{"id":252,"date":"2026-10-12T23:16:14","date_gmt":"2026-10-12T23:16:14","guid":{"rendered":"https:\/\/35-229-99-24.nip.io\/?page_id=252"},"modified":"2026-10-12T23:16:14","modified_gmt":"2026-10-12T23:16:14","slug":"online-solicitation-of-a-minor-defense-lawyer-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-solicitation-of-a-minor-defense-lawyer-texas\/","title":{"rendered":"Online Solicitation of a Minor Defense Lawyer Texas"},"content":{"rendered":"\n<div class=\"wp-block-cover alignfull is-dark\" style=\"min-height:460px;aspect-ratio:unset;\"><span aria-hidden=\"true\" class=\"wp-block-cover__background has-secondary-background-color has-background-dim-60 has-background-dim\"><\/span><img decoding=\"async\" class=\"wp-block-cover__image-background\" alt=\"Computer workstations in a digital forensics lab display network analysis software beside chain-of-custody paperwork for seized devices.\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/computer-workstations-in-a-digital-forensics-lab-display-net-photo-1.jpg\"\/><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<h1 class=\"wp-block-heading has-base-color has-text-color\">Online Solicitation of a Minor Defense Lawyer Texas<\/h1><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:0.85rem;color:#6b7280;margin-bottom:1.5rem\">By Heather Barbieri \u00b7 Published October 10, 2026<\/p>\n\n<article lang=\"en\">\n\n\n<p>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&#8217;s age, and whether school hours were involved.<\/p>\n<p>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 <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">schedule a free consultation<\/a> to talk through your charge.<\/p>\n<h2>What Online Solicitation of a Minor Means Under Texas Law<\/h2>\n<p>In an online solicitation case, the specific content of the communications and the circumstances around them matter.<\/p>\n<p>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&#8217;s belief about age can be central to the charge.<\/p>\n<ul>\n<li>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.<\/li>\n<li>Knowingly soliciting a minor to meet another person, with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.<\/li>\n<\/ul>\n<p>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.<\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/close-up-of-an-ink-pad-fingerprint-card-and-case-documents-o-photo.jpg\" alt=\"Close-up of an ink pad, fingerprint card, and case documents on a desk, suggesting forensic or criminal investigation work.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Penalties and the Factors That Change the Charge<\/h2>\n<p>Online solicitation of a minor is a felony, and the level can be third degree or second degree.<\/p>\n<p>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 (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Texas Penal Code \u00a7 33.021<\/a>).<\/p>\n<p>These are the general felony ranges:<\/p>\n<ul>\n<li><strong>Third-degree felony:<\/strong> a prison term of 2 to 10 years, plus a fine of up to $10,000.<\/li>\n<li><strong>Second-degree felony:<\/strong> a prison term of 2 to 20 years, plus a fine of up to $10,000.<\/li>\n<\/ul>\n<p>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.<\/p>\n<p>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.<\/p>\n<h2>How Online Solicitation Cases Are Investigated<\/h2>\n<p>Most of these cases begin with online police work, and the evidence is usually digital.<\/p>\n<p>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:<\/p>\n<ul>\n<li>Chat transcripts and screenshots<\/li>\n<li>Account and internet records obtained by warrant or subpoena<\/li>\n<li>Data pulled from phones and computers<\/li>\n<li>Sometimes recorded calls or in-person contact<\/li>\n<\/ul>\n<p>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 (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\">Texas Penal Code \u00a7 8.06<\/a>).<\/p>\n<p>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 <a href=\"https:\/\/www.law.umich.edu\/special\/exoneration\/Pages\/about.aspx\">National Registry of Exonerations<\/a> tracks causes that include false accusations and mistaken identification.<\/p>\n<h2>Age of Consent and Related Questions<\/h2>\n<p>A 17-year-old is not a &#8220;child&#8221; under Texas sexual assault law, but that does not settle the question of consent.<\/p>\n<p>Texas defines a child as a person younger than 17 in the sexual assault statute (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\">Texas Penal Code \u00a7 22.011<\/a>). The online solicitation statute uses the same younger-than-17 line for a minor (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Texas Penal Code \u00a7 33.021<\/a>). Age questions are separate from the online offense, so each charge needs its own review.<\/p>\n<p>Some related facts can come up in these cases:<\/p>\n<ul>\n<li>A profile that lists an adult age<\/li>\n<li>A minor who says they seemed older<\/li>\n<li>A claim that the messages were welcome<\/li>\n<\/ul>\n<p>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.<\/p>\n<h2>How We Handle Your Case: Step by Step<\/h2>\n<p>Our process starts with a free consultation and moves through evidence review, with each step building on the last.<\/p>\n<ol>\n<li><strong>Free initial consultation.<\/strong> Share the charge, court dates, bond papers, and any police documents. We explain what we can assess from that information.<\/li>\n<li><strong>Protective steps.<\/strong> We review bond conditions and advise you on contact with the complainant, your devices, and social media.<\/li>\n<li><strong>Evidence review.<\/strong> We go through chat logs, warrants, device extractions, and the investigation file. You receive a written explanation of your options.<\/li>\n<li><strong>Pretrial work.<\/strong> This can include discovery requests, motions, and negotiation. Timelines vary by county, court docket, and how complex the digital evidence is.<\/li>\n<li><strong>Ongoing updates.<\/strong> We explain decisions and costs before you commit. Flat fees and payment plans are available where offered.