Facing an online solicitation of a minor charge in Collin County?

If investigators say messages came from your account, you may wonder how that can be a crime. Charges involving online contact with a minor are serious, and we will review the messages and the circumstances with you. Account ownership is one fact, not the whole case. This guide explains the charge, the account evidence that often gets contested, and the first steps to take. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, serving Collin County, Dallas-Fort Worth and Texas.

What Is Online Solicitation of a Minor Under Texas Law?

Online solicitation of a minor is a felony under Texas Penal Code § 33.021. The law covers sexual messages to a minor, sent with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, and efforts to get a minor to meet for sex. The messages can be sent by email, text, or a commercial online service.

The law defines a minor as someone younger than 17, or someone the sender believes is younger than 17. That belief clause matters. Many cases start with an investigator posing as a teen online, and the statute reaches that belief.

Penalties depend on the subsection charged and the minor’s age:

• Soliciting a minor to meet for sexual contact is a second-degree felony.
• Sexually explicit messages or material sent to a minor are a third-degree felony. They become a second-degree felony if the minor is, or is believed to be, younger than 14.
• Punishment goes up one category if the conduct happens during school hours and the sender knew or should have known the minor was enrolled.

Under Texas Penal Code § 12.33, a person adjudged guilty of a second-degree felony faces imprisonment in the Texas Department of Criminal Justice for any term of not less than 2 years or more than 20 years. In addition to imprisonment, the court may impose a fine not to exceed $10,000. Under Texas Penal Code § 12.34, a person adjudged guilty of a third-degree felony faces imprisonment in the Texas Department of Criminal Justice for any term of not less than 2 years or more than 10 years. In addition to imprisonment, the court may impose a fine not to exceed $10,000. The meeting does not have to happen for a solicitation charge to apply.

A conviction has lasting effects. Under Penal Code § 33.021(b), 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 or other electronic message service or system, or through a commercial online service, intentionally communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor. Under Texas Code of Criminal Procedure Article 62.101(c), for many reportable convictions not covered by subsection (a), the duty to register ends on the 10th anniversary of the date the court dismisses the criminal proceedings and discharges the person, the date the person is released from a penal institution, or the date the person discharges community supervision, whichever date is later. A person convicted of, or placed on deferred adjudication for, an offense requiring sex offender registration cannot get an order of nondisclosure, under Texas Government Code § 411.074.

How Hacked or Shared Accounts Reach These Cases

Someone other than the account owner can send a message from that account. Investigators often start with the account holder, because the account is the first link they can see.

• Compromised accounts. Reused passwords, phishing messages, and saved logins on shared or public devices can let someone else sign in.
• Shared access. A family member, roommate, or partner may know a password or unlock a phone. Devices used by several people make the timeline harder to read.
• Impersonation. Fake profiles can use someone’s name, photos, or identifying details.

Tips about online child exploitation often reach investigators through reports. The NCMEC CyberTipline reviews reports of online enticement and refers them to law enforcement for possible investigation.

What the State Must Prove About Account Evidence

Owning an account does not, by itself, show who typed the words.

Under subsection (c), the State must show the sender knowingly solicited a minor over the Internet to meet, with intent that the minor would engage in sexual contact, sexual intercourse, or deviate sexual intercourse. Under subsection (b), the State must show the sender was 17 years of age or older and intended to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure. Those mental states come from the messages, the timing, and what the sender did next. Subsection (c) also has a narrow defense for a sender who was married to the minor, or who was not more than three years older and whose minor partner consented.

Entrapment is a separate issue. Under Texas Penal Code § 8.06, it is a defense if a law enforcement agent induced the conduct through persuasion or other means likely to cause the offense. Giving someone an opportunity to commit an offense is not entrapment.

Account evidence is often contested. Common items include IP and subscriber records, device identifiers, timestamps and time zones, forensic extractions, and the chain of custody. The same login record can point in different directions, depending on who had access and when. Each timeline needs careful review.

Defense Issues a Lawyer Reviews in Account Cases

A defense lawyer looks at who had access, what the devices show, how evidence was collected, and what the accused said. Those are the places where account cases often turn.

• Access and timeline. Who knew the password, where each device was, and whether the messages fit the accused person’s schedule.
• Forensic review. Whether the data shows logins from other devices, and whether an independent examiner should review the extraction.
• Search scope. Whether a warrant covered the devices and accounts taken, and whether agents stayed within it.
• Statements. Whether the accused spoke with investigators without a lawyer, and how those statements compare with the account records.
• Entrapment. Whether a fictional profile or sting led the accused to act, or only gave an opportunity.

The review shows which issues matter and what options exist once the evidence is known.

What to Do Now and What to Expect

Keep every device, account, and message as it is. Do not delete messages or accounts, and do not wipe or replace a phone or computer. Talk with Barbieri Law Firm before you answer investigators’ questions or agree to a search of a phone or account.

The process usually follows three steps:

1. Free initial consultation. This is confidential, with no obligation to continue. You describe the charge or investigation and what you know about the account.
2. Evidence review. The lawyer reviews charging papers, warrants, account and device records, and any statements already given.
3. Options and next steps. The lawyer explains your options and the next dates in the case.

Each stage, from investigation through charging, arraignment, discovery, and pretrial motions, runs on a schedule the case sets. You’ll be told the next date and step as it comes up.

How Barbieri Law Firm Handles These Cases

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

Founding attorney Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads the firm. The firm’s lawyers include Carrie Thomas, and the firm also has support staff. The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions About Hacked or Shared Account Charges