Online solicitation charges have become increasingly common in Houston recently. But this isn’t necessarily because more and more Texans are engaging in these crimes. Many of these people have never even met the people they were accused of soliciting online.
But just because you never met doesn’t mean you can’t be charged. Internet stings have made it possible for police to arrest pedophiles and others engaging in online solicitation of a minor. But it has also led to many wrongful arrests. A Houston sex crimes defense lawyer can help you protect your dignity, your freedom, and your future. Call Attorney Ned Barnett to schedule your consultation: (713) 222-6767.
Online Solicitation & Internet Stings in Texas
Many online solicitation charges arise from internet sting operations. These large-scale actions may involve various law enforcement departments and usually get featured on the local news. Police will typically create profiles on popular dating apps or internet chat rooms and pretend to be minors. They then will have chats with adults online, telling the adult they are underaged.
Even if there are no suggestions of a sexual nature, the adult can still be charged with online solicitation if an in-person meeting is scheduled with the assumption that the person the adult is meeting is a minor.
If you have been arrested for online solicitation after an internet sting, you need a defense. Don’t wait; the sooner a lawyer starts working on your case, the better your chances.
Are Online Sex Stings Considered Entrapment in Texas?
Entrapment is considered a “complete defense” to criminal charges, based on the idea that someone in the government or law enforcement started the idea of criminal activity or misconduct, “implanting” the idea of a crime in the defendants head. These rules apply to online sex stings. That means the officer acting as a minor cannot initiate sexually-related conversations or suggest that you meet them for sexual acts.
Online sex stings are not considered entrapment if you are the one to suggest engaging in sexual activity. Your criminal defense attorney can explain the concept as you fight your online solicitation charges.
Penalties for an Online Solicitation in Texas
Online solicitation of a minor is a severe offense in Texas. Under the law, it is a second-degree felony. This is punishable by a maximum prison term of twenty years. You could also be ordered to pay fines of up to $20,000.
But these aren’t the only effects of an online solicitation conviction. You could also face other devastating penalties:
- Registration as a sex offender
- Probation
- Random drug or alcohol testing
- Being prohibited from using the internet
- Unable to find a good job
- Trouble finding safe or affordable housing
- Immigration or citizenship issues
- Suspension of professional licenses
Even the charge of online solicitation can destroy your reputation. It can ruin your life. Clearing your name may be the only way to get back to your life.
How To Defend Against Online Solicitation
Many people charged with online solicitation believe that they should claim it was “entrapment.” They are often wrong.
Entrapment means the police induced you to commit the crime in question when you would not have otherwise. Entrapment can be difficult to argue in internet sting cases. But it may be appropriate in some instances. Other, more effective online solicitation defenses could include:
- Mistake of fact
- Lack of intent
- Mental defect
- Jury nullification
- Romeo & Juliet defense
Your lawyer will need to analyze the details of your case carefully. This will determine which defense is most practical for you.
FAQs about Online Solicitation Charges & Defenses
What evidence do prosecutors typically use in online solicitation cases?
Prosecutors often rely on chat logs, screenshots, digital device extractions, and recorded communications from undercover officers. They may also use IP address information or location data to argue that you knowingly interacted with someone you believed to be a minor.
Can I be charged even if I never sent explicit messages?
Yes. In Texas, arranging or attempting to arrange a meeting with someone you believe is a minor can be enough for a charge, even without overtly sexual messages. Prosecutors may argue that your actions implied intent.
Does it matter if the “minor” was actually an adult officer?
No. The law focuses on your belief and intent. If the evidence shows you thought you were communicating with a minor, you can still face charges even though no real minor existed.
Can police legally lie about their identity during an investigation?
Yes. Undercover officers are allowed to use deceptive tactics such as posing as minors, altering photos, and creating false profiles. What they cannot do is pressure or persuade you into committing a crime you were not already predisposed to commit.
How do digital forensics impact my case?
Digital evidence is often complex and may contain errors or gaps. A defense attorney can challenge forensic procedures, question the authenticity of chat logs, or argue that messages were taken out of context or sent by someone else with access to your device.
What happens immediately after an arrest for online solicitation?
After booking, you may face restrictive bail conditions such as internet bans, electronic monitoring, or no-contact orders. You will also likely face a court date within a short period, making it crucial to hire counsel quickly.
Can online solicitation charges be reduced or dismissed?
Depending on the evidence, procedural errors, or the viability of defenses, charges can sometimes be reduced or dismissed. Successful challenges may involve disputing intent, attacking the legality of the sting, or negotiating alternative resolutions.
How does a conviction affect child custody or family court matters?
Even without a conviction, allegations alone can impact custody, visitation, and ongoing family law cases. Courts often take accusations related to minors seriously, and you may face temporary restrictions until your criminal case is resolved.
Are there diversion programs for online solicitation cases in Texas?
Some counties offer limited diversion options, but eligibility is strict, and many people charged with online solicitation do not qualify due to the felony classification. A defense lawyer can determine whether any alternatives may apply in your jurisdiction.
What should I avoid doing after being contacted by law enforcement?
Do not attempt to explain, justify, or defend your online communications to officers. Anything you say may be used against you. Do not delete messages or accounts, as this can be viewed as evidence tampering. Contact a defense lawyer immediately to protect your rights.
Contact an Internet Sting Defense Lawyer
As you can see, there doesn’t need to be a victim or even a real person for you to face online solicitation charges. But you still have the right to defend yourself. Don’t trust your freedom to an inexperienced attorney or try to handle things alone. Hire an experienced, aggressive Houston defense lawyer at The Law Offices of Ned Barnett.
Schedule a confidential and free case review when you call (713) 222-6767. Or you can complete our contact form. We will be in touch to set up your consultation.