Can Social Media Messages Lead to a Sex Crime Charge?

 Posted on October 11, 2026 in Sex Crimes

Social media messages can lead to sex crime charges in Maryland. No physical meeting is required. Several offenses are based on messages alone, meaning the words themselves form the crime. Many of these cases begin with an undercover officer posing as a minor, which means the person on the other end was never a child at all. Others start when a parent reads a child's phone and contacts police.

If investigators have contacted you about online messages in 2026, Silver Spring, MD sex crimes defense lawyers can tell you what prosecutors must prove to get a conviction.

What Maryland Sex Crimes Can Be Charged Based on Social Media Messages?

Maryland law allows certain sex crimes to be charged based on online communications even when no physical meeting occurs. One example is Md. Code, Criminal Law § 3-324, Sexual Solicitation of Minor. The law makes it a crime to knowingly ask a minor to take part in sexual activity with the intent to commit certain sex crimes. This also applies when an undercover officer is pretending to be a minor.

Solicitation means asking, urging, or encouraging someone to take part in the illegal activities covered by this law. This can happen by computer, internet, telephone, or other electronic means. A first offense is a felony carrying up to 10 years in prison and a fine of up to $25,000. A second or later offense can carry up to 20 years and a $50,000 fine.

Other charges can arise from the same conversation. Depending on what was sent, requested, or possessed, charges may involve child sexual abuse material (CSAM) or other offenses involving electronic communications. Federal charges are also possible when the conduct meets the requirements of a federal criminal statute.

Can You Face a Maryland Solicitation Charge if the Person Was an Undercover Officer?

You can be charged with solicitation of a minor even when no actual minor was involved. Maryland law specifically covers the solicitation of a law enforcement officer posing as a minor.

These investigations may involve an officer using a profile that appears to belong to a teenager on a dating app, social media platform, or game chat. The messages that follow can become important evidence.

The State still has to prove that the accused knowingly made the solicitation and had the intent required by the statute. The fact that the other person was actually an undercover officer does not prevent a conviction.

What Does the State Have to Prove in an Online Solicitation Case?

First, prosecutors must show that the communication occurred. Messages, account records, or device data may be used as evidence. Second, they must connect the accused to the messages. A username alone may not prove who was actually using the account.

Third, the State must prove that the accused knowingly asked a minor, or an officer posing as a minor, to take part in illegal sexual activities. Prosecutors must also prove that the accused intended to commit one of the crimes listed in the law.The full conversation matters when determining what the person knew and intended.

What Defenses Apply to a Sex Crime Charge Involving Social Media in Maryland?

Possible defenses in these cases depend on the messages, the charge, and how investigators gathered the evidence. They may include:

• Lack of criminal intent: The full conversation might not show the intent required by the charged offense.

• Mistaken identity: Someone else could have used the phone, computer, or account.

• Incomplete messages: Selected messages can give a different impression than the full conversation.

• Entrapment: This defense can apply if police pressured or persuaded someone to commit a crime they were not already willing to commit.

• Mistake about age: Depending on the charge, the defense can question whether the accused knew or believed the other person was a minor.

• Problems with digital evidence: The defense can challenge how messages or device records were collected, preserved, or authenticated.

The entire message history can be important because timestamps and surrounding conversations can change the meaning of individual statements.

Schedule a Free Consultation With Our Montgomery County, MD Sex Crimes Defense Attorneys

At The Law Offices of Gerstenfield & Demirji, PC., we handle these cases with warmth and compassion. We’ve built solid working relationships with prosecutors across the county, which often opens a path to resolution without trial. When a case calls for a fight instead, we are prepared to take it there. 

Contact The Law Offices of Gerstenfield & Demirji, PC. at 301-589-9500 to talk to our Silver Spring, MD sex crimes defense lawyers today. Our attorneys are available 24 hours a day.

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