Can I Be Charged With Online Solicitation if We Never Met?

In Texas, online solicitation of a minor is a serious criminal offense, and it involves using electronic communication to attempt to engage a person under the age of 18 in sexual activities. These charges can arise even if no physical contact occurs, which leads many to ask, “Can I be charged with online solicitation if we never met?” The short answer is yes—if the communication suggests intent to engage in illegal activity with a minor, the law applies, regardless of whether or not a face-to-face meeting occurs.

If you find yourself facing accusations of online solicitation of a minor, it’s crucial not to assume that your case will unfold like those you’ve read about in the media. Texas law enforcement is increasingly focused on catching online offenders, and accusations can be based on things like explicit messages or the belief that someone is underage, even if no crime was actually intended.

Understanding the complexities of the law, potential police tactics, and the severe consequences of a conviction is essential. In this article, we’ll break down the legal framework surrounding these charges, common defenses, and how an experienced defense lawyer for online solicitation of a minor in Houston, Texas, from Scheiner Law Group can provide a strong defense against accusations of online solicitation in Houston, Texas.

What Are Texas Laws For Online Solicitation of a Child?

Texas has strict laws regarding sex crimes involving minors including online solicitation of a minor, and these laws apply even if no physical contact occurs. Under Texas Penal Code §33.021, it is a criminal offense to use the internet or any electronic communication platform to engage in sexually explicit conversations with a minor or attempt to arrange a meeting for sexual purposes.

What Constitutes Online Solicitation?

Texas law defines two primary ways in which a person can be charged with online solicitation of a minor:

  • Sexually Explicit Communication: A person commits an offense if they intentionally use text messages, emails, chat rooms, or other online services to communicate in a sexually explicit manner with a minor or send sexually explicit materials.
  • Soliciting a Meeting: If an individual knowingly uses the internet or electronic communication to request, persuade, or attempt to convince a minor to meet for sexual activity, they can be charged—even if the meeting never takes place.

Who Is Considered a Minor Under Texas Law?

Texas law defines a minor as anyone under the age of 17. However, the law also applies if the defendant believes they are communicating with a minor, even if the person is actually an adult, such as an undercover officer. This means that individuals caught in police sting operations can still face serious criminal charges, even if no actual minor was involved.

Does a Meeting Have to Occur to Be Charged?

No. A person can be prosecuted for online solicitation based on digital communication alone. Even if no in-person meeting takes place, and even if the defendant later claims they never intended to follow through, the law still considers the solicitation itself a criminal act. These broad legal definitions in relation to internet sex crimes in Texas allow law enforcement to aggressively pursue online solicitation cases, often relying on chat logs, emails, and text messages as primary evidence.

For immediate legal assistance from an experienced Houston sex crime defense lawyer, contact Scheiner Law Group today. Our skilled legal team can help you understand your rights.

How Do Online Solicitation Sting Entrapments Work in Texas?

Law enforcement agencies in Texas have increasingly relied on online sting operations as a proactive strategy to combat online solicitation of minors. These operations are designed to identify and apprehend individuals attempting to engage in illegal activities with minors. While these stings aim to protect children, they can also lead to situations where innocent people or those unaware of the law are targeted.

How Are These Stings Conducted?

In these operations, law enforcement officers pose as minors, creating detailed and realistic online profiles on social media platforms, messaging apps, and dating sites. Here’s how they typically work:

  • Creating a Profile: An officer develops a convincing online persona that appears to belong to an underage individual. This often includes using photos, age information, and interests to make the profile seem genuine.
  • Engaging in Conversations: The undercover officer interacts with users, steering conversations in a direction that may involve explicit communication. Sometimes, they actively encourage the suspect to discuss sexual topics or arrange a meeting.
  • Building Evidence: If the individual engages in sexually explicit communication or expresses intent to meet the “minor” for sexual purposes, the police gather this as digital evidence to build a case.

Are Sting Operations Always Fair?

While these operations are meant to target individuals attempting to harm minors, they are not without controversy. Many sting operations push the boundaries of ethical law enforcement practices, and in some cases, unsuspecting individuals can be unfairly targeted.

For example, police officers may initiate or steer conversations in a way that encourages illegal behavior, creating a “gray area” that some might consider entrapment. Although entrapment is illegal, the law often grants police significant leeway in how they conduct these operations, making it difficult to prove that an officer’s actions crossed the line.

