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        <title><![CDATA[online solicitation law - The Law Firm of Andrea M. Kolski]]></title>
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        <link>https://www.nonstopjustice.com/blog/tags/online-solicitation-law/</link>
        <description><![CDATA[Andrea M. Kolski's Website]]></description>
        <lastBuildDate>Wed, 04 Feb 2026 16:00:24 GMT</lastBuildDate>
        
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                <title><![CDATA[What Is Cyberstalking in Texas]]></title>
                <link>https://www.nonstopjustice.com/blog/what-is-cyberstalking-in-texas/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/what-is-cyberstalking-in-texas/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Wed, 04 Feb 2026 15:58:58 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Know Your Rights]]></category>
                
                    <category><![CDATA[Online Solicitation Prostitution]]></category>
                
                    <category><![CDATA[Social media law]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                    <category><![CDATA[Wrongly Accused]]></category>
                
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[criminal justice lawyer]]></category>
                
                    <category><![CDATA[online solicitation law]]></category>
                
                
                
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                <description><![CDATA[<p>Cyberstalking Charges in Texas Cyberstalking charges can be devastating and often confusing for anyone accused in Texas. A cyberstalking charge can threaten your freedom, reputation, and future. However, Recent studies suggest that ambiguous online behavior is frequently misinterpreted, which could lead to complex charges. These allegations can instantly damage your career, relationships, and personal life. Texas law treats&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<h1 class="wp-block-heading" id="h-cyberstalking-charges-in-texas">Cyberstalking Charges in Texas</h1>



<p><strong>Cyberstalking</strong> charges can be devastating and often confusing for anyone accused in Texas.  A cyberstalking charge can threaten your freedom, reputation, and future.  However, Recent studies suggest that <a href="https://link.springer.com/article/10.1007/s11417-025-09480-2#Sec11:~:text=Importantly%2C%20231%20(27.24%25)%20respondents%20indicated%20experiencing%20dating%20app-facilitated%20cyberstalking%20victimization%2C%20demonstrating%20that%20most%20respondents%20did%20not%20encounter%20cyberstalking%20victimization%20within%20dating%20app%20contexts." target="_blank" rel="noreferrer noopener">ambiguous online behavior</a> is frequently misinterpreted, which could lead to complex charges. These allegations can instantly damage your career, relationships, and personal life.</p>



<p></p>



<p></p>



<p>Texas law treats these accusations with extreme seriousness. With penalties ranging from heavy fines to jail time, having <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">aggressive legal defense</a> from the start is not optional–it’s essential for protecting your future. An <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced criminal defense attorney </a>protects your rights by investigating the allegations and building a strong defense strategy.  </p>



<h2 class="wp-block-heading" id="h-first-things-first-what-to-do-when-charged-with-cyberstalking">First Things First: What to Do When Charged with Cyberstalking?</h2>



<p>Your immediate actions will shape your entire case. <em><strong>Here are some recommendations on what to do if you’ve been charged with cyberstalking:</strong></em></p>



<h3 class="wp-block-heading" id="h-remain-silent">Remain Silent</h3>



<p>Resist the temptation to speak to law enforcement or investigators without your attorney present. even if you believe you’re completely innocent, anything you say can be misconstrued and used as evidence against you. Remain calm and respectful, then politely state that you are invoking your right to an attorney and will not answer questions.</p>



<h3 class="wp-block-heading" id="h-preserve-all-digital-evidence">Preserve All Digital Evidence</h3>



<p>It’s a mistake to delete emails, texts, social media messages, or digital files. Almost all digital files can be recovered by law enforcement and your actions can be seen as tampering with evidence or used against you.  <a href="/blog/guide-to-texas-laws-on-online-solicitation/"> Cyberstalking charges</a> and online crimes like <a href="/blog/guide-to-texas-laws-on-online-solicitation/">online solicitation</a> often hinge on preserved digital evidence, so don’t make any moves without talking to a lawyer. What you might view as harmful, your attorney could use to show context or lack of criminal intent. This evidence is crucial for building your cybercrime legal advice strategy.</p>



<h3 class="wp-block-heading" id="h-contact-a-cybercrime-defense-attorney-immediately">Contact a Cybercrime Defense Attorney Immediately</h3>



<p>Time is NOT on your side when facing charges of cyberstalking.  The sooner you get legal help, the better your odds. <a href="https://www.nonstopjustice.com/blog/how-do-i-find-the-best-criminal-lawyer-in-woodlands-tx/" target="_blank" rel="noreferrer noopener">Contact a defense attorney</a> who specializes in online crimes. Delaying allows the prosecution to build a stronger case while evidence grows cold. Your attorney needs to start defending cyberstalking charges right away.</p>



<h2 class="wp-block-heading" id="h-what-constitutes-cyberstalking-under-texas-law">What Constitutes Cyberstalking Under Texas Law?</h2>



