Criminal Law: Online Solicitation for Minors Charge

Soliciting a minor for any sexual act or engaging a minor
for the purpose or intent of something sexual in nature is illegal in all
states. Every state has its own set of laws regarding the definition of minors
and age limitations, as well as laws related to online solicitation. Texas is
no different.

Texas Penal Code 33.021: Online Solicitation of a Minor

Texas lawyers work hard to protect kids against sexual
predators and traffickers. Online solicitation of a child isn’t tolerated.
Penal code 33.021 defines this criminal charge as:

“(b) A person who is 17 years of age or older
commits an offense if, with the intent to commit an offense listed in Article
62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the
Internet, by electronic mail or text message or other electronic message
service or system, or through a commercial online service, intentionally:

(1) communicates in a sexually explicit manner with a minor;
or

(2) distributes sexually explicit material to a minor.”

Alternatively, under subsection (c):

“(c) A person commits an offense if the person, over
the Internet, by electronic mail or text 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.”

As you can see, the definition of a minor in Texas is anyone
age 17 and under. If the victim has not yet reached the age of 18, even if the
minor’s 18th birthday is a few days away, the victim at the time of the crimes
is, in fact, a minor. The alleged perpetrator has allegedly contacted the minor
with intent to send sexual imagery, sexual messages, sexting, pornography, or
to encourage or engage a minor in any sexual act is in the wrong. When caught,
the alleged perpetrator is prosecuted to the fullest extent of the law as long
as there is corroborating evidence and a victim/witness statement. 

The Punishment When Found Guilty of Online Solicitation of a
Minor

Punishment for this crime vary. Unless the victim was age 14
and under at the time of the crime, it’s considered a third-degree felony. A
third-degree felony is punishable in Texas by a state prison sentence of 2-10
years per count and a fine of $10,000. If the victim was under 14, it’s
considered a second-degree felony, in which case the perpetrator is facing 2-20
years per count and up to $10,000. Additionally, when convicted, all
perpetrators are required to register as sex offenders.

How Online Solicitation of a Minor Differs from Criminal
Solicitation of a Minor

Criminal Solicitation of a Minor is Penal Code 15.031 and
differs from online solicitation in that it is considered abuse of a minor but
not necessarily sexual abuse. This could include stealing, trafficking other
minors, etc. As you can see from the definition of Criminal Solicitation of a
Minor:

“(a) A person commits an offense if, with intent that
an offense listed by Article 42A.054(a), Code of Criminal Procedure, be
committed, the person requests, commands, or attempts to induce a minor to
engage in specific conduct that, under the circumstances surrounding the
actor’s conduct as the actor believes them to be, would constitute an offense
listed by Article 42A.054(a) or make the minor a party to the commission of an
offense listed by Article 42A.054(a).

(b) A person commits an offense if, with intent that an
offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be
committed, the person by any means requests, commands, or attempts to induce a
minor or another whom the person believes to be a minor to engage in specific
conduct that, under the circumstances surrounding the actor’s conduct as the
actor believes them to be, would constitute an offense under one of those
sections or would make the minor or other believed by the person to be a minor
a party to the commission of an offense under one of those sections.

(d) It is no defense to prosecution under this section that:

(1) the minor solicited is not criminally responsible for
the offense solicited;

(2) the minor solicited has been acquitted, has not been
prosecuted or convicted, has been convicted of a different offense or of a
different type or class of offense, or is immune from prosecution;

(3) the actor belongs to a class of persons that by
definition of the offense solicited is legally incapable of committing the
offense in an individual capacity; or

(4) the offense solicited was actually committed.

For the purposes of this statute, “minor” means an
individual younger than 17 years of age.”

Online solicitation refers to all online or digital
solicitation which is sexual in nature. Regardless, both are categories of
illegal acts with a minor.