Fighting Philadelphia Unlawful Contact with Minor Charges

Fighting Philadelphia Unlawful Contact with Minor Charges

Unlawful contact with a minor is a serious criminal charge in Philadelphia that can lead to long-lasting consequences. However, with an experienced criminal defense attorney on your side, there are ways to fight the charges and protect your future. This article will provide an overview of unlawful contact charges, potential defenses, and steps you can take if you or a loved one is facing allegations.

What is Unlawful Contact with a Minor?

Under Pennsylvania law, unlawful contact with a minor criminalizes certain interactions between adults and minors under the age of 16. Specifically, an adult commits unlawful contact if they intentionally communicate with a minor for the purpose of engaging in an unlawful sexual offense. This communication can occur in person, over the phone, online, or through any other medium.

The law does not require an actual physical encounter to take place. Simply communicating for the purposes of a future sexual offense is enough. Common scenarios include:

• Emailing, texting, messaging, or otherwise contacting a minor in a sexual manner
• Arranging to meet a minor for sexual activity
• Sending sexually explicit photos, videos, or other content to a minor
• Luring a minor into a vehicle, structure, or secluded location for sexual purposes

Unlawful contact is a felony offense, punishable by up to 7 years in prison. It also requires registration as a sex offender under Megan’s Law for at least 15 years. With such serious penalties on the line, building an aggressive defense is critical.

Potential Defenses to Unlawful Contact Charges

Skilled Philadelphia criminal defense attorneys have succeeded in getting unlawful contact charges reduced or dismissed by raising the following defenses:

Misidentification

You may have been mistakenly identified as the person who contacted the minor. Your phone, computer, or social media could have been accessed by someone else without your knowledge.

No sexual intent

While you communicated with the minor, you did not do so for sexual purposes. The contact may have been for a legitimate reason, such as a teacher-student discussion.

Entrapment

Law enforcement pressured you into communicating with the minor when you otherwise would not have. This makes the contact improper entrapment rather than your voluntary decision.

False accusations

The minor, parents, or investigators fabricated the allegations against you for financial gain, revenge, or other ulterior motives.

An experienced attorney can also challenge issues with the police investigation, evidence collection, and adherence to proper legal procedures. Any reasonable doubt raised can be sufficient to avoid a conviction.

What are the Penalties for Unlawful Contact with a Minor?

The penalties you face depend on the gradation of your charges:

• Third-degree felony: Up to 7 years in prison and $15,000 in fines if the minor was age 13-15
• First-degree felony: Up to 20 years in prison and $25,000 in fines if the minor was under age 13

Other consequences include:

• Having to register as a sex offender for at least 15 years
• Probation, parole, counseling, community service, and other court mandates
• Restitution to the victim
• Lifelong impact on employment, housing, and reputation

A skilled defense focused on getting charges reduced or dismissed can help minimize penalties. The sooner you retain counsel after arrest, the more options they have to build your defense.

Steps to Take if Facing Allegations

Being accused of unlawful contact with a minor is an extremely unsettling experience. It helps to be proactive and take the following steps:

• Remain silent – Do not try to explain yourself to police. That can only hurt your case. Invoke your right to remain silent.
• Avoid social media – Delete or deactivate profiles. Do not discuss the case online as it can be used against you.
• Hire an attorney – An experienced sex crimes lawyer can protect your rights, gather exculpatory evidence, and craft an assertive defense strategy. Public defenders often have high caseloads.
• Follow pre-trial release terms – If released on bail, comply fully with all conditions. Missing court or violating release can lead to re-arrest and hurt your defense.
• Get character references – Upstanding people willing to vouch for your law-abiding character can help at sentencing if needed.
• Seek counseling – Judges may look favorably on efforts to get counseling and make positive life changes after the allegations.
• Avoid contact with the accuser – Even well-meaning contact can be misconstrued. Follow your lawyer’s advice here.

With an aggressive defense focused on reasonable doubt, many unlawful contact cases can be reduced or dismissed pre-trial. An experienced Philadelphia criminal defense lawyer will thoroughly analyze the prosecution’s evidence, identify weaknesses, raise all possible defenses, negotiate firmly, and take your case to trial if needed. Don’t leave your future to chance. Schedule a consultation today.