<p>Understanding the charge is the first step in fighting it. Texas Penal Code § 42.07 defines the electronic communications that&nbsp;<a href="https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm" target="_blank" rel="noreferrer noopener">qualify as harassment</a>, commonly called cyberstalking.</p>



<p>The prosecution must prove you&nbsp;<em><strong>knowingly communicated by electronic means with the intent&nbsp;</strong></em>to harass, annoy, alarm, abuse, torment, or embarrass another person. This often requires showing a repeated pattern of behavior, not a single message.</p>



<p>Common examples include excessive messaging, posting threatening content online, spreading false information, or using technology to monitor someone without consent. The broad nature of the law makes skilled legal defense vital to challenge the prosecution’s interpretation.</p>



<h2 class="wp-block-heading" id="h-what-are-the-penalties-for-a-cyberstalking-conviction">What Are the Penalties for a Cyberstalking Conviction?</h2>



<p>The consequences are severe and life-altering. In Texas, cyberstalking is generally prosecuted as a Class B misdemeanor but can be enhanced based on specific factors.</p>



<ul class="wp-block-list">
<li><strong>Class B Misdemeanor:</strong> Up to 180 days in jail and a fine up to $2,000</li>



<li><strong>Class A Misdemeanor:</strong> Up to 1 year in jail and a fine up to $4,000 (if you have a prior conviction or the victim is under 18)</li>



<li><strong>State Jail Felony:</strong> 180 days to 2 years in state jail and a fine up to $10,000 (if a protective order was violated)</li>
</ul>



<h2 class="wp-block-heading" id="h-common-defense-strategies-in-cyberstalking-cases">Common Defense Strategies in Cyberstalking Cases </h2>



<p>There is no one-size-fits-all defense for cyberstalking.  Every case and situation is unique.  However, many cases have some common elements that can be considered for an effective defense.  An experienced cyberstalking attorney may start by scrutinizing details of the prosecution’s case. Here are some examples:</p>



<h3 class="wp-block-heading" id="h-challenge-the-element-of-intent">Challenge the Element of Intent</h3>



<p><strong><em>The state must prove you knowingly intended to harass</em></strong>. Your attorney can argue that your communications were misconstrued, part of a mutual conflict, or lacked any malicious purpose. Demonstrating a <a href="https://www.nonstopjustice.com/blog/when-lack-of-intent-can-win-your-case-what-it-means-in-texas-criminal-law/" target="_blank" rel="noreferrer noopener">lack of criminal intent </a>is a powerful defense.</p>



<h3 class="wp-block-heading" id="h-assert-first-amendment-protections">Assert First Amendment Protections</h3>



<p>Not all offensive or annoying speech is criminal. The First Amendment protects free speech. Your attorney can argue that your communications were protected expression and did not constitute true threats or unlawful harassment.</p>



<h3 class="wp-block-heading" id="h-question-the-evidence-and-credibility">Question the Evidence and Credibility</h3>



<p>Your attorney will scrutinize all digital evidence. They will look for issues with&nbsp;<a href="https://www.unesco.org/en/articles/balancing-privacy-and-justice-new-unesco-iap-guidelines-digital-evidence-collection" target="_blank" rel="noreferrer noopener">how evidence was collected</a>, potential fabrication, or a lack of concrete proof linking you to the alleged harassment. They will also investigate the accuser’s motives for making false or exaggerated claims.</p>



<h3 class="wp-block-heading" id="h-file-pretrial-motions-to-suppress-evidence">File Pretrial Motions to Suppress Evidence</h3>



<p>If law enforcement violated your rights during the investigation–such as through an illegal search–your attorney can file a motion to suppress that evidence. If successful, this can cripple the prosecution’s case and may lead to dismissed charges.</p>



<h2 class="wp-block-heading" id="h-get-help-from-a-legal-insider">Get Help From a Legal “Insider” </h2>



<p>Facing cyberstalking charges means facing a system designed to secure convictions. Knowing how the State builds a case and operates behind the scenes can make a huge difference when defending against cyberstalking charges.  As a former prosecutor, <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">Andrea Kolski </a>understands what happens behind the scenes and how to work the system to your advantage.</p>



<p><strong><em>Knowing how the other side builds its case, what evidence they value, and where their arguments are weak.</em></strong> This insider perspective allows for more effective negotiation and trial strategy. They can anticipate the prosecution’s moves and counter them aggressively from the start.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions">Frequently Asked Questions</h2>



<h3 class="wp-block-heading" id="h-can-charges-be-dropped-if-the-alleged-victim-recants">Can Charges Be Dropped If the Alleged Victim Recants?</h3>



