An allegation of online solicitation of a minor under Texas law is not simply another criminal charge—it is an accusation that can permanently alter a person’s freedom, reputation, and relationships. The law is broad, covering both sexually explicit communications and the act of arranging a meeting with someone believed to be under the age of 17, even if no meeting ever occurs. These cases often arise from undercover operations, intercepted online messages, or digital evidence gathered from phones and computers. Anyone facing such an allegation should contact a sex crime attorney without delay to protect their rights, control the flow of information, and begin building a defense grounded in the facts and the law.
Texas Online Solicitation of a Minor Lawyer
Kevin Bennett strives to keep his clients informed through open and honest communication. Being charged with an offense of this nature is a scary time, and you deserve to know what is going on. Kevin Bennett personally handles every matter of your case.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a free consultation. Kevin Bennett represents clients throughout Travis County, including in Austin, Rollingwood, Lakeway and Sunset Valley.
In the following sections, The Law Office of Kevin Bennett explains what individuals need to know about this offense, including clarification of key offenses, important steps of the criminal case, and the role of the Austin online solicitation of minor lawyer in defending clients against this charge.
Overview of Online Solicitation of a Minor Charges in Texas
- Texas Laws on Online Solicitation of a Minor
- Key Factors a Jury Looks at in Online Solicitation of a Minor Cases
- Defenses to Online Solicitation of a Minor Charges in Texas
- Role of an Austin Online Solicitation of a Minor Attorney
- Frequently Asked Questions About Online Solicitation of a Minor in Texas
- Resources
Texas Laws on Online Solicitation of a Minor
Sexual Communication with a Minor Online — Under Texas Penal Code § 33.021(b), a person who is 17+ commits an offense if that person, over the internet, through email, text messaging, or another electronic messaging system, intentionally engages in sexually explicit communication with someone who is under 17 years old or whom they believe is under 17, and does so for purposes of committing certain sexual offenses listed in Article 62.001(5) of the Texas Code of Criminal Procedure. This includes sexual abuse of children or disabled individuals, sexual assault, incest, bestiality, promoting or forcing prostitution, child pornography, sexual performances by children, and certain types of human trafficking involving sexual exploitation, coercion, or minors.
The statute also applies when a person sends or distributes sexually explicit material to a minor under these same circumstances. “Sexually explicit” is defined to include language, images, or other material that relates to or describes sexual conduct as outlined in Texas Penal Code § 43.25. An offense under this subsection is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. However, if the minor is younger than 14, or is believed by the accused to be younger than 14, the offense becomes a second-degree felony, punishable by 2 to 20 years in prison and the same maximum fine.
Arranging to Meet a Minor for Sexual Activity — Texas Penal Code § 33.021(c) makes it a separate offense to knowingly solicit a minor over the internet, by electronic communication, or through a commercial online service to meet in person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the person or another individual. The statute explicitly states that it is not a defense that the meeting never occurred. The terms “sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” are defined in Texas Penal Code § 21.01. This offense is classified as a second-degree felony, carrying a punishment of 2 to 20 years in prison and a fine of up to $10,000.
Increased Penalties for Offenses at School —Texas Penal Code § 33.021 provides for enhanced punishment if the offense occurs during regular public or private primary or secondary school hours and the accused knew or reasonably should have known the minor was enrolled in such a school at the time. In that situation, the punishment is increased to the next higher category of offense.
Related Crimes under Texas and Federal Law — In addition to charges under § 33.021, the same conduct may also be prosecuted under related Texas or federal statutes. Texas Penal Code § 43.25 addresses sexual performance by a child, while § 43.26 covers possession or promotion of child pornography. At the federal level, 18 USC § 2251 criminalizes the sexual exploitation of children, including the use of a minor to create sexually explicit visual material. Prosecutors have discretion to bring charges under one or more of these laws depending on the circumstances, which can increase potential penalties.
Key Factors a Jury Looks at in Online Solicitation of a Minor Cases
Age of the Person Contacted — One major issue in these cases is whether the person contacted was under 17 years old or was represented as being under 17. Under Texas Penal Code § 33.021(a)(1), the law applies even if the individual was not actually under 17, as long as the accused believed they were.
Nature of the Communication — Another factor is whether the communication was “sexually explicit” as defined by Texas law. This can include descriptions, suggestions, or depictions of sexual conduct, including explicit photographs or videos.
