Charged with online solicitation of a minor in Texas? Speak with a Frisco defense lawyer now.

Adult Posing as a Minor Online Charge Lawyer, Texas

If you are searching for an adult posing as a minor online charge lawyer Texas, this page explains what the charge means. In Texas, online contact with a minor can lead to charges, including online solicitation of a minor. The statute counts a person the accused believes is under 17, so the accused’s belief about age matters as much as the messages. Barbieri Law Firm defends people accused of online sex crimes across Collin County, Dallas-Fort Worth and Texas.

What an Adult Posing as a Minor Online Charge Means in Texas

The charge covers online sexual communication with someone the accused believes is a minor, even if that person is an adult, when the accused, who must be 17 or older, intends to commit an offense listed in Article 62.001(5)(A), (B), or (K). Texas law defines “minor” as a person younger than 17 and also as a person the accused believes is younger than 17. That second part is important. A real child is not required for the charge to exist.

Some of these cases involve an investigator who posed as a minor online. The statute still applies to the accused’s messages and beliefs, so the facts of each conversation matter.

This page is for the person who was charged. It is also for a parent, partner or family member who is learning about the case. It helps anyone who received a notice, a phone call or a request to come in for questioning.

Penalties and Enhancements Under Texas Law

The felony level depends on the conduct, the age involved and the accused’s record. Here is how the main levels work:

• Under Penal Code § 33.021, 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, text message, other electronic message service or system, or through a commercial online service, intentionally communicates in a sexually explicit manner with a minor. An offense under Subsection (b) is a felony of the third degree, except that it is a felony of the second degree if the minor is younger than 14 years of age or the actor believes the minor is younger than 14. It becomes a second-degree felony if the minor is younger than 14, or if the accused believed so. (§ 33.021)
• Knowingly soliciting a minor to meet the accused or another person, intending sexual contact, sexual intercourse or deviate sexual intercourse with the accused or another person, is a second-degree felony. Under Penal Code § 33.021(e), it is a defense to prosecution under this section that, at the time conduct described by Subsection (c) was committed, the actor was married to the minor, or the actor was not more than three years older than the minor and the minor consented to the conduct. (§ 33.021) It is not a defense that the meeting did not occur. (§ 33.021)

A second-degree felony carries imprisonment for not more than 20 years or less than 2 years. It may also carry a fine of up to $10,000. (§ 12.33)

Prior records can raise the level. Under § 12.42, a third-degree felony is punished as a second-degree felony when the state shows a prior final felony conviction, with some exceptions. A second-degree felony with a qualifying prior conviction is punished as a first-degree felony.

Timing can also raise the level. Under § 33.021, punishment moves up one category if the offense happened during regular public or private primary or secondary school hours. The state must also show the accused knew or reasonably should have known the minor was enrolled in school.

Collateral consequences matter too. Texas Code of Criminal Procedure Article 62.001, the definitions article of the sex offender registration chapter, lists “a violation of Section 33.021 (Online solicitation of a minor), Penal Code” as paragraph (J) (art. 62.001). Questions about registration, work, housing and family matters are worth reviewing with a lawyer early.

How Online Posing Cases Usually Start

These cases often start with an online operation, a complaint, or a trace from an account to a device. Federal Internet Crimes Against Children task force program work focuses on technology-facilitated child sexual exploitation. That federal work runs alongside Texas law. The Texas Attorney General’s cyber safety information also covers online solicitation of minors.

Investigators typically collect message logs, account and profile details, and phone or device records. Each item should be checked against what was actually sent, by whom and when.

Several mistakes can hurt a case:

• Deleting or changing messages, accounts or devices.
• Sending new messages to the other person.
• Speaking with investigators before a lawyer has reviewed the case.

Defense Issues a Lawyer Reviews in These Cases

A lawyer reviews what was said, who started the conversation, what the accused believed about age and how police linked the account to the accused. Each of these points can change the picture.

• Full message history. Short excerpts can mislead. The whole exchange, with its context and timing, matters.
• That belief is central to the charge.
• Entrapment. Under § 8.06, entrapment is a defense when a law enforcement agent induces the conduct using persuasion or other means likely to cause persons to commit the offense. Merely giving someone an opportunity to offend is not entrapment.
• Identification. A lawyer checks whether the account, device and messages were tied to the accused accurately and completely.
• Investigation steps. Undercover contact, timing and record handling are reviewed to see whether procedures were followed.

Each case differs, so a defense is built from the actual evidence. No lawyer can predict how a case will end.

What to Expect: The Process From First Call to Resolution

A case usually moves from first contact to evidence review, court settings and then a resolution. The timing depends on the facts and the court’s schedule.

1. First contact. Share the charging papers, any notice you received and your questions, including bond and the next court date.
2. Evidence review. The defense obtains and reviews the messages, device and account records and investigative reports.
3. Court dates and bond. Bond conditions can affect work, home and contact with others, so they are reviewed early.
4. Negotiation and options. Options can include a motion to dismiss, plea discussions or trial. Under art. 42A.101, except as provided by Article 42A.102(b), a judge who decides that doing so serves society and the defendant may, after receiving a plea of guilty or nolo contendere (no contest), hearing the evidence and finding that it substantiates the defendant’s guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.
5. Trial preparation if needed. This includes pretrial motions, witness preparation and jury selection.

The steps stay similar from case to case. The pace and the result depend on the facts.

Why Clients Work With Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, that defends people accused of sex crimes and assaultive offenses. The firm handles online sex crimes defense across Collin County, Dallas-Fort Worth and Texas.

Founding attorney Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads the firm. The firm’s lawyers are Heather Barbieri and Carrie Thomas. Assistants and office staff support them.

The firm’s approach is direct. Our team reviews the evidence with you, explains your options and walks through each stage of the case. Every case is different, so the firm describes options rather than predicting results.

Common Questions About Adult Posing as a Minor Charges

The questions below cover common concerns about this charge.

Talk With a Defense Team About Your Situation

If a notice, an arrest or a family member’s call brought this charge to your attention, you may need answers fast. The immediate questions are practical. What should you do about a notice or arrest? How should you handle contact from investigators? Which messages and devices should you leave untouched?

The first consultation is free, confidential and carries no obligation to continue. Call (972) 424-1902, send your case details through our contact page, or schedule a free consultation there.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.