<\/li>\n<\/ol>\n<h2>Why Barbieri Law Firm for Online Solicitation Charges<\/h2>\n<p>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.<\/p>\n<p>Heather Jean Barbieri, Board Certified, Criminal Law &#8212; Texas Board of Legal Specialization. This certification applies to her alone, not to the firm as a whole.<\/p>\n<p>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.<\/p>\n<h2>Frequently Asked Questions<\/h2><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>Is online solicitation of a minor a felony in Texas?<\/summary><p>The statute makes it a felony, and the level depends on the subsection and the facts (<a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Texas Penal Code \u00a7 33.021<\/a>).<\/p><\/details><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>Can I be charged if the person I was messaging was an adult or an undercover officer?<\/summary><p>Possibly. The charge depends on what the State can prove about intent and the accused&#8217;s belief about age, so each case needs its own review.<\/p><\/details><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>Should I talk to police without a lawyer?<\/summary><p>Talk to a lawyer before any interview. Statements can shape which evidence the State relies on.<\/p><\/details><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>How long does an online solicitation case take?<\/summary><p>No fixed timeline applies. Timing depends on the county, the court&#8217;s schedule, and how complex the digital evidence is.<\/p><\/details><details class=\"wp-block-details chg-faq is-layout-flow wp-block-details-is-layout-flow\"><summary>What does the first consultation cost?<\/summary><p>The initial consultation is free. We discuss fee options, including flat fees and payment plans where available, at that meeting.<\/p><\/details>\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/computer-forensics-workspace-with-imaging-equipment-hard-dri-photo.jpg\" alt=\"Computer forensics workspace with imaging equipment, hard drives in evidence bags, and digital evidence documentation.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Talk to Our Team About Your Charge Today<\/h2>\n<p>If you have a court date coming up, or police have already asked to speak with you about an online chat, you don&#8217;t have to sort this out alone. Call (972) 424-1902 to schedule your free consultation, or send your case details through our <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">secure contact form<\/a>. No lawyer can promise how a case will end, but we can review the evidence and explain your options.<\/p>\n<p><strong>Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.<\/strong><\/p>\n\n<\/article>\n<footer class=\"disclaimer\"><em>Barbieri Law Firm, 17 Cowboys Way, Suite 175, Frisco, TX 75034. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Results listed are not a guarantee or indication of future case results.<\/em><\/footer>\n\n\n<div class=\"wp-block-group alignfull has-base-color has-primary-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-4d466591 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--primary,#20242e);color:var(--wp--preset--color--base,#ffffff);padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center has-base-color has-text-color\">Ready to take the next step?<\/h2>\n<div class=\"wp-block-buttons is-content-justification-center is-layout-flex wp-container-core-buttons-is-layout-0aa01211 wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Facing an online solicitation of a minor charge in Texas? Learn how Penal Code 33.021 works, the possible felony levels, and how Barbieri Law Firm can help.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"chg_review":"{\"v\": 1, \"checked_at\": \"2026-10-10T15:40:49+00:00\", \"checked\": true, \"jurisdiction\": \"Texas\", \"claims\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; \u2026\", \"sentence\": \"Online solicitation of a minor is a felony in Texas.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"knowingly solicits a minor to meet another person\", \"law_text\": \"\u2026 (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. (c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person. (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"communicates in a sexually explicit manner with a minor\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"The charge covers sexually explicit online communication with a minor and online solicitation of a minor to meet for sex.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"the actor committed the offense during regular public or private primary or secondary school hours\", \"law_text\": \"\u2026 An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; and (2) the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense. (g) 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, the other law, or both.\"}], \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. \u2026\", \"sentence\": \"Penalties depend on the subsection charged, the minor's age, and whether school hours were involved.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"an individual who is younger than 17 years of age\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. \u2026\", \"sentence\": \"The statute defines a minor as someone younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"an individual whom the actor believes to be younger than 17 years of age\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. (3) \\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. \u2026\", \"sentence\": \"It also covers someone the accused believes is younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"an individual whom the actor believes to be younger than 17 years of age\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. (3) \\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. \u2026\", \"sentence\": \"That second part matters, because the accused's belief about age can be central to the charge.