The NBC show “To Catch A Predator” has become popular on TV and has caught many men in undercover sting operations. Some of these stings deal with police operations, where “undercover” officers pose as children. While these undercover officers pose as children, they talk to men online looking for people talking dirty. The undercover officers will then try to set up a meeting with the person and then bust them.
Under Michigan law, MCL 750.145a prohibits soliciting and accosting a minor. The law regarding accosting a minor reads:
750.145a Accosting, enticing or soliciting child for immoral purpose.
Sec. 145a.
A person who accosts , entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
The obvious problem with prosecutions of these cases is that the person who is be accused of accosting a minor is that the defendant hasn’t actually solicited anything from a child. They solicited an undercover police officer. While there can be a strong argument made that this is protected speech under the First Amendment, no matter how disgusting the conversation may be, one can expect prosecutors to continue prosecuting under this law for the foreseeable future.