Defending Online Sex Crime Charges in Texas, Carefully and Confidentially

An online sex crime charge is a criminal case, and it moves on its own track. A custody or divorce case can be open about the same family at the same time. This page explains how the two can overlap, what a criminal defense covers, and where Barbieri Law Firm’s work stops. Barbieri Law Firm defends the criminal charge. It does not handle custody or divorce cases.

What Is an Online Sex Crime Charge When Family Court Is Also Open?

An online sex crime charge is a criminal accusation based on electronic messages, images, or accounts. The State brings it in criminal court, separate from any family case.

The two cases have their own judges, rules, and calendars. They can still involve the same phone, the same messages, and the same children. One case often moves faster than the other, so early planning matters.

A charge is only an accusation. Knowing what the State must show is the first step in deciding what comes next.

This page is written for the accused professional. It is also written for the spouse, partner, or relative helping make decisions while both cases are active.

Who This Criminal Defense Is For

This criminal defense is for Texas professionals accused of online sex crimes who also face a divorce, custody dispute, or other family court matter. It also serves the people close to them who need the criminal picture before making family decisions.

Typical readers include:

• A professional accused of online solicitation of a minor or of sexually explicit messaging over electronic means.
• A parent or partner who needs to understand the charge before taking positions in the family case.
• A person who has been contacted by investigators or has received a warrant, subpoena, or notice of an investigation.

Texas law covers a minor younger than 17. It also covers an individual the accused believes is younger than 17 (Texas Penal Code § 33.021). That means the charge can rest on a belief about age, not only on the person’s actual age.

Many online cases start with a task force investigation.

What the Criminal Defense Covers

The criminal defense covers the charge, the evidence, and the conditions that follow an arrest or release. A criminal defense lawyer reviews each of these before any decision is made.

• Charging papers. Review of the probable cause affidavit and charging documents, so you know what the State must show.
• Digital evidence. Review of messages, device contents, and account records, and how investigators collected them.
• Detective contact. Advice on any contact with investigators, explained before any statement is made.
• Penalties. Review of the charge level and the possible penalties.
• Bond terms. Review of bond conditions, so you know how each order fits the family court calendar.
• Case path. An explanation of how the case usually moves: pretrial, negotiation, and trial preparation.

Under § 33.021(f), an offense under Subsection (b), which covers communicating in a sexually explicit manner with a minor or distributing sexually explicit material to a minor, is a third-degree felony. It is a second-degree felony if the minor is younger than 14 or is an individual the actor believes to be younger than 14 at the time of the offense. Knowingly soliciting a minor over the Internet, by email, text, or a commercial online service, to meet for sexual contact under § 33.021(c) is a second-degree felony.

Under Texas Penal Code § 12.33, an individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years, and, in addition to imprisonment, may be punished by a fine not to exceed $10,000. Under Texas Penal Code § 12.34, an individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years, and, in addition to imprisonment, may be punished by a fine not to exceed $10,000.

Where the Criminal Case and the Family Case Overlap

The two cases overlap most at bond conditions, protective orders, and court records. Each one can limit contact with children, even before a family judge rules.

• Bond conditions. In certain cases, including family violence and sexual assault cases, a person commits a separate offense if, knowingly or intentionally and in violation of a condition of bond related to the safety of a victim or the safety of the community, the person does one of the acts the statute lists (Texas Penal Code § 25.07). That includes going to or near a residence, or a child-care facility or school where a protected child attends, when the order or bond condition specifically describes that place (Texas Penal Code § 25.07).
• Protective orders. Under § 25.07, it is an offense to communicate in any manner with a protected individual, except through the person’s attorney or a person appointed by the court, when the order prohibits any communication. If a protective order includes a prohibited-location condition, the court must describe each prohibited location and the minimum distance, if any, unless a request to keep the locations confidential has been received (Texas Code of Criminal Procedure art. 7B.005).
• Words in both cases. What you say in one case can matter in the other. Decisions about statements and testimony should be made with both cases in view.

This firm defends the criminal charge. Custody, divorce, and other family court matters are outside its criminal practice. Plan around that line from the start.

How the Process Works, Step by Step

The process starts with a confidential first consultation. It then moves through document review, a written plan, pretrial work, and resolution or trial preparation.

1. Confidential first consultation. You describe the charge, the investigation or arrest, and the family court dates you already have.
2. Document review. The firm reviews the affidavit, charging papers, bond paperwork, and any digital evidence you have. Then it lists what is still missing.
3. Case plan. The firm explains your options, the decisions you will need to make, and the order they usually come up.
4. Pretrial work. This covers bond issues, investigation, discovery requests, and communication with the prosecutor as the case allows.
5. Resolution or trial preparation. The firm explains each option, the likely next steps, and what each would mean for the family case.

The court, the county, and the evidence set the pace. After reviewing your file, the firm explains what to expect in your case.

Why Barbieri Law Firm Handles These Cases

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

• Founding attorney: Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.
• Lawyers: Heather Barbieri and Carrie Thomas, supported by the firm’s staff.
• Practice areas: online sex crimes, child sex crimes, sex crimes, aggravated sexual assault, aggravated assault, family violence, and theft defense for students and non-citizens.
• Confidentiality: Your information is handled as confidential.
• No promised outcome: No lawyer can promise how a case will end. The firm reviews the evidence, explains the charge, and lays out your options.

Common Questions About Online Sex Crime Charges and Family Court

A criminal charge does not decide a custody or divorce case on its own. The two proceedings run separately, but bond terms can limit contact with children.

Talk Through Your Charge With Barbieri Law Firm

If an online sex crime charge has arrived while a family case is moving, you did not choose this situation. You don’t have to sort it out alone. Bring the charge papers, bond paperwork, and family court dates you have. Then call (972) 424-1902 or send your case details through the contact form to schedule your first consultation.

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