<p>While a recantation can help, the state of Texas files the charges, not the individual. Prosecutors can proceed with other evidence. However, a skilled attorney can use a recantation as powerful leverage to negotiate for reduced or dismissed online harassment charges.</p>



<h3 class="wp-block-heading" id="h-will-i-get-a-protective-order-against-me">Will I Get a Protective Order Against Me?</h3>



<p>It is very likely. Judges often issue emergency protective orders upon arrest in these cases. Violating any protective order is a separate crime with immediate arrest consequences. Your attorney will advise you on strict compliance while fighting the underlying charge.</p>



<h3 class="wp-block-heading" id="h-what-if-the-evidence-is-only-online-messages">What If the Evidence Is Only Online Messages?</h3>



<p>Digital messages alone can form the basis of a case, but they also provide defense opportunities. Your attorney will analyze the context, frequency, and content to challenge the prosecution’s narrative. They may argue the messages do not meet the legal threshold for harassment or show they were provoked.</p>



<h3 class="wp-block-heading" id="h-how-long-will-my-case-take">How Long Will My Case Take?</h3>



<p>There is no specific timeline for cyberstalking cases.  Montgomery County courts are notoriously overburdened with prosecutors and judges juggling heavy workloads and backlogs of cases.  Because of this, cyberstalking cases can take from several months to over a year, depending on complexity and whether the case goes to trial. A skilled attorney knows how to use this time wisely and to your advantage by communicating with prosecutors, negotiating better circumstances, or presenting evidence that could lead to an outright dismissal.</p>



<h2 class="wp-block-heading" id="h-protect-your-future-with-an-experienced-cybercrime-defense-attorney">Protect Your Future With an Experienced Cybercrime Defense Attorney</h2>



<p>If you’re facing&nbsp;<strong>cyberstalking</strong>&nbsp;allegations, an aggressive defense attorney is your strongest ally. They will challenge the prosecution’s evidence, protect your constitutional rights, and fight relentlessly to preserve your freedom and reputation.</p>



<p><strong><em>For over 25 years, </em></strong>Montgomery county <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">defense attorney Andrea M. Kolski </a>has secured countless dismissals and favorable outcomes for clients facing serious charges. As a former prosecutor, she knows how to dismantle the state’s case from the inside out. At NonstopJustice, we never stop fighting for you and your future.   </p>



<p><a href="https://www.nonstopjustice.com/contact-us/" target="_blank" rel="noreferrer noopener">Contact us today</a>&nbsp;for a confidential consultation.</p>
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            <item>
                <title><![CDATA[Online Solicitation Law in Texas: What You Need to Know]]></title>
                <link>https://www.nonstopjustice.com/blog/solicitation-law-texas/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/solicitation-law-texas/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Sun, 13 Aug 2023 11:43:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Know Your Rights]]></category>
                
                    <category><![CDATA[Social media law]]></category>
                
                
                    <category><![CDATA[online solicitation attorney]]></category>
                
                    <category><![CDATA[online solicitation law]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/1b_FemalePhoneUser-300x200.jpg" alt="Female phone user" class="wp-image-33" srcset="/static/2024/03/1b_FemalePhoneUser-300x200.jpg 300w, /static/2024/03/1b_FemalePhoneUser.jpg 500w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>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 <a href="https://www.justice.gov/usao-sdtx/pr/local-man-charged-soliciting-sexual-images-minor-whatsapp" target="_blank" rel="noopener noreferrer">enticement of a minor</a> using WhatsApp on his smartphone. </p>



<p>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.</p>



<p>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.</p>



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



<h2 class="wp-block-heading" id="h-what-is-the-texas-online-solicitation-law">What Is the Texas Online Solicitation Law?</h2>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>The cost of an online solicitation conviction can be devastating. </p>



<h2 class="wp-block-heading" id="h-the-rise-of-undercover-police-operations">The Rise of Undercover Police Operations</h2>



<p>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.</p>



<p>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. </p>



<p>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. </p>



<p>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.</p>



<p>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. </p>



<p>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.</p>



<p>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.</p>



<h2 class="wp-block-heading" id="h-social-media-apps-make-solicitation-easier">Social Media Apps Make Solicitation Easier</h2>



<p>In the past, online solicitation of a minor in Texas wasn’t as easy. Nowadays, there are dozens and <a href="https://statisticsanddata.org/data/most-popular-social-media-in-history/" target="_blank" rel="noopener noreferrer">dozens of social media apps</a> that make it all too easy to communicate with minors whether you know they’re underage or not.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<h2 class="wp-block-heading" id="h-ways-to-protect-yourself">Ways to Protect Yourself</h2>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>For starters, your attorney should have <a href="/practice-areas/criminal-defense/" target="_blank" rel="noreferrer noopener">experience in criminal law</a>. 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.</p>



