Being accused of online solicitation of a minor in Texas is a life-changing event. These charges often stem from internet stings or conversations that are misunderstood or taken out of context. A conviction can result in a felony record, mandatory sex offender registration, and years in prison — even if no child was ever involved.
At Ceja Law Firm, we provide strategic and aggressive defense to individuals charged with internet sex crimes. Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a former prosecutor, and a recognized Texas Super Lawyer. He has successfully defended clients in complex solicitation cases involving undercover operations, digital evidence, and forensic analysis.
What Is Online Solicitation of a Minor in Texas?
Under Texas Penal Code §33.021, a person age 17 or older can be charged with online solicitation of a minor in two main ways:
1. Sexually Explicit Communication
It is a third-degree felony to knowingly communicate in a sexually explicit manner with someone the actor believes is under 17, with the intent to engage in sexual conduct that is classified as a reportable offense under Chapter 62 of the Texas Code of Criminal Procedure. These offenses include acts such as sexual assault, indecency with a child, and other crimes involving sexual contact or exploitation of minors.
2. Solicitation of a Meeting
It is a second-degree felony to knowingly solicit a meeting with someone the actor believes is under 17, with intent that sexual contact will occur — even if no meeting ever takes place.
Texas law allows prosecution even if no actual minor is involved, as long as the defendant believed they were communicating with a minor — including situations where the other party was an undercover officer or adult decoy.
Punishments for Online Solicitation
Online solicitation is always a felony in Texas:
- Third-degree felony (explicit communication):
2 to 10 years in prison + up to $10,000 fine - Second-degree felony (soliciting a meeting or alleged minor under 14):
2 to 20 years in prison + up to $10,000 fine
Sex Offender Registration
A conviction — or even deferred adjudication — for online solicitation of a minor requires sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure.
- Registration lasts 10 years after the sentence or probation ends.
- Includes ongoing reporting requirements, housing and work restrictions, and limitations on internet access.
- If the person has a prior registrable offense, the new conviction may trigger lifetime registration.
Collateral Consequences
In addition to incarceration and registration, a conviction can result in:
- Permanent felony record
- Loss of employment or professional licenses
- Restrictions in child custody or family law cases
- Ineligibility for housing or public benefits
- Irreparable damage to personal relationships and reputation
Defending Online Solicitation Charges
The central issue in many solicitation cases is intent — what did the defendant mean, believe, or intend by their communication?
Defense strategies may include:
- Lack of intent: The messages lacked any real desire or plan to engage in sexual conduct.
- Insufficient evidence: The chats or messages are ambiguous, vague, or not clearly sexual.
- Unlawful search/seizure: Phones, computers, or messages may have been collected without a valid warrant.
- Entrapment: The police improperly induced the conduct through manipulation or coercion. This defense requires more than simply an opportunity to commit the offense.
Texas courts have emphasized that intent can be inferred from the full circumstances, including:
- How explicit the communication was,
- Whether there was follow-up or attempts to arrange a meeting,
- What the defendant said during or after the exchange (e.g., in interviews or written messages).
Although a defendant’s belief about the other person’s age is not a legal defense, if the evidence strongly suggests that the person appeared to be an adult, this may help the defense argue that the accused did not believe they were speaking to a minor — and therefore lacked the required intent.
Immigration Consequences
Online solicitation is considered a crime involving moral turpitude and may qualify as an aggravated felony under federal immigration law. A conviction can lead to:
- Deportation
- Ineligibility for green cards, visas, or naturalization
- Bars to reentry
- Disqualification from relief like asylum or U Visa
Ceja Law Firm does not handle immigration matters directly, but we routinely work with immigration counsel to protect non-citizen clients.
Can You Get Probation for Online Solicitation in Texas?
Yes, probation is available for online solicitation of a minor in Texas, including both regular (straight) probation and deferred adjudication under Chapter 42A of the Texas Code of Criminal Procedure.
- Straight probation (also called community supervision) involves a conviction, but allows the defendant to serve their sentence in the community rather than in prison, subject to strict conditions.
- Deferred adjudication allows a person to avoid a conviction if they successfully complete a probation term after pleading guilty or no contest. However, in online solicitation cases, sex offender registration is still required, even if deferred adjudication is granted.
Judges have discretion to impose probation, especially for first-time offenders, but probation conditions often include:
- No internet access or strict monitoring
- No unsupervised contact with minors
- Completion of sex offender treatment
- Registration as a sex offender for 10 years
While probation can help a person avoid prison time, it still carries serious consequences — and a violation can result in imprisonment.
Frequently Asked Questions (FAQ)
Can I be prosecuted if I never spoke to an actual child?
Yes. Texas law allows prosecution if you communicated with someone you believed was under 17 — even if it was actually an undercover officer.
Is it a defense that the meeting never happened?
No. The law criminalizes the solicitation itself, not the act of following through.
What if I was joking or just fantasizing?
Intent is a required element. Texas courts have held that juries may consider surrounding evidence — including explicit messages, follow-up behavior, or post-arrest statements — to determine whether a defendant truly intended to commit an offense or was merely engaging in non-serious conversation. Your attorney can present arguments to cast doubt on criminal intent.
How can a lawyer prove lack of intent?
We analyze:
- The content and tone of the messages
- Whether the defendant paused, hesitated, or backed out
- How the other party portrayed their age or identity
- Statements made to law enforcement or others
- Digital forensics and communication patterns
Is it a defense if I thought the person was 18?
No. Texas courts have held that mistake of age is not a defense. The law punishes communication with someone the actor believes is under 17. Even if the person turned out to be an adult, the focus is on what the defendant believed and intended.
Will I have to register as a sex offender if I get deferred adjudication?
Yes. A guilty plea followed by deferred adjudication still requires sex offender registration for 10 years.
Can I get my record sealed or expunged?
Expunction is only available after a dismissal or acquittal. Deferred adjudication on online solicitation is not eligible for nondisclosure due to the registration requirement.
Can I get probation?
Yes. Probation or deferred adjudication is possible, especially for first-time offenders. But the stigma and restrictions from sex offender registration still apply.
How can I keep an online solicitation arrest off my record?
To keep an arrest off your record, the case must typically be dismissed or you must be found “not guilty” at trial. If you are convicted or placed on deferred adjudication, you cannot expunge or seal your records. In online solicitation cases, even successfully completing deferred adjudication does not make you eligible for nondisclosure because the charge requires sex offender registration, which disqualifies you from sealing your record.
Contact a Houston Online Solicitation Attorney Today
These cases are complex, emotionally charged, and carry high stakes. Ceja Law Firm has the experience, training, and litigation skills needed to fight online solicitation charges in Texas. Don’t make the mistake of talking to police before speaking with an attorney. Contact us now for a free, confidential consultation.
