Internet solicitation of a minor is a very serious crime. Many people don't realize that a person can be charged with internet solicitation even if they haven't made contact with an actual child. A substantial proportion of online solicitation charges come as a result of undercover police sting operations.
Typically, a law enforcement officer will pose as a 13 to 15 year-old girl or boy. The officer will set up an internet profile or enter a chat room and will then wait to be contacted by an adult who is seeking sexual interaction with a minor. The officer lets the relationship grow to the point where a face-to-face meeting is scheduled. At that meeting, the suspected sex offender is arrested.
The officer will have kept a log of all online interactions to use as evidence against the suspect.
Entrapment rules do apply to online stings. The officer is not allowed to initiate sexually-related conversations or propose engaging in sexual activity. Officers may not improperly induce a suspect to commit a crime.
Suspects Face State and Federal Charges
Online solicitation of a minor is both a state and a federal crime.
Under federal law, using the internet to entice a minor under age 18 to engage in sexual activity is a felony punishable by a minimum of ten years in prison. The maximum punishment for online solicitation is life imprisonment. The penalties are higher if the adult creates child pornography as a result of the act. Using the internet to send sexually explicit material to a minor under age 16 is also a federal felony, punishable by up to ten years in prison.
Texas sex crime law also makes online solicitation of a minor a felony. Under Texas law, an adult over age 17 who uses the internet to solicit a minor to engage in sexual conduct - with that adult or with another person - can be charged with a second degree felony. Second degree felonies are punishable by up to 20 years in prison and a $10,000 fine.
It is a third degree felony under Texas law to use the internet to send sexually explicit material to a minor. However, if the minor is under age 14 - or if the adult believes the recipient to be a minor under age 14 - the offense becomes a second degree felony.
The law surrounding internet sex crimes in Texas is quite complex and this article barely scratches the surface - as such this article should not be considered legal advice. However, this article does illustrate how internet sex crime charges need to be taken very seriously. If you've been charged with a Texas sex crime, contact an experienced criminal defense attorney who can help protect your future.
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