Matter to Seduce Minor. The legal definition states that sending explicit or obscene things to a person under 18 years old with the 1. intent of sexually arousing yourself and/or the receiver and 2. with an intent to seducing the receiver. So to be charged for this crime the prosecutor has to prove 4 facts. 1.that you knowingly sent harmful matter to a minor, 2. You knew that the receiver was a minor, or failed to reasonably check their true age. 3. You had the intent to arouse sexual desire yours or the minor. 4. You intended to seduce the minor. This means that you intended to push/invite them for physical contact.
The crime can end up as a misdemeanor or a felony. It depends on the facts of the case and your criminal history. However if this is a second or continuous charge it is an automatic felony. As a misdemeanor you can face an informal probation. Up to six months in jail. And up to a $1000 fine. As a felony you will receive a formal probation. Up to 3 years in prison. Up to a $10,000 fine. And having to register as a sex offender for life. Also your computer may be confiscated for either charge. Its important to note that as a misdemeanor you don’t have to register as a sex offender. Only the felony charge does. Failure to register as a sex offender however is a separate felony.
In order to win this case the easiest way is to prevent the start of it. If the matter itself wasn’t harmful, the offenses doesn’t exist. The matter must be seen as a whole that it represents sex in an obscene way to a minor, and has no serious educational value. Seeing the upper bodies of two people having sex in a movie does not count in this regard. Its also important to note that you also cannot be charged if you didn’t mean to seduce the minor. If you had no intention of meeting them there is no seduction.
If you were charged with sending harmful matter to seduce minor speak to an attorney for consultation.