Understanding Online Solicitation Laws in Louisiana: A Look at the Ambeau Law Firm's Approach

In today's digital age, the internet provides endless opportunities for communication, connection, and commerce. However, it also opens doors to criminal activities that were previously unimaginable. Among these is the crime of online solicitation, a serious offense under Louisiana law. With increased internet usage, law enforcement has ramped up efforts to crack down on online solicitation, particularly in parishes like Livingston, Ascension, and East Baton Rouge. This blog delves into the crime of online solicitation, the Louisiana laws surrounding it, and how the experienced criminal defense attorneys at The Ambeau Law Firm - including Jarrett Ambeau and Ryan Volo - approach defending such cases.

What is Online Solicitation in Louisiana?

Online solicitation refers to the act of using the internet or other forms of electronic communication to engage, solicit, or entice someone into illegal activities, most often with the aim of committing a sexual crime. In Louisiana, online solicitation is taken very seriously, particularly when it involves minors.

Louisiana Revised Statutes (LA. R.S.) provide the legal framework for criminal offenses, including online solicitation. Specifically, Louisiana's statute on online solicitation is covered under LA. R.S. 14:81.3, which criminalizes the use of electronic communication systems, computers, or the internet to solicit a minor to engage in sexual activity. The law defines a minor as anyone under the age of 17, and the penalties for violating this statute are severe.

La. R.S. 14:81.3 states that it is unlawful for any person to knowingly communicate through electronic means with a person under the age of 17, or someone the offender reasonably believes to be under the age of 17, with the intent of engaging in sexual conduct. Importantly, the statute also criminalizes attempts to solicit minors, meaning even if the sexual act does not occur, the solicitation itself is enough and can lead to harsh penalties.

Key Elements of the Crime:

1. Intent: The perpetrator must have the intent to persuade, entice, or coerce a minor into participating in illegal sexual conduct.

2. Electronic Communication: The solicitation must occur through an electronic communication device, such as a phone, computer, or the internet.

3. Age of Victim: The victim must be under the age of 17, or the offender must reasonably believe the victim is a minor.

Penalties for Online Solicitation in Louisiana

Under Louisiana law, penalties for online solicitation are severe. If convicted of violating LA. R.S. 14:81.3, the offender may face:

·       First-time offenders: Imprisonment with or without hard labor for up to 10 years.

·       Subsequent offenses: Mandatory imprisonment for 10 to 20 years, with hard labor.

·       Sex offender registration: A conviction for online solicitation requires the offender to register as a sex offender, often for the rest of their life.

The Ambeau Law Firm's Expertise in Criminal Defense

Defending against allegations of online solicitation requires a deep understanding of both Louisiana law and the complexities of internet-related crimes. The Ambeau Law Firm is a premier criminal defense firm that offers skilled representation to clients facing these serious charges. With a strong focus on protecting the rights of individuals accused of crimes, the firm serves clients across Louisiana, including Livingston Parish, Ascension Parish, and East Baton Rouge Parish.

Jarrett Ambeau, the firm's founding attorney, is a highly respected criminal defense lawyer with years of experience handling complex cases and more than 50 felony jury trials to verdict. Known for his unwavering dedication to his clients and his aggressive, strategic approach in the courtroom, Jarrett has built a reputation for achieving favorable outcomes in even the most challenging cases. His deep understanding of Louisiana's criminal laws, including those governing online solicitation, makes him a powerful advocate for clients facing such accusations.

Ryan Volo, our managing partner at the firm, has a wealth of experience in criminal defense, including more than 10 years as a prosecutor in East Baton Rouge Parish. He brings a detail-oriented approach to each case, ensuring that every piece of evidence is carefully scrutinized to identify any weaknesses in the prosecution's case. In online solicitation cases, this might involve challenging the methods used to identify the defendant or the intent behind the communication, among others.

Maeghen Kling, or associate attorney and a strong advocate for justice, rounds out the criminal defense legal team at The Ambeau Law Firm. Her extensive experience in prosecuting clients against serious criminal charges gives her a unique point of view in criminal defense, including internet-related crimes, and ensures that clients receive a comprehensive defense tailored to their unique circumstances. Maeghen is a skilled attorney and works tirelessly for the Ambeau Law Firm clients.

Common Defenses in Online Solicitation Cases

Facing a charge of online solicitation can be overwhelming, but an experienced attorney from the Ambeau Law Firm will carefully assess the facts of the case to develop a strong defense. Some common defense strategies in online solicitation cases include:

1. Lack of Intent: For a conviction to occur, the prosecution must prove beyond a reasonable doubt that the defendant intended to solicit a minor for sexual purposes. If the communication lacked explicit intent or was taken out of context, the defense may argue that no criminal solicitation occurred.

2. Entrapment: In some cases, law enforcement officers conduct sting operations where they pose as minors to catch individuals engaging in online solicitation. If the defendant can show that they were unduly coerced or entrapped by law enforcement into committing the crime, it may serve as a valid defense. (also see case law below)

3. Mistaken Identity: The digital nature of online solicitation cases can lead to errors in identifying the actual perpetrator. A skilled attorney may challenge the accuracy of the evidence used to tie the defendant to the alleged communication.