<p>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. </p>



<h2 class="wp-block-heading" id="h-don-t-be-trapped-by-texas-online-solicitation-law">Don’t Be Trapped By Texas Online Solicitation Law</h2>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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 <a href="/contact-us/">schedule a free case review.</a></p>
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                <title><![CDATA[Five Social Media Crimes You Didn’t Realize Were Illegal]]></title>
                <link>https://www.nonstopjustice.com/blog/five-social-media-crimes-you-didnt-realize-were-illegal/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/five-social-media-crimes-you-didnt-realize-were-illegal/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Fri, 11 Aug 2023 14:23:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                
                    <category><![CDATA[illegal content]]></category>
                
                    <category><![CDATA[illegal internet search]]></category>
                
                    <category><![CDATA[juvenile law]]></category>
                
                    <category><![CDATA[Know Your Rights]]></category>
                
                    <category><![CDATA[online illegal]]></category>
                
                    <category><![CDATA[online solicitation law]]></category>
                
                    <category><![CDATA[social media crime]]></category>
                
                    <category><![CDATA[Social media law]]></category>
                
                
                
                <description><![CDATA[<p>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. it’s estimated that Over 400&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/26_Phoneappuserpic-300x200.jpg" alt="Phone app user" class="wp-image-73" srcset="/static/2024/03/26_Phoneappuserpic-300x200.jpg 300w, /static/2024/03/26_Phoneappuserpic.jpg 500w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>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. </p>



<p>it’s estimated that <a href="https://www.getastra.com/blog/security-audit/cyber-crime-statistics/" target="_blank" rel="noopener noreferrer">Over 400 million people</a> become victims of everything from cyberbullying to social media crimes. Teens are often in the crosshairs of law enforcement when it comes to cyberbullying and social media misdeeds. </p>



<p>But 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 surprised when the the police come knocking at their door. </p>



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



<p>It may seem obvious which things you shouldn’t do online. <a href="/blog/the-different-types-of-online-solicitation-of-a-minor/" target="_blank" rel="noreferrer noopener">Solicitation of a minor</a> or making death threats are two common examples. But many may be surprised to learn that everyday, seemingly innocuous activities are actually grounds for legal penalties.</p>



<p>In this guide, we aim to discuss crimes on social media that are often confusing and many may not realize were illegal. Read on for five examples of things you should never do whether on Facebook, Twitter, or Instagram.</p>



<h2 class="wp-block-heading" id="h-1-social-media-crimes-include-using-copyrighted-material">1. Social Media Crimes Include Using Copyrighted Material</h2>



<p>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, what you have just done might be a crime.</p>



<p>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.</p>



<p>Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may <a href="https://blog.hootsuite.com/understanding-image-copyright/" target="_blank" rel="noopener noreferrer">need a chart</a> to help you determine if you can share or use an image.</p>



<p>Generally speaking, we recommend against posting an image, video, or song that is not your own. The owner of that material could take you to court and demand damages from you.</p>



<h3 class="wp-block-heading" id="h-are-there-exceptions-to-this-rule">Are There Exceptions to This Rule?</h3>



<p>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.</p>



<p>If we are being realistic, though, 99% of people my 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.</p>



<p>Be sure that any images or materials you post are not copyrighted. There are online services that provide non-copyrighted material and can help you avoid trouble with the law. </p>



<h2 class="wp-block-heading" id="h-2-providing-false-information">2. Providing False Information</h2>



<p>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. </p>



<p>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. </p>



<p>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. </p>



<p>However, this is against the law–and can land those they interact with online in real trouble. This is 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.</p>



<h2 class="wp-block-heading" id="h-3-impersonating-another-person">3. Impersonating Another Person</h2>



<p>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.</p>



<p>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. </p>



<p>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. </p>



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



<h2 class="wp-block-heading" id="h-4-recording-a-call-without-someone-s-consent">4. Recording a Call Without Someone’s Consent</h2>



<p>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.</p>



<p>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. </p>



<p>If for some reason you need to record a call, make sure you are adhering to Texas 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 then can have some stipulations depending on the type of recording. </p>



<h2 class="wp-block-heading" id="h-5-uploading-pictures-of-someone-without-consent">5. Uploading Pictures of Someone Without Consent</h2>



<p>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.</p>



<p>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, ask them for permission to post their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent.</p>



<h2 class="wp-block-heading" id="h-get-representation-with-non-stop-justice">Get Representation With Non Stop Justice</h2>



<p>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. </p>



<p>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, <a href="https://www.nonstopjustice.com/" target="_blank" rel="noopener noreferrer">Montgomery county criminal defense attorney Andrea M. Kolski</a> 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. <a href="/contact-us/">Contact us today</a> for a free case review. </p>
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                <title><![CDATA[What Is Online Solicitation and How Can an Online Solicitation Lawyer Help?]]></title>
                <link>https://www.nonstopjustice.com/blog/online-solicitation-lawyer/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/online-solicitation-lawyer/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 06 Dec 2021 12:30:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                
                    <category><![CDATA[online solicitation attorney]]></category>
                
