Online Solicitation of a Minor Charges in Texas

Here in Texas, online solicitation of a minor charges are among the most aggressively prosecuted sex crimes in the state of Texas, along with sexual assault of a minor. So today I want to give interested parties and individuals facing these charges a detailed and readable breakdown of the law, defining exactly what the statute prohibits, laying out the penalties, and exploring some defense strategies.

Is online solicitation of a minor a specific charge under Texas law?

Yes. Unlike some charges that are “assembled” from multiple statutes, online solicitation of a minor is its own named offense under § 33.021 of the Texas Penal Code.¹

Individuals who are convicted of online solicitation of a minor charges in the state of Texas face up to 20 years in prison, steep fines, and mandatory sex offender registration.

Legal language can be dense and challenging to read, but I need you to see what the Texas Penal Code actually prohibits, condensed here for readability. An individual commits an offense if, over the internet, by email or text message or other electronic messaging service, the individual:

“intentionally communicates in a sexually explicit manner with a minor, or distributes sexually explicit material to a minor, with the intent to commit one of a short list of serious sexual offenses,² or

knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.”³

If you go back and read it through, you’ll notice that there are two ways to earn a charge: sexually explicit communication or soliciting a meeting. I should note that these are distinct actions, but not mutually exclusive. An individual who is accused of doing both is going to face charges for both.

I’ll explain how that works in a moment.

The definition of “minor” comes with some fine print that deserves attention.

“Minor” means a person younger than 17, or a person the accused believed to be younger than 17.¹

Did you get that?

It doesn’t matter if the alleged victim is 17, 18, 19, or 25. The “minor” could be a 42-year-old man sitting behind a computer. What matters is the individual’s belief that the person on the other end was under the age of 17 at the time of the alleged offense.

These kinds of legal technicalities that don't really make sense unless you're a lawyer also apply to illegal depiction of a minor charges, so read that article if you're interested.

Charges alleging sexually explicit communication with a minor require proof of intent.

If we look at the language of the statute, it says “communicates in a sexually explicit manner with a minor.” Charges of this nature require proof of intent. In other words, charges pass muster only if it is clear that an individual intended to commit a further sexual offense. Intent is an element, and the state carries the burden of proving it.

If an individual asks a minor to meet them for nefarious purposes, asking is enough.

Again, we have to look at the text closely. It reads “...solicits a minor to meet.” That means it is unlikely that we’d be able to build a viable defense on the basis that an individual did not, in fact, meet with the alleged victim.

Whether or not a meeting actually happened is irrelevant.⁴ So, this time we’re looking at fine print that cuts against accused individuals. Meeting or no meeting, what sticks is “solicits.”

Charges start at a third-degree felony.

An individual convicted of online solicitation of a minor in Texas will face a third-degree felony if they “only” communicated in a sexually explicit manner or distributed sexually explicit material to a minor.⁵ That means 2 to 10 years in state prison and a fine of up to $10,000.

How does a third-degree felony charge turn into a second-degree charge?

It comes down to two factors:

Whether an individual solicits a meeting
The age of the alleged victim

Let’s get to the meeting first. Once an individual solicits a minor to meet him or another individual in real life, the charge becomes a second-degree felony.⁵

Now, age. If the person being messaged is under 14, or the accused individual believed they were under 14, the charge also elevates to a second-degree felony.⁵

Notice the wording. It’s about what the accused believed, not just the alleged victim’s actual age. “They were actually 18 but only pretending to be 13” is not a valid argument.

For a second-degree felony, prison time is no less than 2 years and up to 20 years.

Note: In Texas, felony grading runs opposite to what you might expect. The lower the number, the worse the offense. That’s why a second-degree felony conviction carries more prison time than a third-degree felony conviction.

“School hours” also bump up the charges.

Texas law includes an automatic penalty upgrade to the next higher category of felony if the communication happened during regular school hours, and the accused knew, or reasonably should have known, that the alleged victim was enrolled in a public or private school.⁶ That would mean a third-degree felony jumps to the second degree.

