Abductions of minors are a grave offense, and abductions of minors for prostitution carry higher penalties under the law. Allegations of committing this crime lead to intense public scrutiny and social condemnation because of the concern society has about children's welfare. These crimes are taken extremely seriously by the legal system because they inflict significant harm on victims and communities as a whole.

If you are convicted of abducting a minor for prostitution, your sentence could put you in prison for a long time. You might also be required to pay substantial fines and register as a sex offender. These consequences can cause devastating damage to your personal and professional life. Furthermore, the stigma associated with these charges could affect your ability to find and sustain employment, secure housing, and maintain relationships. It helps to understand the crime and the full scope of a conviction's consequences. If you are facing abducting a minor for prostitution charges, you should get in touch with a criminal defense lawyer.

Abducting a Minor for Prostitution  as Outlined under California Law

Penal Code 267 makes it a crime to abduct minors for prostitution. The law recognizes that children cannot give legitimate consent to engage in these actions. Children are not mature enough to make informed decisions on these issues, and the law actively protects them from exploitation and coercion.

This statute is also critical to California's broader strategy to prevent child trafficking and sexual exploitation and to keep vulnerable children from predatory conduct. If you violate PC 267, you will be subject to legal penalties. Apart from these legal consequences, a conviction for this offense can damage your reputation, as society considers crimes against children to be serious.

Even when public opinion is against you, the law requires the prosecution to prove each element of the crime beyond a reasonable doubt. The courts will not convict you if the state fails to meet this burden.

Prosecutors must prove the following:

  • Intent to abduct — It should be evident that you took or carried a minor away against their will or without the consent of their parents or guardians.
  • Knowledge of the minor’s age — PC 267 specifically applies only to cases where the victim was a minor. The prosecution must prove the person was a minor.
  • Intent to engage in prostitution — They must also prove your actual intent was to put the minor into prostitution by directly linking the abduction to an intent to sexually exploit the child.
  • Absence of consent — Because minors cannot legally consent, the state must demonstrate that you took the minor without any legal permission from the child’s parents or guardians.

What it Means to Abduct a Child

If you are accused of child abduction, prosecutors must prove that you took or transported the minor without lawful authority through force, fraud, or coercion. Specifically, abduction in cases involving minors means that you took a child away from their parent or legal guardian with consent. This offense commonly occurs in ways that involve an intent to exploit or harm the victim.

Abductors employ several tactics to take minors, including:

  • Using physical force — Some people use direct physical force, like grabbing a child or threatening a child, to get them to comply. The child could be kidnapped from school or while playing.
  • Deception — In most cases, abductors use deceitful tactics, pretending to be a person the child knows or trusts, like a family friend or authority figure. The child may be lured with false pretense. The minor could also be offered false job offers or promises of shelter.
  • Family abduction — On occasion, one parent or relative unlawfully takes a child away from the other parent or relative, sometimes during custody disputes, in violation of existing court orders.
  • Grooming — Offenders under this category spend time establishing a relationship with the child and may win their trust by giving them gifts or attention or coercing them with emotional manipulation. This gradual approach will lead the child to follow the abductor willingly.
  • Online luring — Abduction can also be done through online platforms. Children might be lured by predators when engaging in chat rooms or on social media. Predators use these opportunities to attempt to form a relationship with a minor, which could then lead to an in-person meeting that could result in abduction.

An intent to abduct requires evidence of your planning and intentions behind the act. This intention goes beyond taking a child. It includes a deliberate intention to remove the child from their environment unlawfully. Prosecutors should present evidence showing that you took steps to assist in the abduction.

For example, you could have:

  • Acquired tools used for the abduction, like restraints or disguises, or
  • Researched the child’s routine and vulnerabilities

Moreover, any communication about the abduction is also crucial evidence. The case can be greatly influenced by verbal or written messages conveying your intent or by discussions with others about your plans. These communications show your mindset before the incident, which tells the jury that the act was premeditated instead of impulsive.

