Online solicitation of a minor is charged as a third-degree felony criminal offense in Texas. If convicted, a perpetrator could face 2 to 10 years in prison and/or payment of a fine of up to $10,000. Only a person who is 17 years old or older can be charged and convicted of this crime.
If the minor victim is under 14 years old or the perpetrator believed they were under 14, it is a second-degree felony. The punishment for conviction of a second-degree felony is 2 to 20 years in prison and/or payment of a fine of up to $10,000.
In addition, a conviction results in the person convicted having a criminal record. A person convicted of online solicitation of a minor in Texas could also face the following consequences:
- Limitations on the professions they can pursue because they may not be eligible for licenses or certifications;
- Inability to receive government assistance;
- An inability to enroll in certain educational institutions;
- Loss of the right to own a firearm;
- Loss of the right to vote.
The statute of limitations for felony online solicitation of a minor in Texas is 3 years.
What Is “Solicitation”?
Solicitation is asking, commanding, hiring, or encouraging a person to commit a crime. It is considered an online solicitation of a minor in Texas when someone uses the Internet to arrange an offline meeting to engage in sexual conduct.
How Does Texas Define “Minor”?
Anyone person under the age of 17 who has never been married and never been declared an adult by a court, e.g., in an emancipation action, is considered a minor for the purposes of this law in Texas. In addition, anyone who is believed to be 17 or younger by the perpetrator can be a “minor” within the meaning of the statute..
This is because the Texas age of consent is 17 years old. Under Texas law, individuals who are 17 or older can legally consent to sexual activity.
An arrest under this statute almost always occurs as a result of a law enforcement sting operation involving an undercover officer posing as a child. In recent years, law enforcement officers have become much better at collecting evidence against an accused using these sting operations.
In addition, the statute has been designed to eliminate some of the most common explanations offered by the accused to show that they had no intention of meeting the minor and carrying out any act in reality.
Does Online Solicitation Include Sending Sexually Explicit Pictures?
Sexual contact with a minor, deviant sexual intercourse, or sexual intercourse are all prohibited under this law. It also prohibits any communication, material, or language related to sexual conduct. Examples include the following:
- Video images;
- Verbal descriptions of sexual conduct;
- Photographic images.
So, yes, online solicitation includes sending sexually explicit pictures.
I Did Not Solicit Anyone on the Internet, So Why Am I Charged with This Crime?
The criminal solicitation does not have to take place only via the Internet. An individual can be charged with online solicitation if the communication is made through the following means:
- Text messages sent via a cell phone;
- Electronic mail;
- Electronic messaging service/system;
- An online commercial service.
A person may use any one of these means to knowingly solicit a minor to meet them or even another person with the intent of having the minor engage in sexual contact or conduct. If so, this constitutes the crime of online solicitation of a minor. A person of any age can be charged with and convicted of this crime.
Is It a Defense if I Did Not Intend Any Meeting to Take Place in Fact?
It is not a defense for the perpetrator to claim that they did not plan for any meeting with a minor to happen. Likewise, the following are not defenses:
- The meeting did not take place;
- The “victim” was not 17 years old or younger;
- The perpetrator was partaking in a fantasy at the time the crime occurred.
The crime is the act of solicitation.
What Are Defenses to Online Solicitation in Texas?
There are defenses to the charge of online solicitation of a minor online. Marriage between the minor and the perpetrator is one defense. Another defense is if there was a difference of three years or less in age between the perpetrator and the minor and the minor consented to the contact between them.
It is not a defense to the charge of online solicitation of a minor if:
- The perpetrator did not intend for the meeting to take place;
- There was no meeting; or
- At the time of the offense, the perpetrator was immersed in fantasy.
Do the Police Engage in Sting Operations for Solicitation of a Minor?
Many of these sting operations involve adults talking in chat rooms with people they believe are consenting adults. However, the other party to the conversation might be an employee of a local, state, or federal law enforcement agency. At some point, the other person mentions being a minor. Some of the people arrested for online solicitation of a minor, in fact, have not intended to have sex or solicit sexual contact with a child.
Other times, officers aggressively target a person to convince them to commit a crime they are not predisposed to commit. People who end up charged under these circumstances may claim the defense of entrapment.
Challenges to the Constitutionality of the Statute
Texas lawmakers drafted the online solicitation statute very broadly. It has been challenged on several constitutional grounds. Criminal defense attorneys can challenge the statute’s constitutionality by attacking it as applied to a specific alleged perpetrator or on its face.
Many of the issues with the statute’s constitutionality have to do with the elimination of factors showing no intent to solicit a minor. Subsection (d) of the § 33.021 states that it is not a defense to prosecution under subsection (c) that either:
- The meeting did not occur;
- The perpetrator never intended for the meeting to occur;
- The perpetrator was simply engaged in a fantasy at the time of the commission of the offense.
The purpose of the statute is to criminalize “the conduct of an adult, who, with the intent to arouse or gratify the sexual desire of any person, uses an electronic message or online service to intentionally communicate in a sexually explicit manner with or distribute sexually explicit materials to a minor,” according to Texas Penal Code.
The purpose of the statute was to allow law enforcement officers to investigate and arrest sexual predators while they were engaged in grooming the child but before they actually injured them. Because the statute is so broad, innocent people can be caught up in sting operations. It may be important to challenge the statute on its face and as applied when prosecutors use the broad language of the statute to prosecute an innocent person.
Do I Have to Register as a Sex Offender if I Have Been Convicted of Soliciting a Minor Online?
If a person is charged under Section (b) of this statute, the offense is a third-degree felony unless the minor is under the age of 14. If the accused person believed the person they talked to was under 14, the penalty is enhanced to a second-degree felony. Under Section (c), the penalty is a second-degree felony.
Even if a person pleads guilty or no contest to online solicitation of a minor, they are required to register as a sex offender after being convicted. Even deferred adjudication plea bargains require the person to register as a sex offender.
If I Am a Minor, Can I Be Charged?
The first section of the statute specifically mentions an offense for those over 17 years old, but the second section does not mention age. The second section has no specific age limit, so all ages are presumed to be covered and can be charged with the offense.
Should I Talk to a Lawyer About Other Possible Defenses Available to Me?
If you have been charged with online solicitation of a minor, you want to consult a local criminal attorney in Texas. LegalMatch.com can connect you to a lawyer to evaluate your case and let you know what possible defenses are available to you. They can also discuss any possible reduction or dismissal of this criminal charge.
