What Are the Laws For Online Solicitation of a Minor in Texas?

In Houston, Texas, the act of online solicitation of a minor may appear less severe than other sexual crimes, yet its consequences can be life-altering, affecting not just you but also your family. If you or a loved one is facing accusations of online solicitation of a minor, it’s crucial to have a skilled Houston sex crime lawyer by your side.

Here at Scheiner Law Group, we bring over 45 years of collective experience in defending against sex crimes, including cases of online solicitation of a minor. With backgrounds in both state and federal prosecution, our Houston sex crime defense attorneys possess a comprehensive understanding of the complexities involved in these cases.

We acknowledge the seriousness of these allegations and their potential impact on your life. Beyond fighting to protect your freedom and restore your reputation, our compassionate team is here to provide the support you need during this challenging time. These accusations are not to be taken lightly—reach out to Scheiner Law Group, where we stand ready to defend your rights and guide you through this difficult process.

What Are The Online Solicitation of a Minor Laws in Texas?

The Texas Online Solicitation of a Minor law, as defined in the Texas Penal Code Section §33.021, addresses the serious offense of communicating sexually explicit content to a minor or soliciting a minor to engage in sexual activity. This statute outlines two distinct ways an individual can be charged with Online Solicitation of a Minor:

Communicating in a Sexually Explicit Manner: Under subsection (b) of the law, individuals who are 17 years of age or older commit an offense if they communicate in a sexually explicit manner with a minor. This can include sexting minors in Texas and situations where the communication occurs over the internet, via electronic mail, text messages, or other electronic message services. The intent must be to commit an offense listed in Article 62.001(5)(A), (B), or (K) of the Texas Code of Criminal Procedure.
Soliciting a Minor for Sexual Activity: Alternatively, under subsection (c), individuals commit an offense if they knowingly solicit a minor to meet another person (including themselves) with the intent for the minor to engage in sexual contact, sexual intercourse, or deviate sexual intercourse. This solicitation can also occur over the Internet or through electronic communication services.

It’s important to note that someone under the age of 17 cannot be convicted under subsection (b) of this statute. However, anyone, including minors, can be convicted of Online Solicitation of a Minor if they solicit a minor for sexual activity under subsection (c).

In 2015, the Texas legislature amended Penal Code Section 33.021 to address constitutional concerns and ensure the law’s effectiveness. The amendments clarified that for the communication to be a criminal violation under this statute, the person must have the intent to commit offenses such as continuous sexual abuse of young children, indecency with a child, sexual assault, possession or promotion of child pornography, and others listed in Article 62.001(5)(A), (B), or (K).

Additionally, the law was updated in 2021 to include a new penalty enhancement for soliciting minors during school hours. This demonstrates the state’s commitment to addressing the issue of online solicitation of minors and protecting vulnerable individuals.

A Deeper Look Into Texas Penal Code §33.021 Statutes

The Texas Penal Code Section 33.021 is the legal backbone that defines the offense of online solicitation of a minor. This statute outlines the specific actions that constitute this crime, providing clarity on the prohibited behaviors and the corresponding penalties. For individuals accused of online solicitation of a minor, it’s essential to comprehend the nuances of this statute to mount an effective defense.

What Texas Criminal Statutes Cover

Texas Penal Code Section 33.021 delves into online solicitation of a minor through subsections (b) and (c), outlining the following:

Subsection (b): This section identifies an online solicitation offense as intentional communication through the Internet, using various platforms such as texts, emails, online message systems, or commercial online services. The communication must be sexually explicit or involve the distribution of sexually explicit material to a minor.
Subsection (c): Here, the statute defines an offense when an individual uses an internet-based communication method to knowingly solicit a minor. This solicitation intends to arrange a meeting with the minor or another individual, to engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

It’s crucial to note that for offenses under Section (c), individuals can be charged even if they did not physically meet the minor. The law encompasses the communication itself, regardless of whether a meeting occurred. Similarly, individuals can face charges even if they claim they had no intention of meeting the minor in person.

