Online Solicitation of a Minor Defense Lawyer Texas
By Heather Barbieri · Published October 10, 2026
Online solicitation of a minor is a felony in Texas. The charge covers sexually explicit online communication with a minor and online solicitation of a minor to meet for sex. Penalties depend on the subsection charged, the minor’s age, and whether school hours were involved.
If you need an online solicitation of a minor defense lawyer Texas, Barbieri Law Firm handles these charges from its Frisco office. We serve clients in Collin County, Dallas-Fort Worth, and across Texas. You can schedule a free consultation to talk through your charge.
What Online Solicitation of a Minor Means Under Texas Law
In an online solicitation case, the specific content of the communications and the circumstances around them matter.
The statute defines a minor as someone younger than 17. It also covers someone the accused believes is younger than 17. That second part matters, because the accused’s belief about age can be central to the charge.
- Sexually explicit communication with a minor, or sending sexually explicit material to a minor, over the internet, by email or text, or through a commercial online service. The accused must act with intent to commit a listed sex offense.
- Knowingly soliciting a minor to meet another person, with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.
So, is it illegal to talk to a minor online? Every case turns on its own facts, including what was actually said and to whom. The question is whether the messages are sexually explicit or seek a meeting, and what the accused intended. Is soliciting a felony in Texas? Both main subsections are felonies. It is also not a defense to the meeting charge that the meeting never happened.
Penalties and the Factors That Change the Charge
Online solicitation of a minor is a felony, and the level can be third degree or second degree.
The sexually explicit communication offense is a third-degree felony. It becomes a second-degree felony if the minor is younger than 14, or if the accused believed the minor was younger than 14. The solicitation-to-meet offense is a second-degree felony (Texas Penal Code § 33.021).
These are the general felony ranges:
- Third-degree felony: a prison term of 2 to 10 years, plus a fine of up to $10,000.
- Second-degree felony: a prison term of 2 to 20 years, plus a fine of up to $10,000.
Punishment can move up to the next higher category if the offense happened during regular school hours and the accused knew or should have known the minor was enrolled in school.
Charging language matters. The complaint or indictment shows which subsection the State relies on, so we review that wording first. We can explain the possible penalties that may apply to your specific charge. No lawyer can promise how a specific case will end.
How Online Solicitation Cases Are Investigated
Most of these cases begin with online police work, and the evidence is usually digital.
Investigations of this kind often start with an undercover officer posing as a minor, a report from an online platform, or chat logs forwarded by a parent or school employee. The evidence often includes:
- Chat transcripts and screenshots
- Account and internet records obtained by warrant or subpoena
- Data pulled from phones and computers
- Sometimes recorded calls or in-person contact
How the contact started can matter. Entrapment is a defense when a law enforcement agent induces the conduct with persuasion or other means likely to cause the offense. Giving someone only an opportunity to commit an offense is not entrapment (Texas Penal Code § 8.06).
Early review matters. Statements to police, consent to phone searches, and the timing of warrants can shape which evidence the State relies on. Wrongful convictions do happen. The National Registry of Exonerations tracks causes that include false accusations and mistaken identification.
Age of Consent and Related Questions
A 17-year-old is not a “child” under Texas sexual assault law, but that does not settle the question of consent.
Texas defines a child as a person younger than 17 in the sexual assault statute (Texas Penal Code § 22.011). The online solicitation statute uses the same younger-than-17 line for a minor (Texas Penal Code § 33.021). Age questions are separate from the online offense, so each charge needs its own review.
Some related facts can come up in these cases:
- A profile that lists an adult age
- A minor who says they seemed older
- A claim that the messages were welcome
These points are fact-specific, and none of them ends the analysis by itself. A narrow defense exists for the solicitation-to-meet offense. Whether a statutory defense is available depends on the specific facts, including the ages of the people involved. We review age evidence, the message timeline, and the statutory definitions together.
How We Handle Your Case: Step by Step
Our process starts with a free consultation and moves through evidence review, with each step building on the last.
- Free initial consultation. Share the charge, court dates, bond papers, and any police documents. We explain what we can assess from that information.
- Protective steps. We review bond conditions and advise you on contact with the complainant, your devices, and social media.
- Evidence review. We go through chat logs, warrants, device extractions, and the investigation file. You receive a written explanation of your options.
- Pretrial work. This can include discovery requests, motions, and negotiation. Timelines vary by county, court docket, and how complex the digital evidence is.
- Ongoing updates. We explain decisions and costs before you commit. Flat fees and payment plans are available where offered.
Why Barbieri Law Firm for Online Solicitation Charges
Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas.
Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. This certification applies to her alone, not to the firm as a whole.
Each case gets its own review of the evidence and charging language. No lawyer can promise how a case will end, so we explain the facts and options before you decide. Anyone looking for an online solicitation of a minor defense lawyer Texas can start with a consultation.
Frequently Asked Questions
Is online solicitation of a minor a felony in Texas?
The statute makes it a felony, and the level depends on the subsection and the facts (Texas Penal Code § 33.021).
Can I be charged if the person I was messaging was an adult or an undercover officer?
Possibly. The charge depends on what the State can prove about intent and the accused’s belief about age, so each case needs its own review.
Should I talk to police without a lawyer?
Talk to a lawyer before any interview. Statements can shape which evidence the State relies on.
How long does an online solicitation case take?
No fixed timeline applies. Timing depends on the county, the court’s schedule, and how complex the digital evidence is.
What does the first consultation cost?
The initial consultation is free. We discuss fee options, including flat fees and payment plans where available, at that meeting.
Talk to Our Team About Your Charge Today
If you have a court date coming up, or police have already asked to speak with you about an online chat, you don’t have to sort this out alone. Call (972) 424-1902 to schedule your free consultation, or send your case details through our secure contact form. No lawyer can promise how a case will end, but we can review the evidence and explain your options.
Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.
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