Clayton James Smeby was charged with electronic solicitation of a minor in Hennepin County, Minnesota this week. He was employed by the Hennepin County Public Defender’s office and was in the investigations unit. He was formally charged with soliciting a child through electronic communication for sexual conduct. The girl was only 15 years old and was arrested in a separate incident when she told police that she was sexually assaulted by a “pimp.” Police found multiple text message conversations between the girl and Smeby stating that Smeby would giver her money or liquor if she agreed to a sexual relationship. The conversations also showed that she told Smeby that she was only 15 years old and that Smeby enjoyed the fact that he was her “secret.” Smedy told police that he did receive the message where the girl told him she was 15 but decided to ignore the text messages. Smeby told police that he was texting the girl’s older friend.
Electronic Solicitation of a Minor
Minnesota Statute 609.322 holds that electronic solicitation of a minor is when: A person 18 years of age or older who uses the Internet, a computer, computer program, computer network, computer system, an electronic communications system, or a telecommunications, wire, or radio communications system, or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person, is guilty of a felony:
(1) soliciting a child or someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in communication with a child or someone the person reasonably believes is a child, relating to or describing sexual conduct; or
(3) distributing any material, language, or communication, including a photographic or video image, that relates to or describes sexual conduct to a child or someone the person reasonably believes is a child.
Subdivision 2 above is currently being decided by the Minnesota Supreme Court on whether the statute is constitutional. Smeby is being charged with a felony and could face up to three years in prison if convictited. Max Keller is a criminal defense lawyer in Hennepin County, Minnesota. A criminal defense lawyer will need to analyze the evidence and come up with a strategy on how to defend you. Call 952-913-1421 today if you have been charged with a crime and if you are looking for a criminal defense lawyer in Hennepin County, Minnesota. Max Keller has handled many cases in Minnesota and is an experienced Hennepin county defense lawyer. Keller Law Officers offers free consultations and offers payment plans in most cases. Max Keller is experienced in dealing with assault cases. The Hennepin county defense attorneys at Keller Law Offices are available 24/7 and will dedicate as much time that is needed to zealously defend you. Just this past year, the criminal defense lawyers at Keller Law Offices have been able to keep electronic solicitation off of our clients records.