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<\/h2>\n<\/h2>\nArrests for Sex Offenses are on the rise in many communities. Sex Offenses are very serious charges and require immediate attention to preserve evidence and limit the devastating consequences a defendant may face.<\/p>\n
Texas is the first in the country to punish sex buyers with felonies.<\/em><\/p>\n On September 1, 2021, anyone arrested, charged, and convicted of being a John can be sentenced for committing a serious felony.<\/p>\n A person commits a sex offense if the person knowingly offers<\/strong> or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.\u00a0 A sex offense under Subsection is a state jail felony except that the offense is:<\/p>\n (1)\u00a0 a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021 [(b)]; or (A)\u00a0 younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense; Online Solicitation of a Minor charges are becoming more wide-spread and common in many Texas Counties; as state, regional and local\u00a0Internet Crimes Against Children (ICAC)\u00a0affiliates are established and federally funded through the\u00a0Justice Department<\/a>;\u00a0Office of Juvenile Justice and Delinquency Prevention.<\/p>\n If you have been arrested for Online Solicitation of a Minor, you need an experienced team that can aggressively defend you and protect your rights. Gilbert G. Garcia represents clients charged with Online Solicitation of a Minor in Montgomery and Walker Counties. To fight the charge of Online Solicitation of a Minor, one must expect that it could take well over a year to resolve and will likely involve significant legal action.<\/p>\n Online Solicitation of a Minor: Texas Penal Code Section 33.021<\/a> Further, the Statute mandates that the Defendant cannot rely on the following defenses:<\/p>\n Most arrests made under this statute are the fruits of sting operations that utilize an undercover officer posting as a child. In such cases, no actual child is involved, no actual child is solicited or harmed in any way. Law enforcement officers have become very savvy at this type of operation, creating an elaborate \u201cpersona\u201d and placing ads on adult online dating sites.\u00a0 Most Defendants are actually on adult sites, such as Craigslist or other online dating sites and looking for adult companionship. The defendant will engage in online communications which often lead to sexual responses. The Defendant often actually believes that they are communicating with an adult, as originally represented in the online ad.\u00a0 At some point during the conversation, the undercover officer then states that s\/he is under the age of 17 and ask the Defendant if s\/he is still interested.\u00a0 When charged with Online Solicitation of a Minor, a defendant should understand the severity of the charge, the possible defenses, the penalty ranges, and the long-term consequences.<\/p>\n Online solicitation of a minor is a very frustrating charge for many defendants because it does not require a completed \u201cact\u201d with a minor. A defendant is essentially charged for the simple act of communicating in a certain way with a minor. For a defendant in Texas, a 2nd Degree Felony can result in a prison sentence which can range from two (2) to twenty years (20) in prison and a fine of up to $10,000. In most cases, a Guilty conviction or even a probation sentence will required the Defendant to register as a Sex Offender<\/strong>. Although a probation sentence can allow a defendant to remain free, the restrictions of probation tend to be more intense for Online Solicitation of a Minor because it is considered to be a case that requires sex offender registration. The court can order a defendant to submit to maintenance polygraphs, complete individual or group sex offender counseling, to submit to a sex offender evaluation, and to refrain from being around any children while on probation. The court usually requires a defendant to pay for these programs, which can cost up to $500.00 or more per month.<\/p>\n The long-term consequences can be even more devastating. Because Online Solicitation of a Minor is considered a sex offense, a defendant can be required to register as a sex offender. If a defendant fails to register as a sex offender, then s\/he can be charged with a new felony offense of failure to register as a sex offender. Once a defendant has a sexually related offense on his\/her record, some states will significantly increase the punishment for a second offense if a defendant is ever charged with another sexually related offense. Beyond the court system, Online Solicitation of a Minor will also affect employment, housing and volunteer opportunities, voter eligibility, gun rights, admission to school and access to credit and\/or student loans. With an ever-expanding wealth of data available on the internet, more employers are performing background checks and will likely not hire certain candidates with criminal records. Applicants with sexually related offenses are generally the first to get cut.<\/a><\/p>\n Sec. 22.011.\u00a0 SEXUAL ASSAULT. A sexual assault is without the consent of the other person if: (1)\u00a0 \u201cChild\u201d means a person younger than 17 years of age. It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
\n(2)\u00a0 a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:<\/p>\n
\n(B)\u00a0 represented to the actor as being younger than 18 years of age; or
\n(C)\u00a0 believed by the actor to be younger than 18 years of age.<\/a><\/p>\nOnline Solicitation of a Minor<\/h2>\n
\nThe offense of Online Solicitation of a Minor falls under the Texas Penal Code Offenses, Chapter 33 \u2013 Computer Crimes.
