When Charged With a Crime ®

We have been seeing more and more instances of private groups setting up sex sting operations by posing as minors online and then revealing the pictures and identities of the alleged adult perpetrators. You may wonder how any of these people can be prosecuted, since no minors are actually involved, just adults posing as minors. As we explain in this video, a number of the relevant sections of the California Penal Code do not require the participation of an actual minor – they only require that the accused individual have the “subjective intent” to meet with a minor.

There is another important issue that arises when the sting operation is performed by a private group. In these instances, the question becomes how a person can be prosecuted for the crime if the sting does not involve the police. When ABC 10 News San Diego first looked at the issue in connection with the outing of a San Diego County Deputy Sheriff earlier this year, they turned to our Managing Partner, David P. Shapiro, for answers. The Sergeant was alleged to have solicited a minor for sex. During the TV interview, David explained that the police could, at the very least, treat the information provided by the private group as the equivalent of a citizen’s tip. This could lead, for example, to the issuance of a search warrant, which could result in additional charges.

If you are under investigation for a sex crime, we suggest you keep your mouth closed and hire the best, locally experienced, criminal defense law firm you can possibly afford. You can reach our office at 619-295-3555.

Our firm is delighted to announce we have been named a 2022 Finalist for the Better Business Bureau Torch Award for Ethics. Winners will be announced on September 7. According to the BBB, this award "set[s] the bar for how ethical operations can positively affect the community at large."

We are one of only 14 San Diego area companies recognized for this honor; the only law firm named as a finalist; and, as far as we know, the only criminal defense law firm to ever have been a finalist. The award focuses on ethics and trust in several categories, among them character, culture, customers, and community. To learn more about this prestigious recognition, click here.

The award is one of the highest honors bestowed by the Better Business Bureau, and we are so grateful that our adherence to the highest ethical standards, for both our clients and the San Diego community as a whole, has been recognized.