For immediate legal assistance or to learn more about your rights contact a lawyer for online solicitation of a minor in Houston at Scheiner Law Group today.

What Are The Punishments For Online Solicitation of a Minor in Houston, Texas?

Online solicitation of a minor is a serious felony offense in Texas, carrying substantial penalties that can impact every aspect of your life. If you find yourself facing allegations of this nature, understanding the potential punishments is crucial. In Houston, Texas, the consequences for online solicitation of a minor are severe, encompassing significant fines, imprisonment, and mandatory registration as a sex offender upon conviction.

Punishment Ranges for Online Solicitation of a Minor

Third-Degree Felony

Under Penal Code Section 33.021(b), individuals commit an offense by using the internet to communicate in a sexually explicit manner with a minor or distribute sexually explicit material to a minor. The term “sexually explicit” encompasses any communication, language, or material, including photographic or video images, that relates to or describes sexual conduct.

If the minor is 14 years or older, this offense is classified as a third-degree felony.

A conviction for a third-degree felony can result in a punishment range of 2 to 10 years in prison.

Second-Degree Felony

When online solicitation involves a minor under the age of 14, the offense escalates to a second-degree felony, carrying more severe penalties.

Under Penal Code Section 33.021(b), if the minor is under 14 years old, the offense is considered a second-degree felony.
A conviction for a second-degree felony can lead to a punishment range of 2 to 20 years in prison.

Solicitation to Meet with Minors

Additionally, under Section 33.021(c) of the Penal Code, individuals commit an offense by using the internet to knowingly solicit a minor to meet with the intent of engaging in sexual contact, sexual intercourse, or deviate sexual intercourse. This offense is classified as a second-degree felony, regardless of the minor’s age.

Defenses and Legal Considerations

It’s essential to note that there are limited statutory defenses available for online solicitation of a minor case in Texas. These defenses include:

Marriage: The minor was married to the individual with whom they were communicating.
Age Differential: The individual communicating with the minor was three years or less older than the minor.

However, it’s important to recognize that online solicitation is illegal in any circumstance involving an educator-student relationship, regardless of the age difference.

If you are being falsely accused of online solicitation of a minor in Houston, Texas, Scheiner Law Group can help. Contact our legal team today to learn more about Texas Laws and your rights.

Federal Online Solicitation of a Minor Charges in Texas

Federal law, specifically 18 U.S.C. 2422, expands the scope of online solicitation of a minor beyond state statutes. This law criminalizes knowingly coercing, enticing, inducing, or persuading individuals under 18 to engage in prostitution or any sexual activity.

Key Federal Offenses

Under federal law, it is illegal to:

Coerce Across State Lines: Persuading or inducing a minor to cross state lines for a meeting.
Interstate Travel for Sexual Purposes: Traveling across state lines with the intent to meet a minor for sexual activities.

Federal Sentencing Guidelines

Mandatory Minimums:

A conviction for online solicitation of a minor carries a mandatory minimum sentence of 10 years in federal prison. The same applies if one transports a minor for such purposes.

Enhanced Penalties for Interstate Offenses:

Up to 40 Years in Prison: Convictions for engaging in illicit sexual activities with minors.
Trafficking Charges: Involving minors under 14 can lead to 15 years to life imprisonment.

Post-Conviction Requirements

Sex Offender Registration:

Following the release, individuals must register as sex offenders, reporting to local law enforcement. Some cases may require lifelong registration with federal authorities.

“Online Solicitation of a Minor” vs “Criminal Solicitation of a Minor”

Understanding the difference between “Criminal Solicitation of a Minor” and “Online Solicitation of a Minor” is essential under Texas law, as they are distinct offenses found in separate sections of the Penal Code.

Criminal Solicitation of a Minor

This offense, categorized within the Inchoate Offense section, involves attempting to persuade or coerce a minor into sexual activity. Typically, this solicitation occurs in person, such as making direct advances to a minor on the street.

Online Solicitation of a Minor

Contrarily, Online Solicitation of a Minor is part of the Computer Crimes section. This occurs when someone uses the internet or electronic means to communicate with a minor in a sexually explicit manner or to arrange a meeting for sexual purposes.

