Smartphones, laptops, and social media apps allow us instant communication and access to the internet virtually anywhere, anytime. But this technology comes at a price. Sometimes that price can mean unintentionally breaking the law. For example, a 61-year-old man from McAllen, Texas was recently arrested for coercion and enticement of a minor using WhatsApp on his smartphone.

Social media apps are a hornets nest of legal problems if users aren’t careful. While it’s important to protect the innocent from predators, more and more innocent people are finding themselves in serous legal jeopardy because of their online activity. Just ask the man from McAllen who could face life in prison if convicted. The laws relating to online solicitation in Texas are often confusing and with just a few clicks, one can easily break them if they aren’t aware of the details.

If you’re one of the 95% of Americans who use social media such as Facebook, Snapchat, Instagram Whatsapp, or the countless dating apps, you better know the line between what’s legal and what’s not. Otherwise you could face serious, life-altering legal consequences.

Keep reading to learn all about online solicitation law in Texas and what you can do to protect yourself.

What Is the Texas Online Solicitation Law?

Texas laws on online solicitation involve any adult who deliberately communicates with a minor in a way that’s considered sexually explicit. This could include what’s known as “sexting,” or sending lewd videos or images. If the communication describes or relates to sexual activity, then it could be considered a breach of the law.

This could be done through the internet, such as email, texting, or via a social media app. Aside from sending lewd communications, the soliciting law in Texas also takes attempts to meet up into consideration. For instance, if someone knowingly uses the internet or an app in an attempt to have sex with an underage individual in person.

It’s worth emphasizing the punishments are severe if a defendant receives a conviction. In Texas, this crime is categorized as a third-degree felony. This could come with up to a decade of prison time, along with a fine of $10,000.

Upon conviction, you’ll have to register as a sex offender after getting out of prison. This is often the harshest penalty of all. Sex offender registration can severely limit the places you can live and they types of jobs you can obtain. Many neighborhoods, communities, and cities throughout the state have strict zoning laws forbidding registered sex offenders. This restricts the areas where sex offenders can live to tiny, sometimes crime infested areas of the community.

The cost of an online solicitation conviction can be devastating.

The Rise of Undercover Police Operations

in Texas, police operations are pouring more and more resources into online undercover or sting operations. These efforts are intended to protect innocent minors and catch predators. They do this by making convincing accounts that represent underage boys or girls. These undercover operations can last months and involve many detailed strategies to make the accounts appear real.

These online police operations are likely to expand due to the low cost and low risk to the officers involved. It’s much easier, and cheaper, to logon to a laptop and engage a potential suspect than get out in the community in a patrol car.

Communities and taxpayers demand a return on their investment and this creates pressure on police departments to deliver arrests and convictions. When people are under pressure to perform, they make mistakes and sometimes willingly overstep their boundaries. Undercover police officers are no different and can easily infringe on an unsuspecting persons rights or employ illegal tactics to entrap them.

Undercover police officers will often reach out to unsuspecting users to entice them into potentially illegal activity. While entrapment is technically illegal, there are many gray areas that can easily be exploited by an aggressive undercover officer. These tactics are so common that you may have already been contacted by an undercover officer without even knowing it. Being aware of these practices can ensure that you don’t find yourself on the wrong side of the law.

People mistakenly believe an officer must identify themselves or avoid lying when engaging with a user. Nothing could be further from the truth. Additionally, undercover officers have access to skilled hackers, programmers, and highly advanced equipment that most users don’t. For most users, it’s nearly impossible to identify an undercover police officer online.

In addition to the undercover officers, these operations often employ men and women who can pass off as underage. These decoys will often say or do anything to lure an unsuspecting user into conversations or situations where they could break the law. This makes it that much more difficult to identify who you’re corresponding with.

We often think of sex offenders as creepy old guys sitting in a basement lurking online for innocent young victims. However, more often than not, sex offenders are young people in their late teens or early twenties who are barely “adults” themselves. These young adults often don’t understand the laws around online solicitation and usually don’t think they’re doing anything illegal. A brief exchange on a dating site or conversation through a social app can suddenly ruin their entire future.

Social Media Apps Make Solicitation Easier

In the past, online solicitation of a minor in Texas wasn’t as easy. Nowadays, there are dozens and dozens of social media apps that make it all too easy to communicate with minors whether you know they’re underage or not.

These include Whatsapp, TikTok, Instagram, Facebook, Reddit, and many other platforms. In most cases, once you send a message to another user, there’s no way to take it back. This means there’s a more or less permanent record of any exchanges you’ve had.

