Texas Online Solicitation of a Minor Defense Lawyers

What Is Online Solicitation of a Minor?

Texas Penal Code §33.021 makes it a crime for a person 17 years of age or older to intentionally or knowingly communicate in a sexually explicit manner with a minor, or to distribute sexually explicit material to a minor, by means of the internet, text message, or any other electronic messaging service.

The statute creates several distinct offenses with dramatically different penalties:

Sexually Explicit Communication with a Minor Under 17

• Third-degree felony
• 2 to 10 years in prison
• Fine of up to $10,000
• Sex offender registration

Solicitation to Meet a Minor Under 17 for Sexual Contact

• Second-degree felony
• 2 to 20 years in prison
• Fine of up to $10,000
• Sex offender registration

Solicitation to Meet a Minor Under 14 for Sexual Contact

• First-degree felony
• 5 to 99 years or life in prison
• Fine of up to $10,000
• Lifetime sex offender registration

Sting Operations: How They Work

The majority of online solicitation arrests in Texas result from law enforcement sting operations. Undercover officers create profiles on dating apps, social media platforms, websites, and chat rooms posing as minors. They engage in conversations with adults, and if the conversation turns sexual or the adult agrees to meet for sexual purposes, an arrest is made, often when the individual arrives at the arranged meeting location.

It is important to understand: the “minor” in these cases is not a real child. The person on the other end of the conversation is a law enforcement officer or civilian operative working under law enforcement direction. Texas courts have consistently upheld convictions in sting cases, holding that the defendant’s belief that they were communicating with a minor is sufficient, regardless of the actual identity of the other party.