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"distributes sexually explicit material to a minor\", \"law_text\": \"\u2026 (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"communicates in a sexually explicit manner with a minor\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"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.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (3) \\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. (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 or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"The accused must act with intent to commit a listed sex offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (2) distributes sexually explicit material to a minor. (c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person. (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; \u2026\", \"sentence\": \"Knowingly soliciting a minor to meet another person, with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"\\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. (3) \\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. \u2026\", \"sentence\": \"The question is whether the messages are sexually explicit or seek a meeting, and what the accused intended.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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. An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"Both main subsections are felonies.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. \u2026\", \"sentence\": \"It is also not a defense to the meeting charge that the meeting never happened.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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. An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"Online solicitation of a minor is a felony, and the level can be third degree or second degree.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (b) is a felony of the third degree\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. \u2026\", \"sentence\": \"The sexually explicit communication offense is a third-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"It becomes a second-degree felony if the minor is younger than 14, or if the accused believed the minor was younger than 14.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; \u2026\", \"sentence\": \"The solicitation-to-meet offense is a second-degree felony (Texas Penal Code \u00a7 33.021).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.34\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.34\", \"cite\": \"Texas Penal Code \u00a7 12.34\", \"heading\": \"THIRD DEGREE FELONY PUNISHMENT\", \"support\": \"In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\", \"law_text\": \"Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) 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. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.34\", \"heading\": \"THIRD DEGREE FELONY PUNISHMENT\", \"support\": \"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.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) 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. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Third-degree felony:** a prison term of 2 to 10 years, plus a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) 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. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"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.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) 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. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Second-degree felony:** a prison term of 2 to 20 years, plus a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; and (2) the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense. \u2026\", \"sentence\": \"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.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\", \"cite\": \"Texas Penal Code \u00a7 8.06\", \"heading\": \"ENTRAPMENT\", \"support\": \"It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section \\\"law enforcement agent\\\" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.\", \"sentence\": \"Entrapment is a defense when a law enforcement agent induces the conduct with persuasion or other means likely to cause the offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\", \"cite\": \"Texas Penal Code \u00a7 8.06\", \"heading\": \"ENTRAPMENT\", \"support\": \"Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section \\\"law enforcement agent\\\" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.\", \"sentence\": \"Giving someone only an opportunity to commit an offense is not entrapment (Texas Penal Code \u00a7 8.06).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"\\\"Child\\\" means a person younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (c) In this section: (1) \\\"Child\\\" means a person younger than 17 years of age. (1-a) \\\"Consent\\\" has the meaning assigned by Section 1.07. (2) \\\"Spouse\\\" means a person who is legally married to another. (3) \\\"Health care services provider\\\" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; \u2026\", \"sentence\": \"A 17-year-old is not a \\\"child\\\" under Texas sexual assault law, but that does not settle the question of consent.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"\\\"Child\\\" means a person younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (c) In this section: (1) \\\"Child\\\" means a person younger than 17 years of age. (1-a) \\\"Consent\\\" has the meaning assigned by Section 1.07. (2) \\\"Spouse\\\" means a person who is legally married to another. (3) \\\"Health care services provider\\\" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; \u2026\", \"sentence\": \"Texas defines a child as a person younger than 17 in the sexual assault statute (Texas Penal Code \u00a7 22.011).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"an individual who is younger than 17 years of age\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. \u2026\", \"sentence\": \"The online solicitation statute uses the same younger-than-17 line for a minor (Texas Penal Code \u00a7 33.021).