Defending Against Online Solicitation Charges in Texas
If you have been accused of Online Solicitation of a Minor in Texas, you are facing serious felony charges that could result in prison time, a permanent criminal record, and mandatory sex offender registration.
These cases often arise from sting operations, misunderstandings, or misinterpretations of online conversations. Board Certified Criminal Defense Attorney Grant Scheiner has extensive trial experience defending individuals accused of internet solicitation offenses. His legal team will aggressively challenge the prosecution’s case, expose weaknesses in the evidence, and fight for the best possible outcome.
Call 713-783-8998 now for a confidential case review
What is Online Solicitation of a Minor?
The charge of Online Solicitation of a Minor—sometimes referred to as “cyber-stalking” or “internet solicitation”—typically involves allegations that an adult engaged in sexually explicit online communication with a minor or attempted to arrange an in-person meeting for illegal purposes.
Common scenarios include:
✔ Law Enforcement Sting Operations – Police officers posing as minors engage in online conversations to lure individuals into criminal charges.
✔ Third-Party Discoveries – Parents, guardians, or other adults discover inappropriate messages on a minor’s phone or computer and report them to law enforcement.
✔ Distribution of Explicit Material – The accused is alleged to have sent sexually explicit messages, photos, or videos to a minor.
These cases often lack direct physical evidence, and the prosecution relies heavily on digital communications, undercover operations, and forensic computer analysis.
Texas Penalties for Online Solicitation of a Minor
Under Texas Penal Code § 33.021, Online Solicitation of a Minor is classified as either a Third-Degree Felony or a Second-Degree Felony, depending on the circumstances.
Third-Degree Felony
✔ 2 to 10 years in prison
✔ Up to a $10,000 fine
✔ Mandatory 10-year Sex Offender registration
A person who is 17 or older commits a Third-Degree Felony if they:
✔ Engage in sexually explicit communication with a minor over the internet, email, text message, or an online service.
✔ Distribute sexually explicit material to a minor.
Second-Degree Felony (Enhanced Punishment)
✔ 2 to 20 years in prison
✔ Up to a $10,000 fine
✔ Mandatory 10-year Sex Offender registration
The charge is upgraded to a Second-Degree Felony if:
✔ The minor is under 14 years old (or the accused believed the minor was under 14).
✔ The accused. Over the Internet, by electronic mail or test message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person
No Defense for “Fantasy” or Lack of Intent
It is typically not a defense to prosecution that:
✔ The meeting never occurred.
✔ The accused never actually intended for the meeting to occur.
✔ The accused was merely engaged in a fantasy or role-playing scenario (although, this can be a murky scenario depending on the facts.
Defenses to Online Solicitation of a Minor
✔ Entrapment – Law enforcement cannot induce a crime that the accused would not have otherwise committed. Undercover operations must follow strict legal guidelines.
✔ Lack of Intent – The prosecution must prove the accused knowingly engaged in illegal communications. If the messages were taken out of context, or the accused lacked criminal intent, this can be a strong defense.
✔ False Identity or Hacked Accounts – If someone used the accused’s account or impersonated them, this could lead to wrongful accusations.
✔ Age Exception – It is a defense to prosecution if:
- The accused was married to the minor at the time.
- The accused was not more than three years older than the minor, and the minor consented to the communication.
Why These Cases Require an Aggressive Defense
✔ Online communications are often misinterpreted.
✔ Law enforcement sting operations can use misleading tactics.
✔ Forensic evidence and IP addresses are not always reliable.
If you are under investigation or have been charged, contact Scheiner Law Group immediately to start building a strong defense.
Call 713-783-8998 now for an immediate legal consultation
Why You Need an Experienced Defense Attorney
✔ Do NOT speak to law enforcement. Anything you say can and will be used against you.
✔ Do NOT attempt to delete messages or erase evidence. This can be misinterpreted as evidence tampering.
✔ Do NOT discuss your case with anyone except your attorney.
At Scheiner Law Group, P.C., we will:
✔ Investigate every detail of the case for weaknesses in the prosecution’s argument.
✔ Challenge unconstitutional police tactics, entrapment, and unreliable digital evidence.
✔ Negotiate for dismissals, reduced charges, or alternative sentencing when applicable.
Protect Your Reputation & Your Future
If you are convicted of Online Solicitation of a Minor, you could face:
✔ Years in prison
✔ Permanent felony record
✔ Mandatory Sex Offender registration
✔ Loss of employment, professional licenses, and educational opportunities
Even an accusation alone can damage your reputation.
At Scheiner Law Group, P.C., we aggressively defend clients facing these charges and will fight to clear your name.
Call 713-783-8998 now for a confidential consultation
Why Choose Scheiner Law Group, P.C.?
✔ Decades of experience defending serious felony cases
✔ Board Certified Criminal Defense Attorney Grant Scheiner
✔ Strategic, aggressive defense for internet-related cases
✔ Proven success in high-stakes sex crime trials
Your reputation, freedom, and future are on the line. Let us build your strongest defense today.
Call 713-783-8998 now to speak with an attorney