Intent to Commit a Sexual Offense — The prosecution must prove that the defendant intended to commit one of the sexual offenses listed in Article 62.001(5)(A), (B), or (K) of the Texas Code of Criminal Procedure. This intent can be inferred from the context of the conversation, the language used, and any steps taken toward arranging a meeting.
Steps Taken Toward a Meeting — In cases involving solicitation to meet, jurors may consider evidence such as travel plans, directions given, or arrangements for a time and place to meet. Even if no meeting happened, proof that the accused took steps toward making the meeting occur can strengthen the prosecution’s case.
Defenses to Online Solicitation of a Minor Charges in Texas
The “Romeo and Juliet” Age-Gap Defense — Texas Penal Code § 33.021(e)(2) provides a statutory exception when the accused is not more than three years older than the minor and the minor consented to the conduct. This defense applies only if both the age gap and the consent requirement are met, and it cannot be used in cases where coercion, threats, or a larger age difference exists. In practice, this defense is most relevant in situations where two individuals are close in age and involved in a consensual relationship, but one is legally considered a minor.
Lack of Intent to Commit a Sexual Offense — A conviction under § 33.021(b) or (c) requires proof beyond a reasonable doubt that the accused intended to commit one of the sexual offenses listed in Article 62.001(5) of the Texas Code of Criminal Procedure. The defense may argue that conversations or communications were taken out of context, misinterpreted, or unrelated to any actual plan to engage in sexual conduct. For example, vague or non-sexual statements that prosecutors attempt to frame as sexual may be challenged through careful analysis of the language and surrounding circumstances.
Entrapment by Law Enforcement — Entrapment occurs when law enforcement induces a person to commit a crime that they were not otherwise predisposed to commit. In online solicitation cases, this often arises in undercover sting operations where an officer poses as a minor. The defense may present evidence that the accused initially resisted any sexual conversation, expressed disinterest, or was repeatedly pressured into making statements or agreements.
Mistaken Identity and Digital Evidence Issues — Digital evidence is central to online solicitation prosecutions, but it is not infallible. Messages can be fabricated, accounts can be hacked, and devices can be used by someone other than the accused. A defense strategy may involve forensic analysis to verify whether the accused actually authored the communications or whether the content was altered or incomplete.
Communication Not Meeting the Legal Definition of “Sexually Explicit” — Texas Penal Code § 33.021 incorporates the definition of “sexually explicit” from § 43.25, which requires the material or language to relate to sexual conduct. If the communications lack sexual descriptions, imagery, or requests that fit the statutory definition, the defense may argue that the state cannot prove this essential element.
Marriage to the Minor — Under Texas Penal Code § 33.021(e)(1), a valid legal marriage between the accused and the minor at the time of the alleged offense serves as a defense. This requires proof of a lawful marriage under Texas law or a comparable law in another jurisdiction. While rare in these cases, it remains a complete defense when applicable.
Role of an Austin Online Solicitation of a Minor Attorney
Thorough Review of Digital Evidence — The lawyer will carefully examine text messages, emails, social media activity, and chat logs the prosecution intends to use. This includes verifying authenticity, checking for altered or incomplete records, and challenging illegally obtained evidence.
Strategic Use of Legal Defenses — The attorney will apply defenses specific to Texas Penal Code § 33.021, such as lack of intent, mistaken identity, or qualifying under the age-gap exception. Every defense will be tailored to the client’s exact facts and circumstances.
Challenging Law Enforcement Conduct — If the arrest resulted from an undercover sting, the lawyer will evaluate whether police engaged in entrapment or used deceptive tactics that crossed legal boundaries, and will seek to have evidence excluded when misconduct is proven.
Aggressive Negotiations and Trial Representation — The attorney will negotiate with prosecutors for reduced charges or dismissal where possible, and when trial is necessary, will present a well-prepared, aggressive defense aimed at raising reasonable doubt and protecting the client’s future.
Frequently Asked Questions About Online Solicitation of a Minor in Texas
What is the penalty for online solicitation of a minor in Texas?
The penalty for online solicitation of a minor in Texas ranges from a third-degree felony to a second-degree felony, with possible prison terms of two to twenty years and fines up to $10,000 depending on the circumstances.
Can someone be charged with Texas online solicitation of a minor if no meeting took place?