Facing Both Charges

Yes, They Represent Separate Offenses

Individuals can face charges for both Criminal Solicitation of a Minor and Online Solicitation of a Minor. Each offense carries distinct legal consequences, highlighting the seriousness of these actions.

Legal Provisions

Section 32.021(g) of the Texas Penal Code allows for dual prosecution if conduct violates both statutes. This legal provision emphasizes the gravity of soliciting minors online while understanding these are distinct legal offenses.

No Double Jeopardy

Despite facing charges for both offenses, double jeopardy does not apply. Each offense has unique elements, making them separate crimes rather than lesser-included charges of one another.

Police Sting Operations in Houston, Texas

Differentiating between “Criminal Solicitation of a Minor” and “Online Solicitation of a Minor” can be unclear. These two offenses are separate in Texas law, each falling within distinct sections of the Penal Code.

Criminal Solicitation of a Minor:

This offense, classified in the Inchoate Offense section, involves attempting to persuade, entice, or coerce a minor into sexual activity. Typically, this solicitation occurs in person, outside of digital platforms. For example, making direct advances toward a minor on the street constitutes Criminal Solicitation of a Minor.

Online Solicitation of a Minor:

In contrast, Online Solicitation of a Minor falls under the Computer Crimes section. This occurs when someone uses the internet, electronic communications, or online services to communicate with a minor in a sexually explicit manner or to arrange a meeting for sexual purposes.

Possibility of Dual Charges:

Yes, They Are Distinct Offenses

Individuals can face charges for both Criminal Solicitation of a Minor and Online Solicitation of a Minor because they represent distinct criminal acts, each with its legal implications.

Legal Provisions:

Section 32.021(g) of the Texas Penal Code allows for prosecution under both statutes if conduct constitutes an offense under Online Solicitation of a Minor and another law. This provision underscores the gravity of such actions.

Consideration of Double Jeopardy:

Despite potential dual charges, double jeopardy does not apply. Since these offenses are distinct with unique elements, they are not considered lesser-included crimes of one another.

Can I Be Charged Even If I Never Met The “Child” I Allegedly Solicited?

The question often arises: Can you be charged with online solicitation of a minor without ever having met the minor in question? The answer is a resounding yes. This legal reality underscores the seriousness of engaging in inappropriate online interactions, even if they never materialize into physical meetings.

Sting Operations: The Undercover Approach

In many cases, individuals find themselves facing charges of online solicitation of a minor when the person they believed to be a minor was, in fact, an undercover law enforcement agent. These police sting operations are designed to catch individuals seeking out minors for illicit purposes.

The Effectiveness of Sting Operations

These operations have become a standard tool in law enforcement’s arsenal and are known for their effectiveness. A notable example is the 2016 sting operation in Montgomery County, where three dozen men were arrested for online solicitation of a minor. In some instances, additional charges were also brought forth.

Understanding the Dynamics

Belief vs. Reality: To be accused of this offense, the crucial factor is the defendant’s belief. The purported victim doesn’t need to be a minor. The mere belief that one is engaging with a minor is sufficient for charges to be filed.

If I Am Convicted Will I Have To Register As a Sex Offender?

If you find yourself facing charges of online solicitation of a minor, the consequences of a conviction are weighty. One of the significant repercussions is the requirement to register as a sex offender. Whether you choose to plead guilty, not guilty, or no contest, a conviction in your online solicitation case mandates registration on the sex offender list.

Implications of Guilty or No Contest Pleas

Even if you opt for a guilty or no contest plea, including a deferred adjudication plea, the obligation to register as a sex offender persists. In cases where deferred adjudication is granted, despite the absence of a trial or a verdict, sex offender registration remains a compulsory outcome.

What Are Possible Defenses Against Online Solicitation of a Minor in Houston, Texas?

When facing allegations of online solicitation of a minor, your legal defense is paramount in securing your rights and freedom. A seasoned Houston internet sex crimes lawyer will spearhead your defense strategy, aiming to pinpoint weaknesses in the prosecution’s case and cast doubt on their allegations.

