A minor is anyone under 17 or an individual the person believes is under 17. There are two ways you can be charged with online solicitation of a minor in Texas.
Under Section 33.021(b), an adult commits online solicitation of a minor if he or she intentionally communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor. Sexually explicit means any language or material, photo, or video, that relates to or describes sexual conduct.
Under Section 33.021(c), a person also commits online solicitation of a minor if he or she knowingly solicits a minor to meet with the intent that the minor would engage in sexual contact. It is not a defense that the meeting did not occur.
PENALTIES Conviction of an online solicitation offense under Code 33.021 Subsection (b) is a third-degree felony in Texas. However, if the victim was under age 14 or the defendant believed the victim to be under age 14 at the time of the offense, then the offense is elevated to a second-degree felony.
Any individual convicted of a third-degree felony in Texas faces a fine of up to $10,000. They will also spend time in prison. For a second-degree felony, prison time is up to 20 years and no less than 2 years. A third-degree sentence carries a maximum of up to 10 years and no less than 2 years in prison.
Sex Offender Registration is required.
These are highly sensitive, fact-driven criminal cases with enormous stakes. They take tremendous skill, vast experience, dogged tenacity, and compassion.
The prosecutor needs to prove your guilt beyond a reasonable doubt.
Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Sugar Land, Texas 77478