Misconceptions About Undercover Stings

Many people mistakenly believe that police officers must identify themselves if asked directly or avoid deception while conducting stings. This is far from the truth. Undercover officers are permitted to lie and use sophisticated technology to remain undetected, making it nearly impossible for most people to identify them online.

Additionally, law enforcement may employ decoys who are skilled at posing as minors or manipulating conversations to build a case. These tactics can make it challenging to discern whether someone is genuinely underage or part of an undercover operation.

The Stakes Are Higher Than You Think

A significant number of people caught in these stings are not career criminals or predators. Often, they are young adults or individuals unaware of the laws surrounding online solicitation. A brief exchange on a dating app or an innocent conversation can quickly escalate into serious criminal charges, with life-altering consequences.

It’s important to understand that even if no in-person meeting takes place, Texas law allows individuals to be prosecuted based solely on the digital evidence collected during these stings. Recognizing these tactics and their implications is crucial to avoid becoming unintentionally involved in illegal activities.

Are Police Online Sex Stings and Entrapment Legal in Texas?

Many people facing online solicitation charges wonder whether they were unfairly targeted in a sting operation. While Texas law allows undercover police stings, the question of entrapment often arises. Entrapment is a legal defense that argues law enforcement induced someone to commit a crime they otherwise would not have committed. However, proving entrapment in Texas is challenging.

What Counts as Entrapment Under Texas Law?

For an entrapment defense to succeed, the defendant must show that:

  • Law enforcement persuaded or pressured them into committing the crime.
  • They had no prior intent to engage in online solicitation before being contacted by the undercover officer.

Texas law does not require that the person charged actually communicated with a real minor. Instead, if the defendant believed they were speaking with a minor, they can still be convicted—even if the “minor” was actually an undercover officer.

Why Is Entrapment Difficult to Prove?

Law enforcement is allowed to use deception in sting operations. They can:

  • Pose as minors online.
  • Initiate conversations and guide discussions.
  • Encourage a suspect to express interest in meeting.

However, officers cannot force, threaten, or excessively pressure someone into committing a crime. If an undercover officer actively pushed the suspect into illegal activity in a way that would cause an average law-abiding person to break the law, an entrapment defense may apply.

How an Attorney Can Challenge Entrapment

Successfully arguing entrapment requires showing that law enforcement went beyond merely providing an opportunity to commit a crime. An experienced attorney may be able to present evidence that:

  • The defendant was reluctant and only proceeded due to police pressure.
  • The tactics used by police were extreme, misleading, or deceptive.
  • The defendant had no history or inclination to commit such a crime before being contacted.

Texas courts tend to side with law enforcement in sting operations, making entrapment defenses difficult but not impossible. Even if entrapment is not a viable defense in a case, other legal strategies may be available to challenge the charges.

To learn more about possible defenses to being charged with online solicitation of a minor in Texas, reach out to the experienced attorneys at Scheiner Law Group today.

What Are The Consequences For Being Convicted of Online Solicitation of a Minor in Houston, Texas?

A conviction for online solicitation of a minor in Texas carries severe legal and personal consequences, including prison time, steep fines, and mandatory sex offender registration. The penalties depend on the age of the alleged minor and the nature of the communication.

Criminal Penalties

Online solicitation of a minor is classified as a felony offense under Texas law, with punishments escalating based on the minor’s age:

  • If the alleged minor is under 14 years old, the offense is a second-degree felony, punishable by:
    • Up to 20 years in prison
    • Fines up to $10,000
  • If the alleged minor is 14-16 years old, the offense is a third-degree felony, punishable by:
    • Up to 10 years in prison
    • Fines up to $10,000

The intent behind the communication is also a key factor. Under Texas Penal Code §33.021, a person can be charged if they:

  • Communicated in a sexually explicit manner with a minor.
  • Attempted to solicit a minor to meet for sexual activity, even if the meeting never occurred.

Mandatory Sex Offender Registration

A conviction for online solicitation of a minor requires registration as a sex offender, which can lead to:

  • Severe restrictions on housing and employment opportunities
  • Limitations on internet access and social interactions
  • Permanent damage to personal relationships and reputation

Other Consequences Beyond Prison Time

Even after serving a sentence, individuals convicted of online solicitation may face:

  • Loss of professional licenses, making it difficult to work in certain fields
  • Immigration consequences, including deportation for non-citizens
  • Ongoing social stigma, affecting relationships and community standing

A conviction for online solicitation of a minor can permanently alter a person’s future. If you are facing these charges, securing legal representation from an experienced Texas sex crime defense attorney is crucial to protecting your rights.