                    <category><![CDATA[online solicitation law]]></category>
                
                
                
                <description><![CDATA[<p>The internet is the gateway to almost everything in our lives. Unfortunately, it is also a place where people can find themselves in legal trouble in just a few clicks. Online laws are intended to protect us from harm. The laws pertaining to minors and children are especially strict to insure they are protected from&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/76_computerkeyboardimage-300x200.jpg" alt="computer keyboard" class="wp-image-100" srcset="/static/2024/03/76_computerkeyboardimage-300x200.jpg 300w, /static/2024/03/76_computerkeyboardimage.jpg 500w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>The internet is the gateway to almost everything in our lives. Unfortunately, it is also a place where people can find themselves in legal trouble in just a few clicks. </p>



<p>Online laws are intended to protect us from harm. The laws pertaining to minors and children are especially strict to insure they are protected from predators or exposure to inappropriate content. While we all agree that protecting minors from harm should be a priority, the law can sometimes ensnare innocent people who are unaware they are doing wrong.</p>



<p>Online solicitation of a minor is a heavy charge leveled at those who attempt to persuade someone under the age of 16 to engage in sexual activity through the internet. The legal terms and definitions can be confusing and innocent people can wind up on the wrong side of the law without knowing it. </p>



<p>What should you do if you or a loved one is facing charges for illegal online activity? To prove your innocence and protect your rights, you need an online solicitation lawyer. Read on to learn more about online solicitation laws. </p>



<h2 class="wp-block-heading" id="h-what-is-online-solicitation-of-a-minor">What is Online Solicitation of a Minor?</h2>



<p>Many people assume they understand what is and what isn’t illegal on the internet or social media. However, the growing number of arrests for online crimes is proof that people, especially young people, are uninformed about online law. Of particular concern is the growing number of teens and young adults in legal trouble for their online activity. Online solicitation of a minor is one area where confusion still exists.</p>



<p>Online solicitation of a minor often has a broad definition but the legal concept is fairly straightforward. The basic idea is any action taken to elicit a sexual response with someone you believed to be a minor. </p>



<p>Smartphones, social media apps, and the internet has made connecting with others easier than ever. However, just because something is easy to use doesn’t mean it’s necessarily safe or secure. In today’s highly connected world, it’s all too easy to mistake someone or to say the wrong thing to the wrong person at the wrong time.</p>



<p>The best way to avoid making mistakes online is to understand the law and how it applies to online behavior. Knowing the definitions and keys to what you are facing is a powerful start. </p>



<h3 class="wp-block-heading" id="h-1-actions-of-online-solicitation">1. Actions of Online Solicitation</h3>



<p>There are a wide array of actions that can constitute online solicitation of a minor. To get an idea, it’s simpler to break them down into specific actions that fall under the legal definition of online solicitation of a minor.</p>



<p>First, exposing one’s own or another’s genitals to a minor can be considered online solicitation. Asking for a minor to expose their genitals or touch you in a sexual manner can also fall under this definition.</p>



<p>Any discussion or requests in doing any sexual acts of any shape or form, including intercourse, is an act of online solicitation. </p>



<p>Enticing a minor to enter your home or vehicle can elevate online solicitation to even more severe charges such <a href="/practice-areas/criminal-defense/possession-of-pornography/">as sexual assault</a>. </p>



<h3 class="wp-block-heading" id="h-2-official-definition-of-a-minor">2. Official Definition of a Minor</h3>



<p>The law is serious about protecting minors. It’s important to understand how the law defines “minor” and the exact wordings and usage.</p>



<p>A minor is a legal qualification that means a person or individual who is under the legal age of 18. The law is strict, so even those who are close to 18 are still a minor. </p>



<p>Proving one’s age can be difficult without valid ID or certified documentation. Documents can also be faked and this is especially true online. While it’s understandably difficult to prove the age of someone online, reasonable doubt is often a justification for the crime. If there is any doubt in your mind that the person may be a minor, take extreme caution when interacting and avoid any communication that could be interpreted as inappropriate. When it comes to online communication, you can never be too careful. </p>



<h3 class="wp-block-heading" id="h-3-the-alarming-growth-of-undercover-sting-operations">3. The Alarming Growth of Undercover Sting Operations</h3>



<p>In recent years, law enforcement has ramped up it’s efforts to catch people attempting to solicit minors online. Online sting operations are relatively inexpensive to conduct and pose fewer risks to officers compared to traditional patrols or criminal enforcement. So, it’s no surprise that a growing number of local law enforcement agencies across the country are conducting more and more online sting operations to catch potential predators. These online <a href="https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=242552" target="_blank" rel="noopener noreferrer">sting operation</a>s. work to locate individuals intending to engage in sexual conduct with minors.</p>



