Collin County Sex Solicitation Lawyer | Barbieri Law Firm

A Collin County sex solicitation lawyer starts with one question: what exact conduct does the State say you committed? Online cases in Texas may involve more than one statute, so the specific charge and its elements should be reviewed case by case. This page explains what the charge means, what is at stake, and how a defense is built from the evidence.

What Does a Sex Solicitation Charge Mean in Texas?

Online solicitation of a minor, under Penal Code § 33.021, is charged when the State says you tried to get a minor to engage in sexual conduct through online messages. The statute sets out what the State must prove.

For messaging offenses under Texas Penal Code § 33.021(b), the State must show that you were 17 or older, that you acted intentionally, and that you communicated sexually or sent sexual material to a minor over the Internet, by email, by text, or through another electronic messaging system. The State must also prove that the person acted with intent to commit an offense listed in article 62.001(5)(A), (B), or (K) of the Texas Code of Criminal Procedure. For meeting offenses, the State must show you knowingly solicited a minor, over the Internet, by email, text message or another electronic message service or system, or through a commercial online service, to meet another person, including you, with intent that sexual contact, intercourse or deviate sexual intercourse occur between the minor and the actor or another person.

Intent and knowledge are central. The State has to prove what you intended and what you knew, not just what was sent.

An arrest is not a conviction. The formal charge can also differ from what you heard at the scene, so read the paperwork closely.

Which Solicitation Charges Does This Defense Cover?

This page covers online solicitation of a minor and related child-focused sex charges. These are the sex crimes matters this firm handles.

Under Penal Code § 33.021, a “minor” includes a person the actor believes is younger than 17. That matters in undercover cases, where the person on the other end may be an adult or an officer.

The meeting does not have to happen. Under § 33.021(d), it is not a defense to the meeting offense that the meeting did not occur.

Entrapment is a narrow defense. Under Penal Code § 8.06, it applies when a law enforcement agent induces the conduct using persuasion or other means likely to cause the offense. Giving someone an opportunity to commit an offense is not entrapment.

Some conduct can be charged under more than one law. Under § 33.021(g), the State may prosecute under this section, another law, or both.

The Texas Attorney General’s cyber safety initiative provides Texas-specific information about online solicitation of minors.

What Penalties and Collateral Consequences Can Apply?

The meeting offense under subsection (c) is a second-degree felony. A messaging offense under subsection (b) is a third-degree felony, unless the minor is younger than 14 or the actor believes the minor is. In that case it is a second-degree felony under § 33.021(f).

• Third-degree felony: 2 to 10 years in prison and a fine up to $10,000.
• Second-degree felony: 2 to 20 years in prison and a fine up to $10,000.
• School hours: Punishment moves up one category if the State shows the offense occurred during school hours and the actor knew or reasonably should have known the minor was enrolled in school (§ 33.021(f-1)).
• Prior felonies: A third-degree felony with a prior final felony conviction is punished as a second-degree felony (Penal Code § 12.42). Under the enhancement provisions of Texas Penal Code § 12.42, the meeting offense, a second-degree felony, is raised to a first-degree felony punishable by 5 to 99 years or life when there is one qualifying prior felony conviction (§ 12.42(b)). Two prior sequential felony convictions can bring a term of 25 to 99 years or life (§ 12.42(d)).
• Mandatory life: Certain repeat sex-offense convictions require life imprisonment when the conditions in § 12.42(c)(2) are met. Every prior conviction matters.

Registration is a separate consequence. Texas Code of Criminal Procedure art. 62.001 lists a violation of § 33.021 among registration offenses. Under art. 62.101, the duty ends at death only for certain listed offenses. This offense is not on that list, so the end date follows subsection (c). Exceptions in Subchapter I can change the answer.

How a Collin County Solicitation Case Usually Moves

A solicitation case usually moves from police contact or arrest to formal charges, evidence review, pretrial motions, and a decision about a plea or trial.

1. Police contact or arrest. Conditions of release may apply, and you should read them closely.
2. Formal charges and first court setting. The charge on paper may differ from what you were told.
3. Evidence review. The State’s file can arrive in stages, so review continues as new material comes in.
4. Pretrial motions. These can challenge how evidence was gathered, including the stop, the search, chat logs or the sting procedure.
5. Decision point. You choose among negotiation, a plea or trial. Each option has its own consequences.

No fixed timeline fits every case. The pace depends on the charge, the evidence and the court’s schedule.

How Is the Defense Built From the Evidence?

A defense starts by testing each element of the charge against the actual record.

• Messages in context: Who wrote each message, when, and what the other person said.
• Intent and knowledge: What you meant, and what you believed about the other person’s age.
• Identity and access: Who used the phone, account or device.
• Investigation gaps: Missing documentation, unclear warrants, or police procedures that don’t match the report.
• Entrapment: Only if an agent induced the conduct, not if the agent merely offered an opportunity.

Some mistakes can make a case harder. Talking to police without a lawyer, and deleting messages or accounts, can create new problems. Assuming a chat log speaks for itself can also mislead.

We review each option and its consequences so you can decide with full information. No lawyer can ensure a particular result, but a careful review shows what the evidence supports.

About Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

She leads the firm. Our team includes assistants and office staff who support her work and keep case files organized.

The firm handles sex crimes, online sex crimes, child sex crimes, aggravated sexual assault, aggravated assault and family violence cases across Collin County, Dallas-Fort Worth and Texas.

Questions About Solicitation Charges in Collin County

Can a solicitation charge be filed if no meeting happened?

Yes, for the meeting offense. Under § 33.021(d), it is not a defense that the meeting did not occur.

Does a conviction always require registration?

Registration depends on the exact offense and conviction. Article 62.001 lists § 33.021 among registration offenses, and article 62.101 sets how long the duty lasts.

Will an arrest appear on a background check?

Whether they affect a particular check depends on the check.

Should I speak with police before I speak with a lawyer?

Talk with a lawyer before answering detailed questions. Tell your lawyer everything, including messages and devices, so the defense has the full picture.

What should I bring to a first consultation?

Bring your charging papers, bond paperwork, court dates and any notices you received. Bring any messages or device information you already have.

Talk With Heather Barbieri About Your Collin County Case

A solicitation charge often arrives without warning. It can involve a family member or partner, and early decisions can shape what comes next.

Call (972) 424-1902 or send your case details. Heather Barbieri offers a free first consultation, with no obligation to continue.

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