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. \u2026\", \"sentence\": \"A narrow defense exists for the solicitation-to-meet offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"the actor was not more than three years older than the minor and the minor consented to the conduct.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. \u2026\", \"sentence\": \"Whether a statutory defense is available depends on the specific facts, including the ages of the people involved.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (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. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"The statute makes it a felony, and the level depends on the subsection and the facts (Texas Penal Code \u00a7 33.021).\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(B) an individual whom the actor believes to be younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) \\\"Sexual contact,\\\" \\\"sexual intercourse,\\\" and \\\"deviate sexual intercourse\\\" have the meanings assigned by Section 21.01. (3) \\\"Sexually explicit\\\" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. \u2026\", \"sentence\": \"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.\"}], \"languages\": [{\"code\": \"en\", \"post_id\": 252}]}","chg_sendback":"","chg_canonical":"","chg_lang":"","chg_hreflang":"","chg_jsonld":"[{\"@id\": \"https:\/\/barbierilawfirm.com\/online-solicitation-of-a-minor-defense-lawyer-texas\/#service\", \"url\": \"https:\/\/barbierilawfirm.com\/online-solicitation-of-a-minor-defense-lawyer-texas\/\", \"name\": \"Online Solicitation of a Minor Defense\", \"@type\": [\"Service\", \"FAQPage\"], \"about\": [{\"name\": \"Online solicitation of a minor\", \"@type\": \"Thing\"}, {\"name\": \"Texas Penal Code Section 33.021\", \"@type\": \"Thing\"}], \"@context\": \"https:\/\/schema.org\", \"audience\": {\"@type\": \"Audience\", \"audienceType\": \"Adults in Texas who have been arrested, charged, or are under investigation for online solicitation of a minor, and their family members\"}, \"provider\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"speakable\": {\"@type\": \"SpeakableSpecification\", \"cssSelector\": [\"article > p:first-of-type\", \".wp-block-details p\", \"article > h1\"]}, \"areaServed\": [{\"name\": \"Collin County, Texas\", \"@type\": \"AdministrativeArea\"}, {\"name\": \"Dallas-Fort Worth Metroplex\", \"@type\": \"AdministrativeArea\"}, {\"name\": \"Texas\", \"@type\": \"AdministrativeArea\"}], \"description\": \"Information about the Texas online solicitation of a minor offense under Penal Code Section 33.021, answers to common questions about felony classification, investigation methods, age-related issues, and the step-by-step process for defending these charges.\", \"serviceType\": \"Criminal defense for online solicitation of a minor charges under Texas Penal Code Section 33.021\", \"author\": {\"@type\": \"Person\", \"name\": \"Heather Barbieri\", \"url\": \"https:\/\/www.barbierilawfirm.com\/attorneys\/heather-barbieri\/\", \"jobTitle\": \"Founding Attorney, Board Certified in Criminal Law, Texas Board of Legal Specialization\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\", \"https:\/\/www.linkedin.com\/in\/heather-barbieri-3880184\", \"https:\/\/www.avvo.com\/attorneys\/75034-tx-heather-barbieri-1771243.html\"]}, \"publisher\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"reviewedBy\": {\"@type\": \"Person\", \"name\": \"Carrie Thomas\", \"jobTitle\": \"Managing Attorney\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\"]}, \"inLanguage\": \"en\", \"mainEntity\": [{\"@type\": \"Question\", \"name\": \"Is online solicitation of a minor a felony in Texas?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"The statute makes it a felony, and the level depends on the subsection and the facts (Texas Penal Code \u00a7 33.021).\"}}, {\"@type\": \"Question\", \"name\": \"Can I be charged if the person I was messaging was an adult or an undercover officer?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"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.\"}}, {\"@type\": \"Question\", \"name\": \"Should I talk to police without a lawyer?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"Talk to a lawyer before any interview. Statements can shape which evidence the State relies on.\"}}, {\"@type\": \"Question\", \"name\": \"How long does an online solicitation case take?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"No fixed timeline applies. Timing depends on the county, the court's schedule, and how complex the digital evidence is.\"}}, {\"@type\": \"Question\", \"name\": \"What does the first consultation cost?\", \"acceptedAnswer\": {\"@type\": \"Answer\", \"text\": \"The initial consultation is free. We discuss fee options, including flat fees and payment plans where available, at that meeting.\"}}]}, {\"@context\": \"https:\/\/schema.org\", \"@type\": \"BreadcrumbList\", \"itemListElement\": [{\"@type\": \"ListItem\", \"position\": 1, \"name\": \"Home\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/\"}, {\"@type\": \"ListItem\", \"position\": 2, \"name\": \"Online Solicitation of a Minor Defense Lawyer Texas\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/online-solicitation-of-a-minor-defense-lawyer-texas\/\"}]}]","chg_meta_description":"Facing an online solicitation of a minor charge in Texas? Learn how Penal Code 33.021 works, the possible felony levels, and how Barbieri Law Firm can help.","footnotes":""},"class_list":["post-252","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/252","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/comments?post=252"}],"version-history":[{"count":1,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/252\/revisions"}],"predecessor-version":[{"id":253,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/252\/revisions\/253"}],"wp:attachment":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/media?parent=252"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}