Online Solicitation of a Minor

Adults must be very careful in who they associate with and what they say to others on the internet. What may seem like a fun, casual conversation meant in jest or in fantasy can have life-altering consequences if you are accused of soliciting a minor. You could face lifetime sex offender registration or jail time if convicted.

In America, you have the right to an attorney. It is crucial that you exercise this right prior to speaking with police or investigators. Confessing that you “messed up” or saying you were “just playing around” with no intent of follow-through can bolster the state’s case against you.

Legal representation in Dallas, TX can be found at the Law Office of Jeff King, a defense attorney specializing in computer crimes, including online solicitation of a minor.

What is Solicitation of a Minor?

According to Texas Penal Code § 33.021, “solicitation of a minor” is defined as: “if a 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.”

A “minor” is defined as anyone who represents him or herself as younger than 17 years of age – or who the actor believes to be younger than 17 years of age. The offense is committed if the solicitor intentionally:

Communicates with a minor in a sexually explicit manner
Distributes explicit material to a minor

Even if a meeting or sexual encounter did not occur, the very act of solicitation based on fantasy is grounds for punishment, according to Texas law. Soliciting a minor can be considered a felony if the minor is younger than 14.

Possible Defenses for Soliciting a Minor

A variety of possible defenses may be applicable to your case in the state of Texas. These include:

Legal conduct

The law in Texas explicitly allows for a defense if you are married to the minor OR if you are not more than three years older than the minor and the minor consented to the conduct.

Freedom of speech

The “right to free speech” has been a compelling defense argument in Texas courts. In the July 2015 case of Texas v. Paquette, Judge Kelly W. Case of the 9th District Court deemed the state’s solicitation of a minor law “unconstitutional” and in violation of the right to free speech.

The defendant, 35-year-old Daniel Paquette, was arrested and charged with using Craigslist email correspondence to solicit sex with a 14-year-old in exchange for money. He was arrested in an undercover sting when he traveled to a Montgomery County apartment with cash and a condom in his pocket.

The defense team successfully argued that some internet users engage in sexual fantasy “age-play,” where one or more participants pretends to be under-aged children.

Statute of limitations

In the case of Texas v. Thompson, Timothy Thompson was deemed a “registered sex offender” following a sexual assault charge from 2000. Investigators later charged him with solicitation of a child, believed to be under 14 years of age, in 2006.

Following an initial life sentence passed down in 2009, the Court of Criminal Appeals ordered Timothy Thompson’s case back to the 9th state District Court in Montgomery County to dismiss his indictment.

Though his life sentence will be overturned, the Huntsville resident still faces three third-degree counts of criminal attempt and one second-degree count of online solicitation of a minor.

His defense will contend that the statute of limitations ran out for the alleged crime. In the state of Texas, plaintiffs have up to three years to file a formal complaint under Texas Code of Criminal Procedure article 12.01(7).

Entrapment

A defendant targeted in a sting operation can potentially use “entrapment” as a legal argument. It is allowable for officers to provide the opportunity for a crime to occur or to misrepresent their age, gender and identity while chatting online. A solid case for entrapment includes evidence that the officers:

Used force to coerce you into committing the crime
Used bribes or sexual favors to encourage you to commit the crime
Repeatedly attempted to persuade you to commit the crime

Successful entrapment defense arguments could result in all criminal charges being reduced or dropped. Any information gathered by officers will be deemed inadmissible in court and you may even pursue charges against the officers who committed the wrongdoing.

Punishment for Solicitation of a Minor

Depending upon the nature of the communication and the age of the child or decoy, these cases can result in:

Fines of $2,000 – $10,000
180 days to 20 years in prison
Lifelong sex offender registration

“Competent and Compassionate”

I found Jeff to be a competent and compassionate advocate. As a client, he was the “voice” that I needed him to be to achieve a good result. He allowed me to communicate my needs to him and then diligently went to work to attain them. I would recommend him without hesitation.

- ReneeFraud client

“I was given a fair and positive outcome.”

With the type circumstance I had, it was not a hard case nor one that required a court visit or in front of a Judge but it did take some research and many hours of information gathering. I was given to the point, fair and accurate information by Jeffery King and he stuck with me through the whole ordeal. This was not only vital but very personable and I appreciated that to the fullest. I felt comfortable and positive through the entire situation and was given a fair and positive outcome. I thank Jeff King and his other staff that were involved for all they did.

- StevenGovernment contractor

“Prepared, Aggressive & Passionate about the Defense”

As the father of a recent active duty Air Force client of Mr. King’s, and being intimately involved day to day with the case, I can say without hesitation nor mental reservation, Jeff King is a consummate professional. Jeff was not only prepared, aggressive, and passionate about the defense, he also made the time to explain in detail every facet of the trial as it progressed. Having an attorney of Jeff’s caliber in our corner bestowed a feeling of confidence to our family, which was a critical factor in our ability to manage the stressfulness inherent to such serious allegations. Jeff prepared the entire family for every scenario, good and bad, and for that we are forever grateful. Upon receipt of the not guilty verdict and celebrating the obvious joy we felt that this “created adventure” had now come to an end, also came the realization that not only had he won this case, and with it our son’s continued freedom and innocence, but we had made a friend of the highest regard. Our family cannot thank Mr. King enough for his excellent representation on behalf of our son, but also for the lofty amount of integrity and humility demonstrated during the most trying time of our lives. Much respect and Semper Fi.

- BrentMilitary Client’s Father

“Jeff is the best!”

I thought my life was over when I was accused of a horrible crime at a general court-martial. From the moment I met Jeff, he instilled confidence in my case and showed a real enthusiasm for what he does. Be warned: Jeff will put you to work! He prepares for battle and expects you to contribute. He is confident in court and I enjoyed watching the jury respond to him. In the end, I was found NOT GUILTY to all charges! I am so grateful that I hired Jeff to defend me.

- Military Law Client

“Jeff sets the standard.”

Jeff was amazing! He handled my case through the end of the Article 32 hearing, and set the basis for my acquittal. If it had been any other IO than the one it was, I am certain it would have been dismissed right then, as all the objections he made in the Article 32 were later upheld by the Military Judge, and they been upheld at the Article 32 hearing, it would have been dismissed on the spot. His knowledge, and preparation made all the difference in my case, and his relentless pursuit of the truth showed through. He will always be my first recommendation to anyone who needs legal help.

- SPC C, US Army

Online Solicitation Defense Attorney in Dallas, Texas

Though Texas courts are progressive in their treatment of online solicitation defendants, you don’t want to leave your reputation to chance. Jeffrey King has more than 14 years of trial experience, including work on both sides of the aisle. He’s willing to go the extra mile in diligent preparation of his cases, and has taken more than 1,000 cases to verdict. King works with both civilian and military personnel, as an award-winning former Major in the U.S. Marine Corps Reserves himself. Contact the Law Office of Jeffrey King to begin building a successful defense.