However, if the charge was already a second-degree felony, the “school hours” enhancement pushes the case to a first-degree felony. First-degree felonies carry a sentence of 5 to 99 years or life in prison.

There are other penalties besides prison.

Convictions follow individuals long after the sentence is served. Three consequences stand out:

Mandatory sex offender registration, possibly for life.
Strict residency restrictions, such as being unable to live within 500 (or more) feet of places where children gather.
Loss of professional licenses and restriction from a range of careers.

With stakes this high, it’s crucial to fight online solicitation charges with professional help.

The Texas statute names two specific defenses.

Section 33.021 recognizes two circumstances that defeat the charge outright.⁷

The first is often called the “Romeo and Juliet” provision. If the accused was not more than three years older than the minor, and the minor consented to the conduct, the statute provides a defense.

The second is marriage. In the unlikely event that the accused was married to the minor at the time, the law also provides a defense.

Meeting in person brings separate charges.

Physically showing up in person after online solicitation has taken place brings its own, more serious, charges. The exact charge will depend on what transpires but could include indecency with a child, attempted sexual assault of a child, or attempted aggravated sexual assault of a child. And if sexual contact does occur, the “attempted” part will be removed.

Texas law enforcement is vigilant about online solicitation.

City-, county-, and state-level police are always on the lookout for these kinds of cases. Law enforcement also partners with national organizations like the National Center for Missing & Exploited Children, which operates a CyberTipline to monitor potential incidents.

Here’s what Collin County District Attorney Greg Willis said after a recent conviction:

“We will continue to use every tool available to protect our children from online exploitation.”⁸ — Collin County District Attorney Greg Willis

How can individuals fight online solicitation of a minor charges in Texas?

To fight online solicitation of a minor charges in Texas, an attorney can challenge the prosecution’s case by:

Demonstrating a lack of criminal intent.
Challenging the authenticity of chat logs.
Contesting whether law enforcement had the proper search warrants.
Arguing entrapment if law enforcement used excessive manipulation.

So far, we’ve talked about the damage a conviction can cause. But I don’t want to give the wrong impression. It is possible to fight these charges successfully, and it usually comes down to one of the above four strategies.

1. Lack of criminal intent

Not every text message or email that initially looks damning is a crime. An attorney can argue that communications were misunderstood or taken out of context. Remember, intent is an element of this offense. If there was never a genuine intent to solicit a minor or interact with them in a sexual manner, the state cannot meet its burden of proof.

2. False chat logs

A lawyer can conduct a forensic audit that may expose gaps or alterations in chat logs that prove the suspect did not actually send the messages in question.

3. Lack of proper warrants

There are strict rules that police must follow about how they collect evidence. If law enforcement, for example, searched a phone without the correct warrant, that critical data can be thrown out of court.

4. Entrapment

Sometimes, undercover law enforcement officers or decoys cross the line. They are allowed to provide an opportunity for an individual to commit a crime, but they can’t use pressure to convince someone to do something they otherwise wouldn’t have. Once that line is crossed, charges can be dismissed.

What should you do if you’re charged with online solicitation of a minor?

If you are charged or questioned, don’t talk to the police.

Let me say that again: Don’t talk to the police.

Instead, invoke your right to remain silent and then contact a lawyer as soon as possible. Most likely, police will try to get you to talk by telling you they can help you, or saying it’s to your advantage to confess. These are both lies.

So, invoke your right to speak to a lawyer, and then wait for them to arrive. Until then, stay quiet.

Facing online solicitation of a minor charges in Texas? Call Gold Legal now.

Gold Legal, PLLC will fight tirelessly to get online solicitation of a minor charges, and charges associated with other sex crimes, dismissed or secure an acquittal at trial.

If you or someone you know is under investigation for online solicitation of a minor in Texas, you can’t afford to wait. The state is already building its case.Contact Gold Legal, PLLC today.

Kandi Gilder, Attorney at Law
Founder
Gold Legal, PLLC

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