<p>The methods used by law enforcement are wide ranging. They can easily border on entrapment or infringe on one’s constitutional rights. However, proving a sting operation crossed the line can be difficult for the accused. Hiring a skilled criminal justice attorney with experience in online solicitation is likely your best chance of proving police misconduct. </p>



<p>Online sting operations can range from a sophisticated multi-departmental operation to a single officer working a local jurisdiction. These operations often involve a police officer or other official posing as a minor online. It’s legal for the police to use fake names, photos, or other methods in the course of their duties. They have no obligation to reveal their real identity or communicate with honesty. Even when asked directly, an undercover officer can deny they are affiliated with the police. </p>



<p>Oftentimes an undercover officer will engage the subject however long it takes to gather evidence for a case. Once law enforcement determines there has been enough evidence gathered to convict, the police can move to make the arrest.</p>



<p>Sting operations can cast a wide net in an attempt to catch potential predators. Depending on the type of operation and the tactics used, law enforcement can sometimes arrest people who may not be in the wrong.</p>



<h2 class="wp-block-heading" id="h-what-can-an-online-solicitation-lawyer-do">What Can an Online Solicitation Lawyer Do?</h2>



<p>Online solicitation charges are serious and the consequences can be devastating. Texas has some of the highest conviction rates in the nation while also maintaining some of the most overburdened courts. It’s a recipe for disaster if a defendant is unprepared or without skilled legal representation. No matter how you got into the situation, you need a good lawyer to help you get out. </p>



<p>Taking the wrong steps can lead you to life-altering consequences beyond jail time and significant fines. If convicted, individuals will typically have to register as sex offenders. This alone can destroy reputations and careers.</p>



<p>What can your lawyer do to protect you? Here are 4 common ways they can turn the case in your favor. </p>



<h3 class="wp-block-heading" id="h-1-ensuring-your-rights-are-protected">1. Ensuring Your Rights Are Protected</h3>



<p>With every criminal charge, there are rights that you always have as an American citizen. Understanding these rights can help even more so here as these are charges of information.</p>



<p>The right to remain silent is often forgotten when one is facing an arrest. This is especially true when an innocent person is wrongly accused, It’s understandable an innocent person will want to explain their side of the story. They hope that an explanation will help their cause. Unfortunately, this can often make things worse. </p>



<p>Beyond the right to remain silent, a criminal justice attorney can make sure all of your rights are protected and that the police didn’t infringe upon your rights during the course of their operation and arrest. There are rules that police must follow and usually it takes a savvy, experienced criminal justice attorney to uncover any missteps. Carefully reviewing the case and police records takes time and legal expertise but could make all the difference.</p>



<h3 class="wp-block-heading" id="h-2-gathering-the-right-evidence">2. Gathering the Right Evidence</h3>



<p>Evidence is crucial in all cases but especially in these types of cases. Text messages, emails, social media chats, images, and other digital information could be used for or against you in a case. An experienced lawyer will know how to navigate these tricky waters and handle this information with care.</p>



<p>Many people mistakenly believe that they can simply delete old messages, pictures, or other data from their phones, laptops, or social media accounts. It’s common for people facing online solicitation charges to panic and try to delete or erase what they think may be used against them. Unfortunately, almost all of your history and data can be recovered by law enforcement with relative ease. </p>



<p>Don’t make any moves with your data or online information without consulting an online solicitation attorney. Few people have the time and expertise to dissect an online solicitation charge. An online solicitation attorney will know what to look for and how to best position that information for your benefit. </p>



<p>A lawyer can also see potential areas of attack the prosecution may get from the evidence as well. A poor choice of words taken out of context can be damning, so an experienced online solicitation lawyer can provide the proper framing. </p>



<h3 class="wp-block-heading" id="h-3-avoid-representing-yourself">3. Avoid Representing Yourself</h3>



<p>It’s bad enough to be facing charges of online solicitation of a minor. The punishment is severe and can destroy your future. Don’t make it worse by going it alone. Representing yourself in court is often <a href="https://www.linkedin.com/pulse/7-reasons-why-you-should-represent-yourself-court-jay-wampler-esq-/" target="_blank" rel="noopener noreferrer">a dangerous move</a> . It’s especially risky when facing online solicitation charges or anything to do with minors.</p>



<p>No matter how much the truth is on your side, a court case is a matter of presentation, expertise, and experience. Our prisons are teeming with people who thought they could beat the system. Having a capable online solicitation lawyer by your side is your best chance at understanding your options, building a solid defense strategy, and crafting a presentation for the court. </p>