If you’re charged with online solicitation and then tried to delete messages, you could get an additional charge for destroying evidence or attempting to interfere with an investigation.

This is why you should always think twice or even three times before sending a message to anyone. This is especially crucial when you can never be too sure of someone’s real age. Plus, the person you’re messaging could end up being the police.

Ways to Protect Yourself

If you’re worried about being in breach of the laws relating to online solicitation in Texas, then it’s a good idea to do everything you can to protect yourself. One way you can do this is by ensuring that anyone you talk with in a sexual way is of legal age. Instead of taking their word for it, it’s always best to confirm by asking to see official identification.

With modern technology, it’s also quite easy to fake the date of birth on an ID. This is why it’s more secure to conduct a background check on an individual before engaging in any communication of a sexual nature.

If you’re arrested due to online solicitation accusations, then you should get legal representation as fast as possible. Despite the pressure involved, it’s important to find a lawyer who has the proper experience and know-how to handle your case. The last thing you’d want is to get convicted because your lawyer didn’t represent your case effectively enough.

For starters, your attorney should have experience in criminal law. It also goes a long way if they’ve dealt with similar online solicitation cases before. Although cases can differ by quite a bit, it’s still a good idea to ask about their track record so you can have a better idea of what your chances of winning are.

An illegal entrapment is one potential defense a lawyer can use. If the defendant and the minor had an official marriage certificate at the time, then that will also help the case. Another promising possibility is if the defendant received consent from the minor and was no more than three years older.

Don’t Be Trapped By Texas Online Solicitation Law

Now that you’ve learned all about the online solicitation law in Texas, you can ensure that you’re protected. If you’re accused of breaking the law, then it’s important to have proper legal representation. That will give you the best chance of winning the case.

Texas online solicitation laws and undercover operations are meant to protect the innocent and catch predators. However, the reality is many young people in their late teens and twenties get snagged in these efforts and it can ruin their future. The stigma of the creepy old guy stalking young girls online is rare. More often than not, it’s your neighbors 19 year old college student who finds themselves facing the brutal consequences of police sting operations and the harsh consequences of Texas sex offender laws.

Don’t let an online solicitation arrest ruin your life or the life of a loved one. Experienced online solicitation attorneys can defend your rights and use proven strategies to lessen charges or even get cases fully dismissed. Online solicitation attorney Andrea M. Kolski is a criminal defense attorney in The Woodlands, Texas and has a track record of success second to none. She has successfully won the most challenging online solicitation cases and protected the freedom of countless clients. With years of in-depth experience under her belt, she’s earned the respect of her peers and is considered among the best in the field.

If you or a loved one need legal help, don’t risk your future. Contact our office and start your legal defense today. Click here to schedule a free case review.

There’s a saying among criminal justice attorneys that “Everything on social media can and will be used against you.” While this may sound like a joke, the legal impact of social media use is no laughing matter.

Every year, the FBI records approximately 800,000 online cyber crimes. While we’re all glad when law enforcement cracks down on cyber crimes, more and more people, and especially teens, are finding themselves in legal trouble for misunderstanding the laws around cyber crime, social media, internet use, and other everyday platforms. Unfortunately, misunderstanding the law is no excuse when facing charges and the punishments are just as severe.

It’s estimated that Over 400 million people become victims of everything from cyberbullying to social media crimes. Unaware teens can find themselves in the crosshairs of law enforcement when it comes to online sex crimes, cyberbullying, and other social media misdeeds.

For many, the definition of “cyberbullying” and “social media” are vague and often confusing. Because of this, it’s easy to see why a growing number of people, young and old, are shocked when the the police come knocking at their door.

Online crimes are tricky to pin down at times. But make no mistake, crimes on social media have very real consequences just as severe as those in real life–and in some cases, even worse.

It may seem obvious which things you shouldn’t do online. Solicitation of a minor or making death threats are two common examples. But many may be surprised to learn that commonplace and seemingly innocuous activities can actually be grounds for legal penalties.

In this guide, we will discuss the five most common crimes on social media and how to insure you or a loved one doesn’t cross the line. Read on for five examples of things you should never do on Facebook, Twitter, Instagram, or any social media platform.

1. Social Media Crimes Include Using Copyrighted Material

Using copyrighted material can get you into hot water fast. Imagine one day you are Googling for a specific picture. You find one, save it, and then immediately publish it to your social media profile. Unless the image had a Creative Commons license, you may have unknowingly broken the law.

Copyright law is pretty straightforward: the creator of an image or video has the right to it. That means no one else has the right to use or profit from a particular image. The only way to do so is after having received explicit, written consent.

Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may need a chart to help you determine if you can share or use an image.

Generally speaking, we recommend against posting an image, video, or song that is not your own. If you decide to post licensed content on social media, be sure you’ve read and thoroughly understand the copyright license of that content and respect the protections of that legal license. If not, the owner of that material could take you to court and you could be on the hook for thousands, if not millions, of potential damages.

Are There Exceptions to This Rule?

There are exceptions but it’s best to err on the side of caution. One example of an exception is posting a friend’s picture, or one with a Creative Commons license. Further, you may not suffer any punishment for reposting a copyrighted image. The original poster would suffer the consequences in that situation.

There are many image, video, and music providers online that offer material for publication. Shutterstock, for example, allows users to pay a fee to reuse creative material from their site.

While most people may not realize they’ve posted copyrighted material, it becomes a serious issue when they make a profit off of it. For example, using a copyrighted song in a YouTube video or the image of a famous artist to promote your online business.

Be sure that any images or materials you post are not copyrighted. If so, look for online services that provide non-copyrighted material or other content free from license entanglements. A little bit of effort and careful planning can help you avoid trouble with the law.

2. Providing False Information

This is a very common occurrence that can land you in trouble. For example, visiting a website that has an age requirement, and lying about your age. Most people, especially minors, don’t realize this seemingly innocent action can land them in hot water.

Social media accounts like Facebook and Instagram have been making headlines recently for cracking down on fake profiles and other misleading information. It’s a crime to threaten harm or hurt people online, even with a fake account. Further, someone can be sued for defamation or other damages if they pretend to be someone else or causing damage to one’s reputation. Again, the laws are vague but the consequences can be very real.

This is especially the case when concerning crimes for minors. Teens or children may, for many reasons, label themselves as an adult in their profile.

However, this is against the law–and can land those they interact with online in real trouble. It’s especially true if they are using social media for dating. If a minor provides false information or a false age, they can face legal consequences. Further, the parents or guardians of that minor may also be liable depending on the situation and activities the minor was engaged in.

3. Impersonating Another Person

As mentioned above, it’s illegal to impersonate another person. However, parody accounts may be protected under free speech. Still, taking parody too far can lead to legal repercussions.

Using a fake ID in real life is illegal. Similarly, impersonating another person online can also be illegal. Parody accounts are acceptable, but there are specific rules and guidelines that must be followed to avoid crossing the line. For example, it must be blatantly clear that an account is a parody. How exactly one defines “blatantly clear” is anyone’s guess.

Law enforcement is an exception and often uses fake online profiles to track down cyber criminals or online predators. Online sting operations are a growing part of police work because they are cheap to conduct, pose little risk to the officers, and can provide a digital trail of evidence when or if an arrest is made.

Put simply, it’s best for most people to steer clear of impersonating another person online to avoid problems with the law.

4. Recording a Call Without Someone’s Consent

Perhaps, in order to gather evidence on a sketchy business or person, you record a Facebook or Instagram call with them. You do so secretly, without warning them. Your intention, after all, is to catch them in the act.

Texas is a one-party consent state. In other words, unless you are one of the parties on the call, you can’t record a conversation between two people without their consent. However, there are guidelines to how that recording may be used or submitted to a third party.

If for some reason you need to record a call, make sure you are adhering to Texas recording guidelines and don’t record calls or conversations of others without their consent. Public places, such as malls or sporting events, are often exempt from the privacy rules but even those situations can be illegal depending on the type of recording.

5. Uploading Pictures of Someone Without Consent

Your First Amendment rights allow you to take pictures of anyone you like in a public space. It’s only in places with a “reasonable expectation of privacy” where that is not the case. For example, on the premises of private property.

Say you go to a friend’s house for a party and take a picture of them or someone else there. If you don’t know them well, you should ask them for permission before posting their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent. Privacy laws are intended to protect us all and apply even with friends and family.

Facing charges? Get Experienced legal help

Social media laws continue to evolve and the confusion around what’s legal and illegal is common. In this article we briefly covered some common situations such as impersonating another person, providing false information about yourself, and profiting off copyrighted content. But this is just a small sample of the many laws surrounding social media and the legal issues that people in every community may face.

When it comes to online and social media use, it’s best to proceed with caution. However, if you or a loved one have found themselves on the wrong side of the law, such as online solicitation or other cyber crimes, Montgomery county criminal defense attorney Andrea M. Kolski has the experience and skills to insure your rights are protected. She’s been fighting and winning in Texas tough criminal courts for over 22 years. Andrea’s record of success is second to none. Contact us today for a free case review.