How Can Scheiner Law Group Help Defend Me Against Online Solicitation of a Minor Charges?

Being accused of online solicitation of a minor is a serious matter, but there are legal defenses that may apply to your case. A strong defense strategy requires careful analysis of the evidence, police conduct, and intent behind the communication. Below are several possible defenses that may be used in these cases:

Unlawful Police Tactics and Entrapment

Entrapment occurs when law enforcement pressures, induces, or manipulates someone into committing a crime they otherwise would not have committed. In online sting operations, undercover officers often pose as minors and initiate conversations to gather evidence.

To prove entrapment, your attorney must show that:

  • You had no prior inclination to engage in illegal activity.
  • Law enforcement used coercion, harassment, or extreme persuasion to provoke the alleged offense.

If the police were overly aggressive or deceptive in their methods, this defense could be key to challenging the charges.

Mistaken Identity and False Allegations

Many online solicitation cases involve false accusations or mistaken identity. You may have been wrongfully accused due to:

  • A third party using your device, email, or social media account.
  • Someone fabricating evidence against you.
  • Law enforcement misidentifying you in their investigation.

A digital forensic analysis may help prove that you were not the individual behind the alleged communication.

Lack of Awareness About Age

For a conviction, the prosecution must prove that you knowingly communicated with someone you believed to be a minor. If you were unaware of their age, this can be a crucial defense.

Possible supporting arguments include:

  • The person presented themselves as an adult in their profile, messages, or photos.
  • There was no clear indication of their age in your communication.

It’s important to note that under Texas Penal Code §33.021, a person can still be prosecuted if they believed the individual was underage, even if no meeting ever took place.

No Intent to Commit a Crime

Simply communicating online does not automatically prove criminal intent. The law requires that the accused intended to meet the minor for illegal purposes. If there was no actual plan or steps taken toward a meeting, this can be used as a defense.

Examples of evidence that may support this defense include:

  • A lack of explicit language suggesting an intent to meet.
  • Communications that were misunderstood or taken out of context.
  • No effort made to arrange an in-person meeting.

Fantasy Role-Playing and Protected Speech

Some individuals engage in fantasy role-playing online with other consenting adults. If your conversations were part of a consensual role-play, this may be a defense, particularly if there was no intention to interact with an actual minor.

In certain cases, the First Amendment may also protect speech that does not involve a real or intended crime. However, this defense requires careful legal analysis to determine its viability.

Issues with the Evidence Against You

If the prosecution’s evidence is flawed, improperly obtained, or lacks credibility, it can weaken their case. Your attorney may challenge the evidence based on:

  • Unlawful searches or improper collection of digital records.
  • Altered or misleading chat transcripts.
  • Weak or unreliable testimony from witnesses.

Any evidence obtained in violation of your rights may be inadmissible in court, which can significantly impact the prosecution’s ability to prove their case.

Texas Law Recognizes Certain Legal Defenses

Texas law allows for two specific statutory defenses under Texas Penal Code §33.021:

  1. Marriage Exception: If you were legally married to the alleged minor.
  2. Close-Age Exception: If you were no more than three years older than the alleged minor, and the communication was consensual.

Even if these exceptions do not apply to your case, other defenses may still be available depending on the circumstances.

Building a Strong Defense Strategy

Every case is unique, and the right defense depends on the specific facts involved. Whether by challenging the credibility of the evidence, exposing improper law enforcement tactics, or proving a lack of intent, a strong legal strategy can make all the difference.

At Scheiner Law Group, we are dedicated to protecting your rights and ensuring that your side of the story is heard. If you are facing online solicitation charges, having an experienced attorney by your side is essential in fighting for the best possible outcome.

Knowledgeable Texas Sex Crime Defense Attorneys

At Scheiner Law Group, we understand the devastating impact that false or exaggerated child sex crime charges can have on your life, reputation, and future. Our legal team is committed to providing an aggressive and strategic defense, ensuring that your rights are fully protected at every stage of the legal process. With extensive experience handling complex sex crime cases in Texas, we know how to challenge weak evidence, expose improper law enforcement tactics, and build a strong case in your defense.

If you are facing online solicitation or other serious charges, trust Scheiner Law Group to fight for your freedom and work tirelessly toward the best possible outcome.