4. No Actual Minor Involved: Often in sting operations, the person solicited is not an actual minor, but a law enforcement officer posing as one. While this does not absolve the defendant of guilt, it may impact the charges or potential sentencing, especially if the communication and pictures shared, if any, are not of a minor.

Case Law and Precedents

Intent:

In Louisiana, several key cases have shaped the interpretation and application of online solicitation laws. One notable case is State v. Koch, 2002-0492 (La. 5/14/03), where the Louisiana Supreme Court addressed issues related to the defendant's intent in online solicitation. In this case, the defendant communicated with an undercover officer posing as a minor, and the court found that intent could be inferred from the explicit nature of the communications, even though no sexual act occurred.

Entrapment:

1. 1. Definition and Elements of Entrapment:
      • Entrapment occurs when a state agent solicits, encourages, or otherwise induces another person to engage in conduct constituting an offense when that person is not otherwise predisposed to commit such an offense (State v. Carter, 974 So.2d 181 (2008).
      • The entrapment defense comprises two elements: (1) an inducement by a state agent to commit an offense, and (2) a lack of predisposition to commit the offense on the part of the defendant (State v. Carter, 974 So.2d 181 (2008), (State v. Henderson, 58 So.3d 552 (2011).
   2. Predisposition and Inducement:
      • The focal point of the inquiry is on the predisposition of the defendant to commit the crime at issue as well as on the conduct of the police (State v. Troquille, 493 So.2d 686 (1986), (State v. Lewis, 815 So.2d 166 (2002).
      • An entrapment defense will not lie if the officers or agents have merely furnished a defendant who is predisposed to commit the crime the opportunities to do so (State v. Troquille, 493 So.2d 686 (1986), (State v. Francis, 727 So.2d 1235 (1999).
   3. Application in Online Solicitation:
      • In State v. Williams, the court found that the defendant did not prove entrapment because the defendant initiated contact with the undercover officer posing as a minor and expressed a desire to meet, indicating predisposition (State v. Williams, 80 So.3d 626 (2011).
      • The court emphasized that it is the communication and intent, not the end-resulting contact, that the statute addresses (State v. Williams, 80 So.3d 626 (2011).
   4. Burden of Proof:
      • Entrapment is an affirmative defense that must be raised by the defendant and supported by a preponderance of the evidence (State v. Carter, 974 So.2d 181 (2008), (State v. Henderson, 58 So.3d 552 (2011).
      • Once the defendant meets this burden, the state must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime prior to government involvement (State v. Carter, 974 So.2d 181 (2008), (State v. Kerrigan, 671 So.2d 1242 (1996).
   5. Case Examples:
      • In State v. Prine, the defendant was convicted based on online communications with undercover officers posing as minors, demonstrating the use of online profiles by law enforcement to catch sexual predators (State v. Prine, 13 So.3d 758 (2009).
      • In State v. Henderson, the court discussed that a defendant who is instigated or induced by a law enforcement officer into committing a crime that he otherwise had no intention of committing is not guilty because he was entrapped (State v. Henderson, 58 So.3d 552 (2011). 

The entrapment defense in online solicitation cases hinges on whether the defendant was induced by law enforcement and whether the defendant was predisposed to commit the offense. The burden of proving entrapment lies initially with the defendant, who must show inducement and lack of predisposition. If this burden is met, the prosecution must then prove predisposition beyond a reasonable doubt.

These cases underscore the importance of a well-prepared defense, as courts are often reluctant to dismiss online solicitation charges without strong evidence of lack of intent, entrapment, or misidentification.

Why Choose the Ambeau Law Firm?

If you or a loved one are facing charges of online solicitation in Louisiana, choosing the right criminal defense attorney can make all the difference. The Ambeau Law Firm is committed to providing clients with top-tier representation, combining legal knowledge with a passion for justice.

Jarrett Ambeau and the rest of the team understand the serious consequences of a conviction for online solicitation, and they work tirelessly to ensure that their clients' rights are protected. Whether it's questioning the prosecution's evidence, raising defenses like entrapment or mistaken identity, or negotiating a plea deal, the team at the Ambeau Law Firm is ready to fight for the best possible outcome.

With a reputation for excellence in criminal defense, the firm serves clients all around Louisiana, including in Livingston Parish, Ascension Parish, and East Baton Rouge Parish, and is known for taking on complex cases that other firms shy away from. The attorneys at the firm are not only knowledgeable about Louisiana's criminal statutes but are also adept at navigating the nuances of internet-based crimes, making them the go-to defense team for online solicitation cases.

Conclusion

Online solicitation is a serious crime under Louisiana law, with significant penalties that can affect a person's freedom, finances, and future. If you are accused of this offense, it's crucial to have a skilled defense attorney by your side who understands the law and how to defend against these charges. The Ambeau Law Firm, led by Jarrett Ambeau and Ryan Volo, is dedicated to providing clients with the best possible defense, ensuring that every aspect of the case is thoroughly investigated and every legal option is explored. If you are facing charges of online solicitation in Livingston Parish, Ascension Parish, or East Baton Rouge Parish, contact the Ambeau Law Firm today for a consultation.