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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27056
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother may be accused of child molesting his step daughter.

Customer Question

My brother may be accused of child molesting his step daughter. While he was doing a hand job he texted her to see if she would do it. She said no and he said no more. No touching or anything else happened. I was wondering what his sentence looks like.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Your brother did not actually molest his step daughter. What he did, however was to solicit her for sexual purposes. In Maryland soliciting a minor is a Felony which would have a maximum possible penalty of 10 years of prison.
Here is the statute with which he would be charged:
§3–324. Sexual Solicitation of a Minor
(a) In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including:
(1) in person;
(2) through an agent or agency;
(3) over the telephone;
(4) through any print medium;
(5) by mail;
(6) by computer or Internet; or
(7) by any other electronic means.
(b) A person may not, with the intent to commit a violation of § 3–304, § 3–306, or § 3–307 of this subtitle or § 11–304, § 11–305, or § 11–306 of this article, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3–304, § 3–306, or § 3–307 of this subtitle or § 11–304, § 11–305, or § 11–306 of this article.
(c) A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation:
(1) originated in the State; or
(2) is received in the State.
(d) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.
Customer: replied 2 years ago.
What would be a sentence for one account of sexual child abuse of a minor in the state of Maryland?
Expert:  Zoey_ JD replied 2 years ago.
Are you now saying that he actually had physical contact with this minor? Because before you said that what he did was simply ask her to engage in sexual contact. What he did can get him up to 10 years of prison.
If he never touched her, he could not be convicted of sexual abuse.
Customer: replied 2 years ago.
No she did not touch him and he did not touch her. That is why I am confused.
Expert:  Zoey_ JD replied 2 years ago.
Has your brother actually been charged with anything yet? Does the step daughter claim he touched her?
Customer: replied 2 years ago.
The detectives called and said that that is what he is going to be charged for. I am not sure what she is claiming.
Expert:  Zoey_ JD replied 2 years ago.
First of all, neither your brother nor you should be saying anything to the police about this incident. If he hasn't been charged but the police are calling for information, then that usually means they are not sure the complainaint is telling the truth and they are fishing for information which they will use to arrest your brother
If the complainant does say that he molested her, then child molestation in Maryland also has a penalty of up to 10 years in prison.