<p>Beyond the facts of the case, an experienced online solicitation lawyer can provide the court with a context of who you are as a person beyond this case. If your lawyer deems it beneficial, they may incorporate your family connections, work history, and other character traits in your defense. Having an experienced lawyer speak on your behalf is critical.</p>



<h3 class="wp-block-heading" id="h-4-breaking-down-complex-legal-situations">4. Breaking Down Complex Legal Situations</h3>



<p>When you’re the victim of a sting operation or similar circumstance, there are a lot of legal loopholes that bind you in court in the first place. Entrapment is a word thrown around a lot in these cases and a good lawyer will know how to use it.</p>



<p>The more your involvement in the crime is uncertain, the harder it can be to cut ties without risking pulling yourself in further. This is a very tricky line to walk but a skilled online solicitation lawyer should know the best course of action for your case. </p>



<h2 class="wp-block-heading" id="h-the-right-legal-defense-in-your-hour-of-need">The Right Legal Defense in Your Hour of Need</h2>



<p>Getting an online solicitation lawyer as soon as even the hint of charges come against you can save you a lot of frustration and damage. Even the charges of a sexual act with a minor can bring high levels of stress, anxiety, and strain on individuals and their families.</p>



<p>To get the best, you need to hire the best. The law firm of Andrea M. Kolski has successfully defended the accused for over 20 years. Andrea is highly respected by her peers and is a National Top 100 criminal justice lawyer. Her record of success is second to none. Andrea is committed to fighting for every clients rights and aggressively pursuing the best possible outcome regardless of the charges. To learn more about what we can do for you, <a href="/contact-us/">contact us today</a>! </p>
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                <title><![CDATA[What To Do When Charged With Online Solicitation]]></title>
                <link>https://www.nonstopjustice.com/blog/charged-with-online-solicitation/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/charged-with-online-solicitation/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 09 Aug 2021 10:02:47 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[online solicitation attorney]]></category>
                
                    <category><![CDATA[online solicitation law]]></category>
                
                
                
                <description><![CDATA[<p>The laws surrounding sexual crimes are serious but are often misunderstood by those who aren’t familiar with the judicial system. More than 18,000 sexual assaults were reported to Texas law enforcement agencies in 2019. It’s assumed the actual number of sexual offenses is much larger. In recent years, crimes related to online solicitation have skyrocketed.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/e8_whatissolicitationofaminor-300x200.jpg" alt="Arrested man" class="wp-image-146" srcset="/static/2024/03/e8_whatissolicitationofaminor-300x200.jpg 300w, /static/2024/03/e8_whatissolicitationofaminor-1024x682.jpg 1024w, /static/2024/03/e8_whatissolicitationofaminor-768x512.jpg 768w, /static/2024/03/e8_whatissolicitationofaminor-1536x1024.jpg 1536w, /static/2024/03/e8_whatissolicitationofaminor.jpg 2000w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>The laws surrounding sexual crimes are serious but are often misunderstood by those who aren’t familiar with the judicial system. <a href="https://www.dps.texas.gov/sites/default/files/documents/crimereports/19/cit2019.pdf" target="_blank" rel="noopener noreferrer">More than 18,000 sexual assaults</a> were reported to Texas law enforcement agencies in 2019. </p>



<p>It’s assumed the actual number of sexual offenses is much larger. In recent years, crimes related to online solicitation have skyrocketed. With easy access to the internet, users are often unaware their activity may get them into trouble. Anyone who uses the Internet needs to understand these laws and how to protect themselves.. </p>



<p>What is online solicitation? What penalties does a person face for it? What should you do when facing charges, and what defenses are there for online solicitation in Texas? </p>



<p>Answer these questions and you can avoid being convicted of a heinous crime. Here is your quick guide. </p>



<h2 class="wp-block-heading" id="h-learn-the-definition-of-online-solicitation">Learn the Definition of Online Solicitation </h2>



<p><a href="https://statutes.capitol.texas.gov/Docs/PE/htm/PE.33.htm%23:~:text%3D(c)%2520A%2520person%2520commits%2520an,will%2520engage%2520in%2520sexual%2520contact" target="_blank" rel="noopener noreferrer">Section 33.021</a> of the Texas Penal Code supplies the definition of online solicitation of a minor. It occurs when someone who is 17 years of age or older engages in a sexually explicit activity with someone younger than 17. </p>



<p>They may communicate in an explicit manner. The perpetrator may ask the minor to perform sexual activities, or they may describe sexual conduct at length. They may give the minor sexually explicit material, including pornography. </p>



<p>The person may arrange an in-person meeting so they can have sex with the minor. It does not matter if the meeting never happens. </p>



<p>Solicitation can occur through an email, chatroom, or social media post. The perpetrator can use a smartphone or computer. </p>



<h2 class="wp-block-heading" id="h-know-the-potential-penalties">Know the Potential Penalties </h2>