Understanding Your Defense Options

In cases of online solicitation charges, several viable defense avenues can be explored to protect your rights:

1. Entrapment Defense

Entrapment arises when law enforcement induces individuals to commit crimes they would not have otherwise committed. While challenging, this defense hinges on proving that you lacked the predisposition for online solicitation.

2. Challenges to Evidence

A critical defense tactic involves scrutinizing the evidence presented against you. Your legal team will meticulously assess whether any evidence was unlawfully obtained, such as false witness statements, erroneous computer data, or improperly collected physical evidence. Ensuring the exclusion of such tainted evidence is crucial to your defense.

3. Lack of Knowledge of Minor’s Age

Prosecutors bear the burden of proving that you were aware of the minor’s age and intended to meet them. If you were unaware of the minor’s status or lacked the intent to engage in illegal activities such as sex with a minor in Houston, Texas, this defense can be pivotal.

4. Fantasy and Role-Playing

In the realm of online interactions, fantasy and role-playing scenarios are not uncommon. Some individuals engage in discussions that may seem inappropriate but are protected under the First Amendment. Your lawyer can explore whether your online conversations were part of consensual fantasy exchanges.

5. Specific Statutory Defenses

Under Section 33.021(c), certain statutory defenses may apply:

If the accused was married to the minor at the time of the alleged offense.
If the accused was within three years of the minor’s age and the minor consented.

Can Online Solicitation Be Protected Speech?

Constitutional challenges to online solicitation laws have emerged in recent legal battles. In 2015, a Texas district court found the law unconstitutional, citing violations of free speech. However, subsequent amendments have aimed to address these concerns.

Despite these amendments, convictions for online solicitation of a minor are still possible. Notably, amendments may not apply to cases filed before September 1, 2015. If constitutional grounds are a consideration, your defense attorney can assess the potential for a free-speech challenge.

False Accusations of Solicitation of a Minor Online in Texas

False accusations of online solicitation of a minor in Houston, Texas, can arise from various circumstances, casting a shadow of suspicion on innocent individuals. Houston sex offense lawyers at Scheiner Law Group recognize the severity of such allegations and are here to help you navigate this challenging terrain.

Common Reasons for False Accusations:

Mistaken Identity: In cases of mistaken identity, individuals may wrongfully attribute online communications to the accused.
Extortion or Ulterior Motives: Some accusations stem from extortion attempts or hidden motives, where the accuser seeks personal gain or retribution.
Mental Incapacity: Cases involving the mental incapacity of the accused can lead to misunderstandings or misinterpretations of online interactions.
Revenge or “Getting Even”: Accusations fueled by personal vendettas or a desire for retaliation can result in false claims of online solicitation.
Influence on Legal Proceedings: In custody or visitation battles, false accusations might be made to sway court decisions, affecting parental rights.
Consent Misunderstandings: Allegations may arise from misunderstandings of consensual interactions, leading to false charges.

Constitutional Challenges:

Notably, the Texas Court of Criminal Appeals has previously scrutinized aspects of Texas Penal Code Section 33.021 (2005), particularly regarding the definition of sexually explicit communications. Cases involving “fantasy sex talk” may intersect with First Amendment rights to free speech.

Contact Our Experienced Sex Offense Attorneys in Houston, Texas

At Scheiner Law Group, our dedicated team of experienced sex offense lawyers in Houston, Texas, is committed to fiercely defending your rights and safeguarding your reputation against false allegations of online solicitation of a minor. We understand the gravity of these charges and the profound impact they can have on your life. With our unwavering dedication to thorough investigation, strategic defense strategies, and tireless advocacy, we are here to stand by your side every step of the way.

Trust Scheiner Law Group to provide the legal guidance and representation you need to navigate these challenging times with confidence and determination.

Contact Scheiner Law Group today to schedule a consultation with a lawyer for sex charges in Houston and take the first step toward securing your defense against online solicitation charges.