Yes. Texas Penal Code § 33.021(d) makes it clear that a meeting does not need to occur. The offense focuses on the intent and solicitation itself, meaning the absence of an actual meeting does not prevent charges.
What if the alleged victim in a Texas online solicitation case was an adult pretending to be a minor?
Charges can still be filed. Texas law applies when the accused believes the person is under 17, even if the “minor” was an undercover officer or decoy, as long as intent to commit a sexual offense is proven.
Can Texas online solicitation of a minor charges be filed without sending sexual images?
Yes. A charge under Texas Penal Code § 33.021 does not require sending images. Sexually explicit language, proposals, or conversations alone can lead to prosecution if accompanied by intent to commit an offense listed in Article 62.001.
Does a conviction for Texas online solicitation of a minor require proof of intent?
Yes. The prosecution must prove the accused intended to commit one of the sexual offenses listed in Article 62.001(5). Without sufficient evidence of this intent, a conviction for online solicitation of a minor cannot be legally sustained.
Is there an age-gap defense to Texas online solicitation of a minor charges?
Yes. Texas Penal Code § 33.021(e)(2) allows a defense if the accused is no more than three years older than the minor and the minor consented. This narrow exception is often called the “Romeo and Juliet” defense.
What is the difference between Texas online solicitation of a minor and federal charges?
Texas law applies to sexual communication or solicitation involving someone under 17. Federal law, like 18 USC § 2251, often involves interstate or foreign commerce. Conduct may violate both, leading to possible prosecution in state and federal court.
Can someone face both state and federal charges for online solicitation of a minor?
Yes. Conduct that violates Texas Penal Code § 33.021 can also violate federal law. Prosecutors in both jurisdictions may pursue charges, potentially increasing penalties and creating a more complex criminal defense situation for the accused individual.
Does a Texas online solicitation of a minor conviction require sex offender registration?
Yes. A conviction under Texas Penal Code § 33.021 is a reportable offense under Article 62.001 of the Texas Code of Criminal Procedure, requiring sex offender registration that can carry long-term social, professional, and personal consequences.
Can Texas online solicitation of a minor charges be reduced or dismissed?
In some cases, these charges can be reduced or dismissed through legal defenses, evidentiary challenges, or plea negotiations. Outcomes depend on case facts, quality of defense representation, and the prosecution’s ability to prove each legal element.
Resources
Texas Penal Code § 33.021 — Online Solicitation of a Minor — This section of the Texas Penal Code explains the legal definition and criminal penalties for online solicitation of a minor. It defines key terms, describes prohibited conduct, outlines possible defenses, and specifies punishment levels based on the minor’s age. It also covers circumstances that can increase penalties and clarifies that offenders may be prosecuted under this statute, other applicable laws, or both.
City of Austin — Report an Information Security Incident or Concern — This City of Austin webpage explains how to report cybersecurity issues, such as spam, phishing, or other suspicious online activity. It provides contact information for the Computer Security Incident Response Team and outlines the responsibilities of the city’s Information Security Office.
Texas Attorney General — Cyber Crimes — This section of the Texas Attorney General’s website lists press releases and news related to cyber crimes. It highlights investigations, arrests, and enforcement actions, particularly in cases involving online solicitation of a minor, child pornography, and sexual exploitation. It provides examples of cases handled by the Child Exploitation Unit and other divisions of the Attorney General’s office.
18 USC § 2251 — Sexual Exploitation of Children — This section of the U.S. Code outlines the federal crime of sexual exploitation of children. It describes prohibited acts, penalties, and related provisions. It includes definitions, sentencing guidelines, and legislative findings on the harm caused by child pornography and sexual exploitation, as well as references to related federal statutes.
FBI — Sextortion: A Growing Threat Targeting Minors — This FBI resource warns about sextortion crimes involving minors. It explains how offenders coerce victims into producing sexually explicit material and use threats to obtain more or to demand money. It includes statistics, common methods used by offenders, and guidance on reporting incidents to law enforcement.
Representing Those Accused of Online Solicitation of a Minor in Travis County
If you have been accused of Online Solicitation of a Minor, you can fight the charges and avoid the severe penalties. Kevin Bennett, an experienced Austin criminal lawyer is proud to represent those in Travis County who face charges of sex offenses. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.