<p>Communicating a sexually explicit message or sending explicit materials is a third-degree felony. Third-degree felonies have a minimum prison sentence of two years and a maximum sentence of ten years. </p>



<p>The offense carries a second-degree weight if the minor was younger than 14. If the perpetrator believed the minor was younger than 14, it also counts as a second-degree crime.</p>



<p>If the solicitation was done to arrange an in-person sexual meeting, it becomes a second-degree felony. A second-degree felony carries a minimum sentence of two years, but a judge can give up a sentence of 20 years. </p>



<p>The judge may mandate additional penalties. They may ask that the perpetrator be registered on the sex offender registry. They may demand that they take classes or attend psychological therapy. </p>



<p>Other charges may accompany online solicitation. If the perpetrator receives sexually explicit photographs of the minor, they can get charged with child pornography. </p>



<h2 class="wp-block-heading" id="h-assess-the-situation">Assess the Situation</h2>



<p>You may be informed by the police that you have been charged with online solicitation. You may be very upset, but you should not panic. </p>



<p>Read the warrants that the police have for you. Look at your browser history and cellphone data and review what happened. </p>



<p>Do not delete any information off of your devices. The police do have ways to recover data, including text messages. It makes you look suspect if you delete anything.</p>



<p>Do not communicate with minors while you are facing charges. Under no circumstances should you reach out to the person alleging sexual misconduct. Stay off of the Internet as much as possible. </p>



<p>If you get arrested, do not fight back. Remain as calm as you can and state that you will invoke your right to remain silent. Keep in mind that you say your name if the police ask you to identify yourself. </p>



<p>If possible, say nothing whatsoever after you invoke your right. Even simple remarks like, “I never touched her,” may seem helpful but they can be incriminating. When you have questions, take them to a criminal defense attorney. </p>



<h2 class="wp-block-heading" id="h-hire-an-attorney">Hire an Attorney</h2>



<p>It is imperative that you hire a lawyer as soon as you hear of your charges. Prosecutors are very aggressive when it comes to sex offenses. You cannot handle a case on your own. </p>



<p>Spend some time considering different attorneys. Try to find someone with experience as a prosecutor and defense attorney. Having a well-rounded legal intelligence is essential to winning a solicitation case. </p>



<p>Give over your personal devices to your lawyer. Remember that everything you tell your attorney must remain completely confidential. They will not divulge anything that they find on your devices. </p>



<p>You should also give them a personal statement. This helps them create a narrative that they can use to explain the evidence in the courtroom. You do not have to testify if you do not want to. </p>



<p>Living under the weight of solicitation charges can be difficult. It’s important to try to live as normal a life as you can. Continue working if you have a job or occupy your time with healthy activities. Talk to a therapist if you have trouble living with your emotions. </p>



<h2 class="wp-block-heading" id="h-potential-defenses-if-you-ve-been-accused">Potential Defenses If You’ve Been Accused</h2>



<p>Entrapment is a common defense. Undercover police officers and activists pose as minors to catch predators. This can result in innocent people being trapped.</p>



<p>If you engaged with a police officer, your lawyer may be able to argue that they initiated the conversation. Without that, you would not have engaged in dialogue. An experienced lawyer could use this defense for a potential aquittal. </p>



<p>The <a href="https://www.nonstopjustice.com/blog/romeo-and-juliet-law-in-texas" target="_blank" rel="noopener noreferrer">Romeo and Juliet law</a> provides specific protections. Someone who is older than 17 can have sexual contact with a minor if they are less than three years older than them. If you fall under this law, you may have a defense. </p>



<p>Someone may have impersonated you or hacked into your account. Your lawyer can use computer data to show someone else communicated with the minor. Having an alibi that shows you were elsewhere can make a convincing case. </p>



<h2 class="wp-block-heading" id="h-fight-back-with-a-lawyer-s-help">Fight Back With a Lawyer’s Help</h2>



<p>Online solicitation of a minor is a serious crime. It involves communicating with minors over the Internet in a sexual manner. It can entail having an explicit conversation or exchanging pornographic materials. </p>



<p>The punishments are severe and if found guilty, you can face jail time for up to 20 years. Prosecutors can, and often will, tack on additional charges that will add time, fines, or other punishments. The consequences can ruin a life. </p>



<p>If you’ve been charged, don’t panic. Call a lawyer immediately and let them start building your defense. An experienced online solicitation lawyer can find ways to protect your rights and allow you to fight the charges. </p>



<p>You have the right to defend yourself and you also have the right to hire an attorney to represent your case. The Law Firm of Andrea M. Kolski serves Montgomery County and Houston residents charged with sex offenses. She has successfully defended hundreds of clients and won countless cases involving online solicitation, sex crimes, drug crimes, and other offenses. If you need an experienced winner in your corner, <a href="/contact-us/">Contact us</a> today. </p>
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