Criminal Defense

What is ‘Child Procurement’?

January 03, 2023 by Mikel Rastegar in Criminal Defense  
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What Does Procurement of a Child Mean?

Child Procurement is the illegal act of giving your child or a child you have in your possession to another person as a prostitute or paying a child to be a prostitute. Seeking help from an experienced defense attorney should be your priority if you have been indicted or charged with child procurement.

Circumstances differ, though, and a variety of aspects could influence your case. Listed below are a few different types of child procurement.

Types Of Child Procurement

Acquisition of Child Pornography

The abduction of children for pornographic reasons is one of the most prevalent forms of child procurement. This indicates that the youngster was seized, seduced, met, arranged custody of, or stolen with the intent to film or produce pornographic content. In addition to child procurement accusations, you may potentially face penalties for child pornography and other serious offenses.

Procurement for Sexual Abuse

Sexual abuse of a child is a typical additional offense associated with child trafficking. This includes sexual misconduct, aggravated sexual assault, lewdness, rape, and child sexual abuse, among other possible offenses. Cases involving child molestation or rape may swiftly rise in fines or jail time. In addition to jail time and hefty penalties, you may also be placed on a sex offender register for life.

Internet-Based Child Trafficking

The creation of child pornography is often linked to the acquisition of children. It’s no secret that the internet has become a significant hub for the trafficking and sale of children. Sentences of over 150, 200, or 300 years are not unheard of and, in certain circumstances, are usually imposed for federal and several state charges where a 10- or 20-year consecutive term per image is possible.

Others include:

  • Kidnapping a child and putting them in detention
  • Taking a child to use as an enslaved person or servant
  • Getting children for adoption on the black market
  • Child trafficking with intent to cross state lines

Penalties for Child Procurement

In violation of Section 266J of the California Penal Code: A person commits a felony if they “knowingly give, transport, provide, or make available to another person a minor under 16 years of age. Knowingly offer to give, transport, or make available to another person,” a child under the age of 16 for any lewd act as stated in Section 288; or “knowingly cause, induce, or persuade” a child under the age of 16 to engage in such an act with another person.

This comes with the following punishments:

  • Jail time for 3, 6, or 8 years.
  • Maximum of $15,000 fine.
  • Mandatory sex offender registration.
  • Indictments and convictions are recorded indefinitely.
  • Convictions that allow for supervised parole or supervised release.
  • Restrictions on where to live and work.

Federal Laws Prohibiting Child Related Crimes

Prosecutions for child procurement may be brought under various federal statutes. It includes but is not limited to those included in Title 18 of the United States Code, which deals with crimes committed against children.

  1. Section 1201: Taking someone away.
  2. Section 1592: Using force, fraud, or coercion to get a child to have sexual relations.
  3. Section 2241 is about severe sexual abuse.
  4. Section 2243 is about sexual abuse of a minor or ward.
  5. Section 2251 is about the sexual exploitation of a child.
  6. Section 2251A(a)(b) is about selling or buying children.
  7. Section 2422 is about coercion and enticement.
  8. Section 2433 is about transporting children.

What Burden of Proof Does the Prosecution Bear?

The courts must prove, beyond a reasonable doubt, to establish the crime of soliciting a minor under 16 years old for criminal sexual behavior that a person above 18 intentionally solicited a minor under 16 for sexual conduct.

In What Ways Could One Refute an Accusation of Prostituting Children?

The best potential conclusion of a case involving compelling child prostitution may be achieved via the employment of numerous standard defenses, including:

  • The alleged victim was not a juvenile under the age of 18.
  • You were entrapped by law enforcement.
  • You were wrongly charged with the crime.

In addition, your lawyer may be able to convince the prosecution to drop the charges or reduce their severity. There’s also the possibility of engaging in prefiling dialogue with law enforcement and the prosecutor to prevent filing any indictments in the first place.

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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