Online Solicitation of a Minor
Texas Penal Code Section 33.021 defines online solicitation of a minor as any act in which:
- The defendant is 17 years of age or older
- The defendant’s actions were made with the intent to arouse or otherwise gratify sexual desires
- The behavior was committed over the internet, including email, instant message & commercial online service
- The behavior was committed intentionally
- The behavior involved communications that were made in a sexually explicit manner with a minor or involved the distribution of sexually explicit material to a minor
The statute is so thorough in detail that it even includes language that effectively prohibits common explanations or methods of defense that might otherwise be used to rid the defendant of the accusations made against him/her.
Were you the victim of a sting operation?
Many of the arrests made for online solicitation of a minor are the results of elaborate sting operations involving an undercover law enforcement officer who posed as a child to gather incriminating evidence against the suspected perpetrator. Such actions, however, are explicitly forbidden in Section 33.03 of the Texas Penal Code, which states:
“It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer, employee, or agent of a communications common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communications common carrier or electric utility.”
If your arrest was the result of a sting operation and you have solid evidence to prove it, then a strong defense can be built on your behalf. Under the direction of a Houston sex crime lawyer at the Law Offices of Billy Skinner, you can take active steps toward fighting the criminal allegations that have been made against you.
Aggressive Defense from a Houston Sex Crime Attorney
Backed by years of experience and a number of notable case results, our criminal defense lawyers at the Law Offices of Billy Skinner know what it takes to defend sex crime cases of every nature, including the online solicitation of a minor.
Common defenses to these charges include proving that the defendant was:
- No more than three years older than the minor and the minor consented
- Married to the minor
The proper defense for your charges will depend on the details of your case and the circumstances that led up to the arrest. Accordingly, it is important to contact our office at (713) 600-7777 to schedule a consultation with a Houston sex crime lawyer at our firm. Upon reviewing your case, we can devise the strategy of defense that we believe will be most effective in yielding positive results for you.
Fill out a case evaluation form on our website to get started today!