Online Solicitation in Texas: Felony or Misunderstanding?

 Posted on September 23, 2025 in Sex Crimes

In today’s digital world, a conversation that begins with texting or chat rooms can quickly escalate into criminal charges if law enforcement suspects that online solicitation has occurred. Texas has some of the most severe solicitation laws in the country, particularly as they pertain to minors. A single online message, often with no physical meeting or contact, can result in felony charges that can alter your life forever.

Regarding minors, Texas Statute Section 33.021 of the Penal Code governs online solicitation. Texas online solicitation laws changed significantly in September 2015, when the definition of a minor for online solicitation was updated, and the "fantasy defense" was allowed after a prior statute was found unconstitutional. Today, any adult aged 17 or older who intentionally uses electronic communication to engage in sexually explicit conduct with a minor or distribute sexually explicit material to a minor can be charged with online solicitation.

The law also covers solicitation of a minor to meet in person for sexual activity. Notably, undercover officers posing as minors are treated the same way as actual minors. If you are facing charges of online solicitation, the sooner you speak to a knowledgeable Conroe, TX criminal defense lawyer, the better your outcome is likely to be.

How Serious are Charges of Online Solicitation in Texas?

Online solicitation of a minor in Texas is always a felony offense. The degree of the felony charged will depend on the specific conduct. If the online solicitation involves an intent for sexual contact, it will be charged as a second-degree felony. If the online solicitation involves sending explicit materials, the offense will be charged as a third-degree felony. A second-degree felony carries penalties of two to 20 years in prison, and a maximum fine of $10,000.  

A third-degree felony carries penalties of two to 10 years in prison and a maximum fine of $10,000. Additionally, a conviction for online solicitation can result in mandatory sex offender registration, potentially for life. Sex offender registration can dictate the remainder of a convicted offender’s life, including the ability to obtain employment and even where the individual can live.

How Online Solicitation Charges Are Often Made

A significant number of online solicitation charges are the result of Internet sting operations by law enforcement posing as minors. Chat rooms, social media platforms, and dating apps are monitored by law enforcement as they gather evidence that can include texts, images, and digital transcripts of online meetings. Even if no actual in-person meeting occurs, the words alone can be sufficient to support online solicitation charges. In past court rulings, some parts of the Texas statute were struck down as being overly broad, i.e., criminalizing non-sexual speech.   

What Are Some of the Most Common Defenses to Texas Online Solicitation Charges?

Texas statutes now allow the "fantasy defense" to charges of online solicitation, where the argument is that there was no actual intention of meeting. Other common defenses include:

• Lack of intent – A conviction for online solicitation requires the prosecution to prove beyond a reasonable doubt that the defendant had the specific intent to meet a minor for sexual activity. Communications that were misinterpreted or taken out of context can establish a lack of criminal intent.
• Mistake of age – If the defendant can prove he or she reasonably believed the person communicated with was an adult, this can be a viable defense, as age is often misrepresented online.   
• Insufficient evidence or unlawfully obtained evidence – Witness credibility may be questioned, along with the accuracy of digital communications. If the evidence was obtained illegally, it may be inadmissible in court.
• Mistaken identity – In some cases, another person used the defendant’s computer, phone, or wi-fi network to commit the criminal offense of online solicitation.

Contact a Montgomery County, TX Sex Crimes Lawyer

The consequences of a conviction for online solicitation can follow you for the remainder of your life. A skilled Conroe, TX criminal defense attorney from Pullan & Young will advocate zealously on your behalf. Clients benefit from the fact that Attorney Pullan was a former Assistant District Attorney, while Attorney Young was a former prosecutor. Call 936-647-1540 to schedule your free consultation.