If any one of them cannot be proven beyond a reasonable doubt, the defense may be able to prevent a conviction.

What Happens if an Online Solicitation of a Minor Case Involves an Undercover Officer?

Many online solicitation cases in Maryland involve an undercover officer posing as a minor in an online chat or messaging app. If your case involves an undercover operation, the defense will look closely at everything the officer said and did during those conversations.

Entrapment may apply when law enforcement pushed or pressured someone into doing something they would not have done on their own. If the officer was the one who brought up sexual topics, kept steering the conversation that way, or encouraged contact when the defendant was not interested, those facts can support an entrapment argument.

The defense can also look at whether the defendant had any real reason to believe they were talking to an adult and whether the messages were taken out of context.

How Can Digital Evidence Be Challenged in an Online Solicitation Case?

Digital evidence is at the center of almost every online solicitation case. This includes chat logs, text messages, emails, and social media messages. The defense has the right to look at how that evidence was collected, how it was stored, and whether proper legal steps were followed.

If evidence was gathered without a valid warrant or through improper steps, it may be kept out of court under the Fourth Amendment. Even when evidence was gathered the right way, the defense can question how it is being read, whether messages were taken out of context, and whether the communications actually show the intent the prosecution is claiming.

How Does Intent Affect the Defense in Online Solicitation of a Minor Cases?

Intent is one of the most important parts of solicitation cases. The state has to prove the defendant meant to solicit sexual conduct. If the communications were misunderstood, if the defendant thought they were talking to an adult, or if the conversation did not rise to the level of solicitation under the law, those facts can be part of the defense.

The defense will look at the full conversation, not just the parts the prosecution picks out. Context matters. A message that looks bad on its own can look very different when the entire conversation is read from beginning to end.

What Are the Penalties for Online Solicitation of a Minor in Maryland?

A conviction for online solicitation of a minor carries serious consequences. Under Maryland Code, Criminal Law § 3-324, a conviction is charged as a felony that can result in up to 10 years in prison and significant fines. On top of that, if you are convicted, you can be required to register as a sex offender, which affects where you can live, where you can work, and how you move through daily life for years or even decades after the sentence ends.

These consequences make it clear why fighting this charge hard from the very start matters so much.

What Should You Do Right Away if You Are Charged With Online Solicitation?

The steps you take right after being charged can shape the entire case. Here is what to do and what to avoid:

• Do not talk to investigators or law enforcement without an attorney present.

• Do not try to explain yourself or provide context on your own, even if it seems like it would help.

• Do not delete messages, accounts, or any digital information, as doing so could lead to additional charges for evidence tampering.

• Write down everything you remember about the communications and the situation around them.

• Think about anything that might support your account of what happened.

• Get legal help right away, before anything else is said or done.

Maryland prosecutors in Montgomery County pursue online solicitation charges aggressively. Having experienced legal help from day one can make a major difference.

Schedule a Free Consultation With Our Montgomery County, MD Online Solicitation of a Minor Defense Lawyers

You are going through one of the hardest experiences of your life, and you deserve to have someone in your corner who truly cares about your outcome. The Silver Spring, MD sex crimes defense attorneys at The Law Offices of Gerstenfield & Demirji, PC. bring warmth and compassion to every client relationship and understand how frightening this situation feels. They have built strong relationships with prosecutors in the area and know how to negotiate effectively when that is the right move. When the situation calls for it, they are aggressive advocates who fight hard in court.

Call 301-589-9500 any time to schedule a free consultation. We are available 24/7.