Laws on Solicitation of Minors

Laws on Solicitation of Minors

Dec 30

The crime of “solicitation of a minor,” also known as child enticement, is the act of deliberately inviting, persuading or enticing a child below the age of 16, to enter any form of dwelling, such as a home, a vehicle, or an office, for the purpose of engaging in a sexual activity, including fondling, sodomy, molestation, sexual assault or sexual intercourse. Actually, the mere attempt to solicit or entice a child below 16 years old, even if the act is never carried out, can still result to solicitation charges.

Many states prosecute sex crimes against minors very aggressively. Being a felony offense, those convicted can face up to 20 years imprisonment, up to $15,000 in fines and, possibly, lifetime mandatory registration as a sex offender.

According to the United States Department of Justice, Section 2422(a) and (b) of Title 18 of the United States Code says that anyone can be charged with solicitation of a minor on the following grounds:

Knowingly persuading, inducing, enticing, or coercing any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, for the purpose of engaging in prostitution, or in any sexual activity for which any person can be charged with a criminal offense. Those who attempt (to persuade, induce, etc.) also be charged with the same offense and fined and/or imprisoned for not more than 20 years; and,

Using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Any person can face the same felony charge even if the act is committed through the use of a computer or through any online or electronic means, including conversations via emails or text messages, or even if the alleged victim was a police officer posing as a minor so long as the alleged offender thought he or she was speaking with a minor.

According to a Nashville sex crime defense attorney, sex offenses where the victim is a child are among the most complex and challenging criminal cases to defend. It may be absolutely necessary for a person charged to have an experienced, tough, effective criminal defense attorney on his/her defense.

Laws on Solicitation of Minors

Laws on Solicitation of Minors

Dec 29

The crime of “solicitation of a minor,” also known as child enticement, is the act of deliberately inviting, persuading or enticing a child below the age of 16, to enter any form of dwelling, such as a home, a vehicle, or an office, for the purpose of engaging in a sexual activity, including fondling, sodomy, molestation, sexual assault or sexual intercourse. Actually, the mere attempt to solicit or entice a child below 16 years old, even if the act is never carried out, can still result to solicitation charges.

Many states prosecute sex crimes against minors very aggressively. Being a felony offense, those convicted can face up to 20 years imprisonment, up to $15,000 in fines and, possibly, lifetime mandatory registration as a sex offender.

According to the United States Department of Justice, Section 2422(a) and (b) of Title 18 of the United States Code says that anyone can be charged with solicitation of a minor on the following grounds:

  • Knowingly persuading, inducing, enticing, or coercing any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, for the purpose of engaging in prostitution, or in any sexual activity for which any person can be charged with a criminal offense. Those who attempt (to persuade, induce, etc.) also be charged with the same offense and fined and/or imprisoned for not more than 20 years; and,
  • Using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Any person can face the same felony charge even if the act is committed through the use of a computer or through any online or electronic means, including conversations via emails or text messages, or even if the alleged victim was a police officer posing as a minor so long as the alleged offender thought he or she was speaking with a minor.

According to a Nashville sex crime defense attorney, sex offenses where the victim is a child are among the most complex and challenging criminal cases to defend. It may be absolutely necessary for a person charged to have an experienced, tough, effective criminal defense attorney on his/her defense.

Sole Proprietorships and Partnerships

Sole Proprietorships and Partnerships

Oct 18

A Sole Proprietorship is the smallest form of business entity. Because there is only one person who will own and run the business, this format can cost higher (for the owner to start); however, this owner is entitled to own whatever amount of profit the business will make. Decision making will be fast too and managing the business, easier, as there will be no clashing of interests, which usually happens with multiple-owned firms.

A sole proprietorship business format, however, renders a business owner’s liability unlimited. This makes the owner fully responsible for all debts and legal liabilities of the company. Thus, if the business goes bankrupt or if the company is unable to pay its debts, then the owner’s personal wealth and assets can be taken by creditors.

Another type of business format is Partnership, a business arrangement where the owners, called partners, agree to cooperate to achieve their mutual goals and interests. The partners in this type of business can be individuals, interest-based organizations, schools, businesses, governments or a combination of any of these.

