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solicitation of a minor charges in Memphis

What Happens if I Am Charged With Solicitation of a Minor (TCA § 39-13-528) in Memphis, TN?

Your Life Just Changed Forever—And Not in a Good Way

At Harvey Criminal Defense Lawyers, we defend people facing the most serious sex crime charges in West Tennessee. We know how these cases destroy lives, and we know how to fight back when the State wants to make an example out of you.

Here’s what Tennessee law says, what you’re really facing, and what you need to do right now to protect whatever future you have left.

What Is Solicitation of a Minor Under Tennessee Law?

Under TCA § 39-13-528, it’s a crime for anyone age 18 or older to intentionally ask, persuade, or try to convince someone under 18—or someone they believe is under 18—to engage in sexual conduct.

This applies to any form of communication, including in person, by phone, text, email, or online.

To be criminal, the conduct you’re encouraging must be something that, if carried out, would violate one or more of the following offenses:

  • Rape of a child (§ 39-13-522)
  • Aggravated rape (§ 39-13-502)
  • Rape (§ 39-13-503)
  • Aggravated sexual battery (§ 39-13-504)
  • Sexual battery by an authority figure (§ 39-13-527)
  • Sexual battery (§ 39-13-505)
  • Statutory rape (§ 39-13-506)
  • Especially aggravated sexual exploitation of a minor (§ 39-17-1005)
  • Sexual activity involving a minor (§ 39-13-529)
  • Trafficking for commercial sex acts (§ 39-13-309)
  • Patronizing prostitution (§ 39-13-514)
  • Promoting prostitution (§ 39-13-515)
  • Aggravated sexual exploitation of a minor (§ 39-17-1004)

Here’s the key: You don’t have to actually meet the minor. You don’t have to touch anyone. You just have to ask them to engage in sexual conduct.

And if the “minor” turns out to be an undercover police officer, you’re still guilty.

What Happens If I Am Charged With Solicitation of a Minor?

If you’re charged with solicitation of a minor in Memphis, you’re facing a legal and personal catastrophe.

What happens immediately:

  • You’ll be arrested and booked into jail
  • You’ll likely be held on a high bond or denied bond entirely
  • The charges will become public record
  • Your name may appear in the local news and online

What happens during the legal process:

  • Prosecutors will seek maximum penalties
  • You’ll face multiple court appearances
  • Your digital devices will be seized and searched
  • Your internet activity will be forensically analyzed

What happens if you’re convicted:

  • Mandatory prison sentence
  • Lifetime sex offender registration
  • Permanent loss of certain rights and freedoms
  • Destruction of your reputation and relationships

This isn’t a charge that goes away quietly. The consequences follow you forever.

What Are the Penalties for Solicitation of a Minor in Tennessee?

Under TCA § 39-13-528, solicitation is charged one level below the offense solicited—unless the offense is a Class E felony, in which case it becomes a Class A misdemeanor.

Possible Penalties:

  • Class A misdemeanor: Up to 11 months, 29 days in jail + $2,500 fine
  • Felonies (Class E to B): 1 to 30 years in prison + fines up to $25,000

Collateral Consequences:

  • Loss of employment and professional licenses
  • Housing restrictions – you can’t live near schools, parks, or childcare facilities
  • Internet restrictions – limited access to social media and certain websites
  • Immigration consequences – deportation for non-citizens

The sex offender registration follows you forever. Your name, photo, and address will be published online for anyone to see.

What Should You Do If You’re Charged With Solicitation of a Minor?

If you’ve been arrested or think you might be charged:

  1. Stop all communication immediately – Don’t contact anyone involved in the case, don’t post on social media, and don’t try to explain yourself to police.
  2. Hire a criminal defense attorney right now – This is not a charge you can handle alone or with a general practice lawyer. You need someone who specializes in sex crimes.
  3. Don’t talk to anyone about the case – Not family, not friends, not cellmates. Everything you say can be used against you.

Most importantly: Don’t try to “fix” this by cooperating with police. They’re not trying to help you—they’re trying to convict you.

Should I Get a Lawyer Before I’m Arrested?

Yes. If you think you might be under investigation for solicitation of a minor, you’re probably right. And waiting until after you’re arrested is often too late.

Early legal intervention can:

  • Stop charges from being filed – if the evidence is weak or obtained illegally
  • Negotiate with prosecutors – before they commit to prosecution
  • Protect your rights – before you accidentally waive them
  • Control the narrative – before police shape the story against you

Remember: Solicitation of a minor investigations often take months. During that time, police are building their case while you’re living in limbo. Don’t waste that time—use it to fight back.

How We Defend Solicitation of a Minor Cases

At Harvey Criminal Defense Lawyers, we’ve handled dozens of solicitation cases. We know the law, the prosecutors, and the tactics police use.

Our defense strategies include:

Challenging the Evidence:

  • Was the investigation conducted legally?
  • Were your constitutional rights violated?
  • Is the evidence authentic and admissible?

Attacking the “Knowledge” Element:

  • Did you actually know or should have known the person was a minor?
  • Were you deceived about the person’s age?
  • Did police create an unrealistic scenario?

Negotiating Reduced Charges:

  • Can we get the charge reduced to something that doesn’t require sex offender registration?
  • Are there alternative sentencing options available?

FAQs

What if I thought I was talking to an adult?

Intent matters, but Tennessee law focuses on what you “reasonably should have known.” If the conversation, photos, or profile suggested the person was under 18, prosecutors can still pursue charges even if you believed they were older.

Can I be charged if I never actually met the minor?

Yes. Solicitation of a minor is complete when you ask someone you know or should know is under 18 to engage in sexual conduct. No physical meeting or touching is required.

What if the “minor” was actually a police officer?

This doesn’t matter under Tennessee law. If you solicited someone who represented themselves as being under 18, you can still be charged and convicted, even if the person was an adult police officer.

Will I have to register as a sex offender?

Yes, if convicted. Solicitation of a minor requires mandatory sex offender registration. This is not optional and cannot be avoided through plea negotiations in most cases.

How long will I be on the sex offender registry?

For life. Tennessee requires lifetime registration for solicitation of a minor convictions. There are very limited circumstances where you might be able to petition for removal after 25 years, but this is rare and difficult to achieve.

Charged with Solicitation of a Minor in Memphis? Your Future Depends on What You Do Next

A solicitation of a minor charge will destroy your life if you don’t fight it.

But fighting it requires more than hope. It requires strategy, experience, and aggressive legal representation.

At Harvey Criminal Defense Lawyers, we’ve successfully defended people facing these exact charges. We know how to challenge the evidence, attack the investigation, and negotiate with prosecutors.

Call us today. Before it’s too late.

Author Bio

Phil Harvey

Phil Harvey
FOUNDER & ATTORNEY

Phil Harvey is the founder and lead attorney of Harvey Criminal Defense Lawyers in Memphis, Tennessee. Known for his tireless advocacy, Phil defends clients facing serious felony charges, from motor vehicle burglary to first-degree murder. Before starting his own firm, he served as an Assistant Public Defender in Shelby County and represented clients in personal injury and wrongful death cases involving car and trucking accidents, nursing home neglect, and more.

A graduate of The College of William and Mary Law School, Phil honed his trial skills on the Moot Court Team and through years of courtroom litigation experience. He considers it a privilege to stand with the accused when their rights, freedom, and future are on the line.

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