Online Solicitation Lawyer Reveals 5 Actions That Can Land You in Jail

Online solicitation of a minor in Texas is a crime punishable by prison, hefty fines, and lifetime registration as a sex offender. As a former prosecutor and online solicitation criminal defense lawyer with over 25 years trial experience, we’ve narrowed down these 5 actions that can land you in jail. Few people realize the extent of online solicitation laws and how a suggestive message or arranging to meet online can trigger serious legal consequences and a lifetime of ruin.

According to the Texas Attorney General, one in seven young people reports having received unwanted sexual solicitations online. What does that mean for someone communicating digitally? It means that careless behavior, even a single ill-advised message, can expose you to harsh online solicitation penalties.

Online solicitation of a minor is a serious charge and it’s no place for a lightweight lawyer with little or no trial experience. Getting an online solicitation lawyer with years of trial experience on your side can make all the difference. Let’s take a closer look at Texas statutes, the specific behaviors that can land you in jail, and how to protect against charges under Texas solicitation law.

What Is Legally Considered Soliciting?

Texas law treats online solicitation as a serious crime, even when no physical meeting or contact ever takes place. While there are different types of online solicitation, there are three main factors that define soliciting under Texas law:

• Using electronic communication to contact a minor
• Making a request, suggestion, or offer related to sexual activity
• Showing intent to meet or persuade the minor to engage in that activity

Using Electronic Communication to Contact a Minor

This includes any form of digital messaging, such as texting, emailing, social media chats, or online gaming platforms. Even short or seemingly harmless conversations can fall under the law if they involve a person under 17 years old.

Making a Sexual Request or Offer

Texas solicitation law doesn’t require physical contact to consider the behavior criminal. Asking a minor to send a photo, describing a sexual act, or hinting at sexual interest can be enough to show intent.

Showing Intent to Meet or Persuade

Intent is often proven through chat logs, meeting plans, or repeated attempts to persuade. Even if the meeting never happens, the communication itself can lead to charges. Knowing these limits helps adults protect against charges and stay within the boundaries of lawful online communication.

What Is the Punishment for Online Solicitation in Texas?

Under Texas solicitation law, the punishment for online solicitation can be severe.

Online solicitation is usually charged as a third-degree felony. This level applies when an adult communicates online with a minor who is 14 or older. If the victim is younger than 14, or if the case involves sexual intent or meeting plans, the charge can increase to a second-degree felony.

A third-degree felony can lead to 2 to 10 years in prison, while a second-degree felony can bring 2 to 20 years. Both carry fines up to $10,000. Judges often consider the nature of the messages, the age of the victim, and any previous offenses when deciding the sentence.

A conviction for online solicitation can stay on your record for life. Most people must register as sex offenders, limiting housing options and employment opportunities.

Five Online Actions That Can Land You in Jail

Many people underestimate how quickly their online behavior can cross a legal line. Ignorance of the law won’t keep you out of jail either. Here are five common actions that can trigger online solicitation penalties and lead to serious consequences:

Sending Explicit Messages or Images to a Minor

Sending sexual or suggestive messages, photos, or videos to someone under 17 is considered online solicitation. Even one message can be enough to support a charge.

The law doesn’t require that you meet the person or make physical contact. The act of sending the message alone can show intent.

Requesting to Meet in Person

Arranging to meet a minor, even if the meeting never takes place, can lead to arrest. Law enforcement often conducts online operations where officers pose as minors. Agreeing to meet or suggesting a meeting spot is often used as proof of intent to commit a crime.

Role-Playing or “Joking” About Sexual Acts

Claiming that a message was meant as a joke or part of role-play rarely works as a defense. An experienced online solicitation lawyer can spot the holes in this kind of weak defense. Texas courts often view repeated or suggestive comments as clear evidence of sexual interest. Even if you didn’t plan to act on the statements, the law treats them seriously.

Pretending to Be a Minor to Gain Trust

Some adults create fake profiles and pose as teens to start conversations with minors. This behavior is illegal and considered deceptive communication under Texas solicitation law. It shows manipulation and intent, both of which increase the severity of the charge.

Using Social Media or Dating Apps to Contact Minors

Many online platforms make it easy to connect with people of any age. Messaging or friending minors on these platforms can lead to accusations of grooming or solicitation. Even public comments or direct messages can be used as evidence.

Frequently Asked Questions

Can An Officer Lie About Being a “minor”?

Yes. Texas solicitation law makes it illegal to believe you’re talking to a minor, even if the person turns out to be an undercover officer. Some believe they can claim “entrapment” as a valid defense. Entrapment can be difficult to prove and usually takes an experienced online solicitation attorney to determine if it’s applicable in a particular case.

What matters most is intent. If messages show an effort to meet or talk sexually with someone believed to be underage, charges can still apply. These cases often come from online sting operations designed to stop predators before contact happens.

Does Online Solicitation Require Explicit Photos or Videos?

No. Text alone can be enough for a charge. The law focuses on the intent behind the messages, not just the content.

Asking a minor to meet, hinting at sexual activity, or sending suggestive comments may qualify as solicitation. Images or videos can make the case stronger for prosecutors, but they aren’t required to file charges.

Sending strangers explicit messages is a bad idea anytime. This is especially dangerous with the advances in AI such as ChatGPT. AI tools can mimic humans and users can mistakenly confuse reality with make-believe or fake personas.

Can a Prior Criminal Record Increase Online Solicitation Penalties?

Yes. Prior offenses, especially those involving minors or electronic communication, can increase the severity of punishment.

A previous conviction may turn a third-degree felony into a second-degree one. Judges often impose longer prison terms for repeat offenders, and probation is much harder to obtain in those cases.

Criminal Defense Strategy in Texas

Online solicitation in Texas is treated as a serious crime with lasting penalties.

At Nonstopjustice PLLC, we fight to protect your freedom, future, and family. Led by former prosecutor Andrea M. Kolski, our team brings over 25 years of trial experience and a record of proven results in criminal and family law. From successful DWI defense to assault or custody disputes, we’re relentless advocates focused on one goal: winning for you.

Don’t trust your freedom and your future to just any lawyer. Get an experienced, time-tested online solicitation lawyer with an unmatched track record of success. Contact Andrea M. Kolski and her team at Nonstopjustice.com for a full case review.