AGGRESSIVE, INNOVATIVE & PERSONALIZED DEFENSE Serving Clients in Collin, Dallas, Denton, Tarrant Counties and All of North Texas

Online Solicitation of a Minor Defense Lawyer

Serving Accused Clients in Collin, Dallas & Tarrant Counties

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.

Dial (214) 855-7737 or contact us online to schedule your free consultation with our Plano criminal defense lawyer.

Get Started on Your Defense Immediately

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.

Defining Offline & Online Solicitation of a Minor in Texas

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.”

Punishments for Solicitation of a Minor

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.

Defense Options for Online Solicitation of a Minor in Texas

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:

  • Age difference between the victim and the accused was less than 3 years: The “Romeo and Juliet” laws that apply to statutory rape also apply to solicitation of a minor, specifying that if the minor is at least 14 years old at the time of the alleged offense and the accused is less than three years older than them, then, so long as the interaction is consensual, it is also legal. In other words, so long as the interaction is consensual, a 16-year-old can legally solicit a 14-year-old. To be clear, consent is irrelevant if the victim is younger than 17 years old and you are more than three years their senior. Even if the minor consented to the activity, you can still be found guilty of solicitation.
  • The accused is/was married to the minor: Although an uncommon scenario, Texas law does exempt cases of solicitation when the couple is/was married at the time of the alleged offense. In the state of Texas, anyone aged 14 and older can legally marry so long as they have parental consent to the union. If it can be proven that you and the alleged victim were legally married, then you could not be found guilty of solicitation.

Each Case Is Unique

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.

Get started on your case right away. Dial (214) 855-7737 to schedule a free consultation with the Wilder Law Firm.

Our Commitment

  • CORRESPONDENCE

    Notification of all Court settings and updates in writing, as well as assistance preparing for your DWI court appearance.

  • THOROUGH INVESTIGATION

    A full investigation will be conducted into all the facts of your case. Our goal is to develop the best possible defense for your case.

  • PHONE CALLS

    All calls will be returned by a member of our firm by the end of the next business day. You will also have immediate call or text access with us.

  • TRIAL CONFERENCE

    A trial conference will be conducted in our office to ensure that we can properly & effectively discuss the facts of your case.