Online Sex Crimes Defense for Collin County Professionals

What an Online Sex Crime Charge Means for Professionals in Collin County

An online sex crime charge can affect your job, license and reputation while the case is still open. This page explains online sex crimes defense Collin County professionals should understand before they decide anything.

If you’re reading this after a police contact, an arrest or a notice of investigation, you’re not alone. Many people search for answers on behalf of a spouse, a child or a coworker.

Texas law defines online solicitation of a minor in detail. Under Texas Penal Code § 33.021, a minor is someone younger than 17, or someone the accused believes is younger than 17.

For professionals, the case reaches beyond the courtroom. Employers, licensing boards, schools and clients may ask questions while the case is pending. Those questions often move at the same time as the criminal case.

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

What the Defense Covers

The defense covers the charges themselves, the paperwork behind them and the digital records the state relies on. Online sex crimes defense in Collin County starts with the exact statute the state is using.

• Subsection (c) is a second-degree felony.
• School-hours increase. Punishment can rise to the next higher category if it is shown at trial that the offense happened during regular primary or secondary school hours, and the accused knew or reasonably should have known the minor was enrolled in a primary or secondary school.
• Under § 33.021(e), it is a defense to prosecution under Subsection (c) that the accused was married to the minor, or was not more than three years older than the minor and the minor consented. Texas Penal Code § 33.021 reads: “(f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense.” The defense applies only to conduct described by Subsection (c) and does not reach the sexually explicit communication or distribution described in Subsection (b).
• Related charges. Texas also makes some electronic transmission of sexually explicit visual material a Class C misdemeanor under Penal Code § 21.19. Under § 21.19(d), if conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

Our team reviews the charging papers, the probable cause affidavit and the investigative file. We also test each online communication against the records. We look at who sent it, when, and whether the state can show the intent the statute requires.

The First 30 Days After an Arrest or Investigation

The first steps that matter most are staying quiet about the case and keeping every device intact. These steps protect your options before anyone reviews the file.

• Don’t discuss the case. Avoid talking with investigators, coworkers or anyone online until you’ve spoken with a lawyer. You decide what to say.
• Preserve everything. Keep phones, computers, tablets, accounts and messages as they are. Deleting material can create new problems.
• Write down what you remember. Note dates, who was present and what officers said. Share the notes with your lawyer, not on social media.
• Track court dates and bond terms. Booking may happen at a county jail, such as the Collin County Detention Facility. Bond conditions and court dates shape your next steps.

Texas judges have more than one option. Under Article 42A.102(b), in all other cases, the judge may grant deferred adjudication community supervision unless the offense or the defendant falls within one of the exceptions listed in that subsection. Article 42A.102(b)(4) separately addresses murder charges under Section 19.02, Penal Code, and does not govern an online solicitation charge. Except as provided by Article 42A.102(b), if in the judge’s opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, defer further proceedings and place the defendant on deferred adjudication community supervision under Texas Code of Criminal Procedure art. 42A.101.

Usually, the process starts with contacting the firm, then an initial consultation, a review of the paperwork, bond and court-date planning, and a discussion of your options.

How the Digital Evidence Is Reviewed

Digital evidence is reviewed one layer at a time, from the device to the message to the timing. Each layer can show something different.

• Devices and warrants. We review the phones, computers and tablets that were seized, and the search warrants that allowed the search.
• Extraction reports. Forensic reports show what was pulled from a device. We check whether the extraction is complete and whether messages are missing.
• Accounts and identity. Texas law defines an online identifier to include a nickname or pseudonym established by a person for use in connection with an email address, chat platform, commercial social networking site, or online picture-sharing service. So the real question is who actually used the account.
• Timing and metadata. We compare message timestamps with the rest of the timeline.
• Statements. Recorded interviews and consent forms are checked for what was asked, what was answered and what was written down.

Some online cases begin with a report, not a police visit. The National Center for Missing & Exploited Children says suspected online exploitation can be reported to its CyberTipline, which refers tips to law enforcement for possible investigation.

Our team reviews the evidence with you and explains the options that follow. No lawyer can assure how the evidence will be judged.

Protecting Your Career, License and Reputation

Your career questions turn on the exact charge, how the case ends and which records exist. Each one needs a case-by-case review.

• Registration. The registration definitions in Texas Code of Criminal Procedure Art. 62.001 list a violation of Section 33.021 (Online solicitation of a minor), Penal Code, among the offenses they cover. Whether registration applies depends on the charge and how it’s resolved.
• Nondisclosure. A person under an order of nondisclosure is not required to disclose the related criminal proceeding on a job, information or licensing application.
• Arrest records. Under art. 55A.151, a court may not order the expunction of records and files relating to an arrest for an offense for which a person is acquitted if that offense arose out of a criminal episode and the person was convicted of, or remains subject to prosecution for, at least one other offense occurring during that criminal episode.
• Written statements. Keep statements to employers and licensing bodies accurate. Ask a lawyer before you put anything in writing.

Our team reviews these questions alongside the criminal case for professionals in Collin County, Dallas-Fort Worth and across Texas.

Why Barbieri Law Firm for This Charge

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

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

The firm’s lawyers include Heather Barbieri and Carrie Thomas. Assistants and office staff support them.

The first meeting covers the charge, the paperwork you already have, the likely timeline and the questions you need answered before deciding anything. You leave that meeting knowing what comes next.

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

Questions to Answer Before You Decide

Most people facing this charge ask three things: whether to speak with investigators, whether the firm covers their county, and what a first meeting costs.

If a message investigation has reached you or someone you care about, you don’t have to sort it out alone. Call (972) 424-1902, schedule a consultation or send your case details through our contact page.