In Texas, solicitation of a minor is a third-degree felony that can be raised to a second-degree felony. In case of a conviction, the person can face up to 20 years in prison and a significant fine.

If you’ve been arrested for soliciting a minor, you must know your rights. Without proper defense, you could be facing a life-changing punishment. However, with an experienced criminal defense attorney on your side, you have an opportunity to fight for justice.

Understanding the solicitation of a minor child in Texas is key to making an educated decision about your future.

What Is a Solicitation of a Minor in Texas?

According to the Texas Penal Code Section 15.031, solicitation of a minor is a criminal offense.

• A minor in Texas is a person who is under 17 years of age or someone the person accused of the crime believes to be younger than 17
• Solicitation means asking, encouraging, or commanding

Solicitation happens when a person 17 years of age or older attempts to involve a minor in an illegal act, usually sexual activity. Some other examples of these acts are:

• Murder
• Kidnapping
• Indecency with a child
• Injury of a child, elderly, or disabled individual

The act doesn’t need to occur for the offense to take place.

Another way they can charge a person with solicitation of a minor is if they knowingly invite a child to meet themselves or another person to engage in illegal activity.

The solicitation can occur in any place, including the Internet. If a person attempts to get a minor to do something illegal online, they can also face charges. No matter which means of communication an adult uses to solicit a minor, the legal consequences are the same, even if the person never meets the child.

Online solicitation can occur if an individual uses email, forums, social media, or any other digital medium to convince a child to participate in illegal activity. These tools are often easier to track and use as evidence.

Penalties for Solicitation of a Child

Solicitation of a minor in Texas is a felony. They can charge a person convicted of solicitation of a minor in Texas for the first time with a third-degree felony. The punishment is no less than 2 and more than 10 years in prison, and a fine of up to $10,000.

However, if the minor is under 14 years, the charge can go up to the second-degree felony. This comes with a more significant penalty of between 2 and 20 years in prison and a $10,000 fine.

In addition, if they convict the person of sexual solicitation, they have to register as a sex offender. This comes with serious consequences, including:

• Travel Restrictions: When a person visits or moves to another county or state for more than a week, they must register with the local law enforcement agency.
• Residency Restrictions: A sex offender can’t live or visit a residency, which is within 500 feet of a child safety zone (e.g. schools, parks, playgrounds).
• Work Restrictions: Convicted sex offenders may not be able to get licensed or hired for positions in schools, medical facilities, and law firms.
• Internet Restrictions: If the person used the internet to commit the crime, they could face limited or prohibited internet access.

There can also be issues with renting apartments, taking out loans, and carrying a firearm.

Defenses in Solicitation of Minor Cases

The common defenses an experienced criminal defense attorney can attempt include:

• Lack of Intent: The defendant didn’t intend to solicit a minor. For example, the communications were not intended to result in criminal activity or were taken out of context.
• Entrapment: Showing that the idea and initiation of the criminal act came from law enforcement officers and that the defendant was not predisposed to commit the crime.
• Mistake of Age: An attorney can try to present evidence that the minor misrepresented their age, and the defendant had no reasonable way to discover their true age.
• Insufficient Evidence: The attorney can try demonstrating that the prosecution doesn’t have enough evidence to prove beyond a reasonable doubt that the defendant committed the offense.
• Absence of Solicitation: The conversations or actions in question don’t meet the legal definition of solicitation.
• Constitutional Violations: Filing motions to suppress evidence obtained through illegal searches or seizures, improper interrogation methods, or lack of Miranda warnings.
• Mental Incapacity: Presenting evidence of the defendant’s mental state, such as psychological evaluations, to show they couldn’t have intentionally solicited a minor.
• False Accusations: Investigating the accuser’s motives, looking for inconsistencies in their story, and presenting alibi evidence or other exculpatory information.

Depending on the situation, a criminal defense attorney can use a combination of different defenses to protect the defendant’s rights.

Steps to Take After Being Charged With Solicitation of a Minor

The first step to take after they arrest you for solicitation of a minor is to contact an experienced criminal defense attorney. Since the charge is serious, the stakes are high. Without proper representation, it’s easy to make mistakes that could make matters worse.

The faster you start working with an attorney, the more chances this attorney has to build a strong defense. Once you delegate your defense to a legal professional, the next step is to ensure seamless cooperation. Being straightforward, staying calm, and offering full collaboration can help you achieve the desired results.

Contact an Experienced Criminal Defense Attorney in Texas Today

Solicitation of a minor is a criminal charge that can put a person in federal prison for decades. Seek professional legal assistance if they charge you with this offense.

Kent Starr and his team have years of experience building successful defenses against solicitation allegations. They will fight hard to protect your rights. To schedule a free consultation, please contact us at any time.