What Does Procurement of a Child Mean?
Child procurement is the illegal act of giving, transporting, or offering a child under your care or custody to another person for the purpose of prostitution, or paying a child to engage in prostitution. If you’ve been indicted or charged with child procurement, you must seek legal counsel from a skilled criminal defense attorney immediately.
There are multiple legal definitions and categories of child procurement. Below are the most common forms:
Types of Child Procurement
1. Acquisition of Child Pornography
Involves abduction or seduction of minors to create, possess, or distribute child pornographic material. The act often involves:
- Seizing or coercing minors
- Producing media for pornographic purposes
- Violations leading to charges for child pornography
2. Procurement for Sexual Abuse
Often tied to child trafficking, sexual abuse of a child includes:
- Lewd acts
- Aggravated assault
- Rape
- Child molestation
- Child sexual abuse
Conviction can lead to fines, imprisonment, and mandatory sex offender registration.
3. Internet-Based Child Trafficking
The internet plays a major role in facilitating child pornography and trafficking. Harsh federal penalties, including 10 to 300 years in prison, are common depending on the number of offenses and jurisdictions involved.
4. Additional Examples
- Kidnapping and detaining a child
- Selling or buying a child for sex
- Using a child for pornography
- Adopting for exploitative purposes
- Cross-state trafficking
Penalties for Child Procurement in California (PC Section 266J)
According to California Penal Code Section 266J, it is a felony to:
- Give, provide, or transport a child (under 16) for sexual exploitation
- Induce or persuade a minor to engage in sexual acts
Punishments Include:
- Jail time: 3, 6, or 8 years
- Fines: Up to $15,000
- Sex offender registration
- Permanent criminal record
- Restrictions on where you live or work
- Supervised parole or release
Federal Laws Prohibiting Child Procurement and Related Crimes
Under Title 18 of the U.S. Code, federal prosecution may include:
- Section 1201 – Kidnapping
- Section 1592 – Trafficking through force or coercion
- Section 2241 – Sexual abuse
- Section 2243 – Sexual abuse of minors
- Section 2251 – Sexual exploitation of children
- Section 2251A(a)(b) – Sale/purchase of children
- Section 2422 – Coercion and enticement
- Section 2433 – Transporting children
What Burden of Proof Does the Prosecution Bear?
The prosecution must prove beyond a reasonable doubt that:
- The child was under 16 years old
- The accused was over 18 years old
- The intent was to solicit the minor for sexual activity
In What Ways Could One Refute an Accusation of Prostitution of a Minor?
Common defenses against child prostitution charges include:
- The alleged victim was not under 18
- Entrapment by law enforcement
- Mistaken identity or false accusation
A strong defense strategy may also include pre-filing intervention, where your lawyer negotiates with the prosecutor to prevent charges from being filed.
Get Legal Help Now
If you’ve been accused or charged with child procurement, it is critical to act quickly. The legal consequences are severe and long-lasting.
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