There are three classifications of Partnership:

  • General Partnership is where partners equally divide among themselves company profits, losses, management responsibility and liability. It is recommended that partners draft a Partnership Agreement which will outline any instance of unequal distribution in profits, losses, management responsibility and liability. General partnership comes with a tax advantage: profits are not taxed to the business; partners include these in their individual tax returns (at a lower rate) instead.
  • Limited Partnership is an arrangement that restricts the liability and share in profit of a member based on the amount of his/her investment. Though one or more individuals can be a limited partner, there is one who shall remain as a general partner. This general partners will exercise control the business and assume full personal liability if ever the company will incur debts and face obligations. As a general partner, however, he/she will earn higher profits, but will also have more liability in case the business suffers financial loss. A limited partner does not participate in management decisions.
  • Limited Liability Partnership (LLP). Under this arrangement, some or all business partners have limited liability. One partner, however, will not be held liable for the negligent act or misconduct of another business partner.

The type of business format one should choose will depend on the service or product he/she wishes to provide. According to the law firm Russo, Russo & Slania, P.C., when establishing a new company, all decisions can have a substantial impact on the future of the business. From a legal standpoint, there are a range of different choices that must be made which can profoundly influence the course of a company’s development and progress. Advice from a qualified legal professional can prove invaluable, especially for entrepreneurs.

Phone Scams Targeting the Elderly

Phone Scams Targeting the Elderly

Mar 29

The Fond du Lac County Sheriff’s Office in Wisconsin has recently reported a phone scam targeting the elderly, which involves a caller saying that he was a representative of a federal government agency such as the Internal Revenue Service, and that the government is demanding payment from the elderly person because he has unpaid debts to the government. Police Captain Rick Olig added that another way the scammers play the victims is by pretending to be a member of the sheriff’s office and informing the elderly victim that he has missed jury duty or failed to pay a warrant. The scammer then tells the victim that the charge can go away if the victim will pay the scammer a fee.

Olig reminds citizens, especially the elderly, to be vigilant and not to easily believe people who have been calling them, especially those who state that they are federal officials, if they have not yet shown their identification cards. Also, all correspondence coming from the IRS is written in official letterhead as identifiers, he added.

It is difficult to determine whether an elderly person made an unwise but legitimate financial decision, such as an investment or a payment, or if he has been coerced under due stress, lack of informed consent, or fraud because sometimes a poor financial decision can be made by an elderly person due to bad or non-advice. Usually, financial crimes against the elderly include aside from phone scams, identity theft, internet fraud, check and credit card fraud, and prescription fraud. The United States Special Committee on Aging reported in 2000 that only one in 10,000 elderly fraud victims report said crime to the authorities.

For its part, the National Aging Resource Center on Elder Abuse in 1998, using data from 24 states, determined that 20% of all elder abuse victims in the country were victims of financial exploitation.

Kinds of Cerebral Palsy

Kinds of Cerebral Palsy

Oct 29

Cerebral palsy is a non-progressive motor disorder that is considered the most typical condition of its kind to afflict children. It truly is characterized by difficulty in maintaining position, the degree of disability based on the intensity of the problem and managing movements. It is thought that the illness is due to abnormal growth or injury to the mind, even though no one really knows for certain. Some believe that many cases are due to the prenatal care that is inadequate; others believe that it is a result of birth injuries sustained throughout a hard labor or medical negligence.

There are numerous ways to identify cerebral palsy. Including according to intensity and region changed. The stricken individual’s capacity to operate is dependent upon the seriousness of the state as pointed out earlier. People who have mild cerebral palsy may possibly simply seem a bit embarrassing but wants equipment, no special care, or support to function. Additional kinds of cerebral palsy based on severity are:

  • Average – is normally practical, although may be on lifelong medication to restrain movement, and will demand some special equipment such as braces to circumvent
  • Acute – very limited freedom, may require assistance, and a wheel-chair in accomplishing daily activities
  • No CP – this can be confusing, but relates to cases where the state was obtained following the brain had developed, so it is classified according to causation, like physical trauma or post-natal illness.

Cerebral palsy may also be classified according to what place and how a human body is changed. Paresis means destabilized, and plegia/plegic means paralyzed, therefore monoparesis/monoplegia means weakness/paralysis to only one limb, while hemiplegia/hemiparesis indicates the arm of a single side is affected. Other types comprise:

  • Diplegia/diparesis – both legs
  • Paraplegia/paraparesis – lower half of the body, including legs
  • Triplegia/triparesis – three limbs are changed, for example both hands and a leg
  • Double hemiplegia/double hemiparesis – all legs and arms, but one side more than the other
  • Tetraplegia/tetraparesis – three over the fourth, although legs and all arms
  • Quadriplegia/quadriparesis – all limbs are equally affected
  • Pentaplegia/pentaparesis – all four limbs plus mind and throat paralysis

A birth injury attorney would let you know that some children would have been delivered without any type had they not been mishandled during delivery. Occasionally cerebral palsy is the direct consequence of carelessness by way of a hospital worker and that should not be allowed.