In the days or weeks after the incident, your actions can help support the prosecution's claim of an intent to abduct. Frequent visits to the child's location or attempts to become friendly with or for the family indicate strategic efforts to establish trust or familiarity before the abduction.

Intent can also be established using witness testimonies. Accounts from individuals who observed your interaction with the child or noticed strange behavior would add to the prosecution’s narrative. Their accounts can tell of a pattern of conduct that is consistent with someone who wants to abduct a child.

The Child’s Age and Your Awareness of it

California law defines a child as someone under 18 years old and cannot give legal consent. If you are charged with allegations of abduction or similar offenses, prosecutors must prove that you knew the victim was a minor. The age issue is critical because only individuals older than 18 can legally consent.

Prosecutors should present evidence showing that you knew the victim’s age when the incident happened. Testimonies of witnesses explaining your interactions with the child and if you tried to conceal the victim’s age or were guilty of using deceptive methods all point to your awareness of the minor’s age.

In cases involving children, the responsibility to consent lies with their parents or guardians. Any actions you took without the necessary consent from the child’s parents or guardians are further evidence of your wrongdoing. A good reason for the insistence on consent from parents and guardians is that minors do not always understand the consequences of their choices. Therefore, the law stipulates that any interaction with the child has to have parental or guardian approval.

Prosecutors could also examine your relationship with the child. If you previously understood the child’s family dynamics or sought to interact with the child without the parent’s or guardian’s knowledge, these will be used as evidence of your intent and that you were aware of the illegality of your actions. All these strengthen the prosecution’s case.

Intent to Engage the Child in Prostitution

The state must show that your actual intent was to involve the minor in prostitution and that the abduction was part of an intent to exploit. Prosecutors must establish this connection because child exploitation and trafficking laws are serious charges. The prosecution has to prove that you did not just want to take the child, but you wanted to use them for sexual purposes.

Prosecutors could, for example, provide communications, like text messages, emails, or social media posts, outlining plans or discussions of engaging the minor in prostitution. Someone who saw your engagement or heard you talking about the minor can corroborate the prosecution's claims. This will complement witness statements.

Past behavior is equally important. Any prior incidents that reveal a pattern of attempting to exploit minors can strengthen the case against you. During the trial, the prosecution can explore whether and how you manipulated, groomed, or used any other approach to facilitate the minor’s abduction.

The Penalties for Abducting a Child for Prostitution

Abduction for purposes of prostitution is a felony. If found guilty, you could be sentenced to prison for  16 months, two or three years, depending on the circumstances of your case and your criminal record.

The judge can also impose a fine of up to $2,000.

Once convicted, you will also be required to register as a Tier 3 sex offender as per California’s Sex Offender Registration Act (PC 290). A Tier 3 designation is significant since you will retain the sex offender tag for life.

Once you are convicted, you must register with the police chief or sheriff in your city if you live in an unincorporated area. You must register within five working days of any change in residence or living situation. And if you live on a college campus, you must also inform the campus police.

It is your responsibility to make sure your registration is up-to-date. You should notify the authorities immediately of any changes in your residence, employment, or school enrollment. Periodically, local jurisdictions may check to see if you are still registered. Failure to meet these will result in serious consequences, such as misdemeanor or felony charges for not meeting those obligations.

Neglecting to register or update your information can result in escalating repercussions, particularly for repeat offenses. As a Tier 3 offender, you will face lifelong registration requirements, with limited opportunities to terminate this obligation.

Common Defenses in Abducting a Minor for Prostitution Cases

Despite the gravity of the charges, you have the right to defend yourself. An experienced attorney can make a huge difference in your defense. An attorney can review your case, explain the details, explore viable defenses, and develop a strategy that fits your situation. Some of the defenses they could use for your case include the following:

You Are a Victim of Police Entrapment

If you are accused of abducting a minor to be prostituted in connection to a sting operation, you may want to pursue an entrapment defense. Entrapment occurs when law enforcement officers induce someone into committing a crime they would not otherwise have pursued on their own. This defense is particularly relevant in cases involving social media interactions. Undercover operations often craft intricate scenarios that provoke illegal actions.

