A single conversation that takes you into custody requires a fair review of your case. Online solicitation charges in Texas carry felony exposure starting at two years in prison and mandatory sex offender registration upon conviction.
A Texas online solicitation of a minor lawyer can help you understand exactly what you’re facing and what comes next. The Law Offices of Richard C. McConathy provide 24/7 access to Richard McConathy directly, not a rotating team of paralegals. Our offices have handled more than 6,000 criminal cases and 1,000 dismissals statewide.
Call (972) 233-5700 to have your case evaluated.
How The Law Offices of Richard C. McConathy Handle Solicitation of a Minor Cases
Our firm gives every online solicitation client personalized attention and direct access to Richard McConathy from the very first phone call. These cases almost always hinge on specific chat logs and text messages; our firm reviews your case individually before moving forward.
The Law Offices of Richard C. McConathy have represented clients in more than 6,000 criminal cases and secured over 1,000 case dismissals throughout Dallas, Collin, Denton, and Tarrant Counties, along with clients statewide. That experience shapes how the firm evaluates sting operation evidence, since most online solicitation arrests in Texas come from undercover law enforcement rather than an actual minor.
The firm’s related work defending clients accused of child sexual abuse offenses informs how solicitation cases get handled from intake through trial. Clients reach the firm 24 hours a day, seven days a week, since these arrests frequently happen unexpectedly at a meeting location set up during a sting.
What Is Online Solicitation of a Minor Under Texas Law?
Online solicitation of a minor under Texas law covers two separate types of conduct defined in Tex. Penal Code § 33.021. Both involve using electronic communication, but they carry different elements and different felony levels.
Subsection (b) criminalizes sending sexually explicit communication or material to a minor over the internet, text message, or other electronic service. Subsection (c) criminalizes soliciting a minor to meet, using the internet or electronic messaging, with intent that sexual contact will occur.
Why the Meeting Does Not Have to Happen
A charge under subsection (c) does not require that the meeting actually took place. The statute specifically states that whether the meeting occurred is not a defense, which means an arrest can happen the moment someone travels to an agreed location.
Online Solicitation Penalty Levels in Texas
Offense Type | Governing Subsection | Felony Level | Prison Range |
Sexually explicit communication with a minor 14 or older | Tex. Penal Code § 33.021(b) | Third-degree felony | 2 to 10 years |
Sexually explicit communication with a minor under 14 | Tex. Penal Code § 33.021(b) | Second-degree felony | 2 to 20 years |
Soliciting a minor to meet for sexual contact | Tex. Penal Code § 33.021(c) | Second-degree felony | 2 to 20 years |
Any offense committed during school hours with knowledge of minor status | Tex. Penal Code § 33.021(f-1) | Enhanced by one felony degree | Varies by base offense |
Does the Minor Have to Be Real for a Solicitation Charge in Texas?
No, Texas law allows prosecution even when the alleged minor was an undercover officer or a fictional persona created by law enforcement. This is why the vast majority of online solicitation cases in Texas begin with a sting operation rather than an actual child.
Understanding how these operations work matters for building a defense.
- An officer poses as a minor on a dating app, social media platform, or messaging service.
- The officer waits for the target to initiate or escalate sexually explicit conversation.
- The conversation gets steered toward arranging an in-person meeting.
- Law enforcement arrests the target upon arrival at the agreed location.
- Every message exchanged during the operation becomes part of the state’s evidence.
These chat logs become the entire case in most sting-based prosecutions. Reviewing exactly who initiated each part of the conversation and what the defendant actually believed about the other person’s age often determines how a defense gets built.
What Defenses Apply to a Texas Online Solicitation Charge?
Several defense strategies apply to online solicitation charges, and the right one depends heavily on how the specific conversation unfolded. The statute itself recognizes only two affirmative defenses, but other defense arguments exist outside the statute as well.
Defense approaches the firm evaluates in these cases include the following.
- Raising the statutory affirmative defense that the accused was married to the minor at the time.
- Raising the statutory affirmative defense that the accused was not more than three years older than the minor and the minor consented.
- Challenging whether the accused actually believed they were communicating with a minor.
- Raising entrapment when law enforcement induced conduct the accused would not have otherwise engaged in.
- Contesting whether the state can prove intent under subsection (c), separate from the communication itself.
Each of these defenses requires specific evidence from the chat logs, messages, or circumstances of the arrest. The firm reviews the full communication history before recommending which defense actually fits a given case.
Has Section 33.021 Faced Constitutional Challenges in Texas?
Yes, the Texas Court of Criminal Appeals struck down the original version of subsection (b) in 2013, finding it unconstitutionally overbroad under the First Amendment. The Texas Legislature rewrote the statute in 2015 to address that ruling, and the current version has withstood further constitutional challenges since then.
This history matters because older cases charged under the original statute may carry different legal considerations than cases charged under the current law. The firm reviews when the alleged conduct occurred and which version of the statute applies before building a defense strategy.
What Happens After an Online Solicitation Arrest in Texas?
An online solicitation arrest in Texas typically moves through booking, arraignment, and a review of digital communication evidence before the case reaches trial or a negotiated resolution. Each stage creates a specific opportunity to challenge the state’s case.
Getting an attorney involved early gives the accused more control over how the case develops.
- Booking and arraignment, where the charge and bail conditions get established.
- Digital evidence review, since chat logs and messages form the core of most prosecutions.
- Discovery, where the defense reviews the complete communication record the state intends to use.
- Pretrial motions, including challenges to how the sting operation was conducted.
- Trial or negotiated resolution, depending on the strength of the evidence on both sides.
The earliest days after an arrest often determine what options remain available later. Evidence tied to a specific conversation is strongest and most reviewable right after the arrest occurs.
Ask The Law Offices of Richard C. McConathy
Yes, the firm answers calls 24 hours a day, seven days a week, since these arrests often happen at unexpected times and locations. Reaching out right away gives the firm the chance to review the chat logs before the state's narrative takes hold.
Clients work directly with Richard McConathy personally throughout their case, not a rotating team of junior staff. That direct access holds across the firm's full history of more than 6,000 criminal cases handled statewide.
Yes, the firm has secured more than 1,000 case dismissals across Dallas, Collin, Denton, and Tarrant Counties, including cases built on undercover sting evidence. That experience shapes how the firm reviews chat logs, timestamps, and officer conduct from the start.
This distinction matters differently depending on whether law enforcement or a private individual was involved, and it affects which defenses apply. Reviewing exactly who initiated the deception and what the accused believed is central to building a response.
Yes, both subsections of Tex. Penal Code § 33.021 carry felony penalties, starting at the third-degree level and reaching second-degree depending on the minor's age or the type of conduct alleged.
Sometimes, when law enforcement induces conduct the accused would not have engaged in without that inducement. Entrapment defenses depend heavily on who initiated the sexually explicit content and how the conversation escalated.
Yes, any conviction or deferred adjudication under Section 33.021 requires sex offender registration under Texas law. This applies regardless of whether the case involved an actual minor or an undercover officer.
Yes, the platform where the conversation occurred does not determine whether the statute applies. What matters is the content of the communication and what the accused knew or believed about the other person's age.
Online solicitation offenses generally follow standard felony statute of limitations periods in Texas, though the specific timeline depends on how the charge gets classified. Reviewing the timeline of the alleged offense with an attorney clarifies what deadlines actually apply.
Get Direct Access to a Texas Online Solicitation Defense Attorney Now
The Law Offices of Richard C. McConathy provide 24/7 access to Richard McConathy directly, backed by a case history of more than 6,000 criminal matters and over 1,000 dismissals. Call (972) 233-5700 to speak with our offices.