Both offline and online, solicitation of a minor is a felony in Texas. Conviction of offline and online solicitation of a minor has serious consequences including jail time, fines, and lifetime inclusion on the Texas Sex Offender Registry. If you’ve been accused of solicitation of a minor, you need Plano’s most aggressive sex crime attorney fighting for your rights. This is especially true if you were caught soliciting a minor or as part of a sting operation. Call the Wilder Law Firm right away.
In Texas, solicitation of a minor is a charge that applies to any pursuit of sexual activity with a minor, including online requests for child pornography. Note that solicitation can include—but is not the same as—hiring an underage prostitute. Even as you research the charges of offline or online solicitation of a minor in Texas, the prosecution is actively building their case against you.
Texas Penal Code Section 33.021 defines both online solicitation of a minor and offline solicitation. An adult is soliciting a minor if he or she, “intentionally communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor.”
Solicitation of a minor occurs when an adult “knowingly solicits a minor to meet with the intent that the minor would engage in sexual contact, sexual intercourse or deviate sexual intercourse.”
In Texas, offline and online solicitation of a minor is a third-degree felony. Charges for solicitation of a minor may come with jail time in Texas. If convicted, you’ll be facing a minimum prison sentence of 2-10 years, a maximum fine of $10,000, and placement on the Texas Sex Offender Registry.
If the minor you’re accused of soliciting was under the age of 14, your charges will be upgraded to a second-degree felony, punishable by a 2-20 year prison sentence, a maximum fine of $10,000, and a lifetime placement on the Texas Sex Offender Registry.
Because Texas police often use sting operations to catch and accuse people of solicitation, the prosecution usually has plenty of evidence to use against the accused.
The two main defenses to solicitation outlined in Texas Penal Code Section 33.021(b) include:
Aside from the two former common defenses, the unique subtleties of each case can be used to influence the final outcome of your case. While online sting operations may make it easy for prosecutors to collect evidence and prove guilt, the specific factors of your life and case can be used to influence sentencing.