Your attorney can show that police officers crossed ethical lines in their methods. They will argue that there is evidence that you did not instigate the criminal behavior but were instead manipulated by the tactics employed by the officers. For example, your lawyer could argue that the conversations on social media were steered in a way that encouraged illegal conduct. This could clarify that the intent to commit a crime did not originate with you.

An experienced attorney will navigate the complexities of an entrapment defense. They will carefully analyze your situation and gather the relevant evidence of how the sting operation took place. They will also assess how it may have made you unable to act independently. Moreover, your attorney could question the legitimacy of any evidence gathered during the operation because it does not reflect your true intention.

Your attorney can also use the communication on social media platforms to bolster your case. These platforms make it easy for people to misinterpret or take things out of context. Your attorney will make the case for this and how it impacted your choices.

You Lacked The Necessary Intent For The Crime

An attorney can argue that you lacked the intent necessary to convict you of abducting a child for prostitution. Intent is critical for a conviction. Your defense is made stronger when you demonstrate that your actions were not a conscious, deliberate act, thus showing you lacked the requisite intent.

To build this argument, your attorney will review the details of your case very closely. This involves evaluating how you acted and decided and what factors could have influenced your actions. He/she will also verify if misleading facts or coercion placed you in a compromising situation. All these can be important aspects that will help demonstrate that you did not intend to commit the crime.

Your attorney will also look at the prosecution’s evidence and seek inconsistencies. Your defense can point out gaps or uncertainties in their claims to show how your prosecution is due to misunderstandings, not deliberate intent. It takes the focus off of guilt and puts it back on whether or not you had a criminal mindset when your actions were committed, the intention being that the court sees options other than simply believing that regardless of what happened, you were trying to do something wrong.

The Victim Was Not a Minor

You can argue that the alleged victim was not a minor, and you can contest the charges based on this. You will need conclusive evidence that the prosecution’s claim about the victim’s age is false. Submitting documentation, witness statements, or other provided materials that prove the individual is of legal age makes your defense significantly better.

Your attorney will be instrumental in collecting and examining this evidence. They will review pertinent records, like identification documents or social media profiles, and your interactions with the child. All these aim to prove that you believed the individual was an adult. 

You Were Falsely Accused

You may also find yourself facing false accusations. Being wrongfully accused can have serious ramifications beyond your legal situation. These accusations can affect child custody hearings, divorce proceedings, or work-related legal disputes. You can assert that your accusations were based on false accusations, especially if you can prove misunderstandings or ulterior motives behind the allegations. In these cases, accusers make false claims since allegations of wrongdoing will work against the accused. Thus, they stand to benefit in legal disputes.

If you want to build your defense on this assertion, you have to prove that you are innocent. You could introduce alibi witnesses, surveillance footage, email, or text conversations as evidence showing the ulterior motive. Your attorney will demonstrate to the jury your accuser’s inconsistencies and any motives behind them fabricating the allegations.

When you use this defense strategy, you can redirect attention from your actions to the credibility of the claims against you.

Find a Criminal Defense Attorney Near Me

When facing abducting a minor for prostitution charges, it can be overwhelming to undergo the process on your own. High public scrutiny and judgment levels can be depressing and make you feel there is no way forward. These allegations destroy your reputation and cause you and your loved ones emotional stress. The lengthy prison sentences and societal stigma only add to your emotional burden.

Despite these challenges, you can seek legal help. An experienced criminal defense attorney can help you navigate the legal complexities. The Los Angeles Criminal Lawyer team will work to protect your rights and contest the charges to secure a favorable outcome. Call us today at 310-502-1314 and speak to one of us. We are ready to assist and work with you to secure the best legal outcome.