Houston Online Solicitation of a Minor Lawyer

Houston Online Solicitation of a Minor Attorney

Being charged with a sex crime can be incredibly stressful, given the severity of the accusation. This is particularly true when facing charges regarding the sexual assault or abuse of a minor. Furthermore, if your alleged offense involves using the internet, it can also be charged at the federal level. If you are up against felony charges, speak with an experienced Houston online solicitation of a minor lawyer.

The qualified legal team at Hochglaube & DeBorde, P.C., a reputable criminal defense law firm in Houston, has extensive experience defending clients within cases of sex offenses and online crimes.

Overview of Online Solicitation of a Minor Charges

It is unlawful to solicit a minor, defined as any person under age 17, which includes online communications. A minor may also be someone the charged individual believed was under 17. There are two solicitation charges that may be filed in Texas. The first type of charge is defined as an adult intentionally communicating with an underage person in a sexually explicit manner or providing sexually explicit material to a minor.

The second charge occurs when an adult knowingly solicits a minor child to meet in person with the intent to engage in sexual activity or contact with the minor. Whether a meet-up actually occurred is irrelevant and cannot be used as a defensive argument. All of these charges pose the threat of a felony conviction if the defendant is found guilty.

Possible Defense Arguments for Soliciting a Minor Online

One common defense against allegations that a defendant solicited a minor child over the internet is lack of intent. If the alleged offender was speaking inappropriately with a minor unknowingly, this is a sufficient defense since the defendant wasn’t purposefully committing a crime. The prosecutor must provide adequate evidence that the accused knew or should have known the person was a minor to secure a conviction.

Another defense argument is entrapment. This means that law enforcement enticed the alleged offender into participating in criminal conduct, and they otherwise would not have done so. This defense may be difficult to successfully implement; your defense attorney would need to establish that you don’t possess an inclination for online solicitation outside the event that yielded charges. If you lack a history of online solicitation or misconduct involving a minor, this approach may be effective.

One potential defense strategy may include pointing out flaws in the prosecution’s evidence or how said evidence was obtained. If the prosecutor’s proof was acquired unlawfully or is otherwise invalid to use in a courtroom, their case against the defendant will likely fall apart quickly. Invalid evidence includes inaccurate digital data, fraudulent witness statements, and physical proof that was collected in violation of the required procedures.

Potential Penalties for Online Solicitation of a Minor

Online solicitation of a minor is a third-degree felony punishable by incarceration and heavy fines. If the minor in question is under age 14, the charge is a second-degree felony, and potential penalties are increased accordingly; the offender is subject to a large fine in addition to a longer prison sentence if convicted. Along with these punishments, a conviction for soliciting a minor online carries other severe effects and revoked rights.

In Houston a convicted felon of this sex violation will have a permanent criminal record if they did not previously, as well as be required to register as a sex offender. Other potential impacts include the loss of the right to firearms, revoked voting rights, probation, parole, mandatory community service, and providing restitution to the victim(s). It is crucial to have a criminal defense attorney to minimize the chance of conviction since the effects can drastically impact one’s future.

Beyond the aforementioned penalties, felons convicted of a sex crime are also likely to face damage to their reputation, including as a professional in their field, trouble with obtaining citizenship or maintaining their immigrant status, a loss of eligibility for federal financial aid, difficulty acquiring housing or new employment, and the suspension or revocation of career licenses.

FAQs

Is It Against the Law to Talk to Minors Online?

It is not technically against the law to talk with minors online, and the minor could be a relative or known acquaintance. However, it is important to be cautious when speaking with someone you don’t know or haven’t met previously in person.

It is easy for many to lie about their real identity or age in an online format, so it is wise to refrain from speaking suggestively or inappropriately with someone whose age you cannot adequately verify.

What Constitutes the Charge of Solicitation of a Minor?

The solicitation of a minor is unlawful and encompasses any intentional communication meant to entice the minor person into sexual activity, whether online or in a physical meeting. Speaking in a sexually explicit manner with an underage individual or distributing sexual material to a minor may also constitute solicitation of a minor.

What Is Not a Defense for Soliciting a Minor Online?

An attorney may argue that the defendant did not knowingly commit or intend to commit the crime, but some defenses are not valid in contesting this offense. For example, if the accused party claims that they didn’t mean for a meeting to occur, were merely fantasizing about meeting up with the minor, or that no meeting actually took place, these are insufficient defenses.

What Happens if Found Guilty of Online Solicitation?

A person who is found guilty and convicted of this offense could be subject to the following consequences:

• Incarceration
• Heavy fines
• Probation
• Parole
• Community service
• Paying restitution to the victim or victims
• Registration as a sex offender
• Loss of voting rights and rights to possess firearms
• Ineligibility to receive federal financial aid

A conviction can also damage your personal and professional reputation and have major ramifications in all areas of life.

Ensure You Have a Strong Defense Lawyer for Your Case

Skilled and experienced defense lawyers at Hochglaube & DeBorde, P.C., are here to build a comprehensive defense for your unique case.  Contact our office today to schedule a consultation with a proficient defense attorney prepared to protect your rights.