\nUnder Sec 33.021(c), the State is required to prove the elements of the crime of Online Solicitation of a Minor beyond a reasonable doubt. The State has the burden to prove the following:<\/p>\n\n
\n
\nFor Online Solicitation of a Minor, the method of contact must involve some type of online or electronic means. When this charge first evolved, most states restricted the application to conversations through the Internet, like those in chat rooms. However, as technology expanded, so have the online solicitation laws. Some laws, like in Texas, now include conversations through any electronic messaging services, emails, or text messages. As long as the method is electronic and the conversation includes a \u201cmeet in order to engage in sexual activity,\u201d then a defendant can be charged with Online Solicitation of a Minor.<\/p>\nSex Offenses:\u00a0The Range of Punishment<\/h2>\n
In Texas, Online Solicitation of a Minor under subsection \u201cC\u201d is a 2nd Degree Felony.<\/h4>\n
Sexual Assault<\/h2>\n
\nA person commits an offense if the person:
\n(1)\u00a0 intentionally or knowingly:
\n(A)\u00a0 causes the penetration of the anus or sexual organ of another person by any means,
\nwithout that person\u2019s consent;
\n(B)\u00a0 causes the penetration of the mouth of another person by the sexual organ of the
\nactor, without that person\u2019s consent;\u00a0 or
\n(C)\u00a0 causes the sexual organ of another person, without that person\u2019s consent, to contact
\nor penetrate the mouth, anus, or sexual organ of another person, including the actor;\u00a0 or
\n(2)\u00a0 intentionally or knowingly:
\n(A)\u00a0 causes the penetration of the anus or sexual organ of a child by any means;
\n(B)\u00a0 causes the penetration of the mouth of a child by the sexual organ of the actor;
\n(C)\u00a0 causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual
\norgan of another person, including the actor;
\n(D)\u00a0 causes the anus of a child to contact the mouth, anus, or sexual organ of another
\nperson, including the actor;\u00a0 or
\n(E)\u00a0 causes the mouth of a child to contact the anus or sexual organ of another person,
\nincluding the actor.<\/p>\n
\n(1)\u00a0 the actor compels the other person to submit or participate by the use of physical force or violence;
\n(2)\u00a0 the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
\n(3)\u00a0 the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
\n(4)\u00a0 the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
\n(5)\u00a0 the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
\n(6)\u00a0 the actor has intentionally impaired the other person\u2019s power to appraise or control the other person\u2019s conduct by administering any substance without the other person\u2019s knowledge;
\n(7)\u00a0 the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
\n(8)\u00a0 the actor is a public servant who coerces the other person to submit or participate;
\n(9)\u00a0 the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person\u2019s emotional dependency on the actor;
\n(10)\u00a0 the actor is a clergyman who causes the other person to submit or participate by exploiting the other person\u2019s emotional dependency on the clergyman in the clergyman\u2019s professional character as spiritual adviser;\u00a0 or
\n(11)\u00a0 the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.<\/p>\nDefinitions:<\/h3>\n
\n(2)\u00a0 \u201cSpouse\u201d means a person who is legally married to another.
\n(3)\u00a0 \u201cHealth care services provider\u201d means:
\n(A)\u00a0 a physician licensed under Subtitle B, Title 3, Occupations Code;
\n(B)\u00a0 a chiropractor licensed under Chapter 201, Occupations Code;
\n(C)\u00a0 a physical therapist licensed under Chapter 453, Occupations Code;
\n(D)\u00a0 a physician assistant licensed under Chapter 204, Occupations Code;
\n(E)\u00a0 a registered nurse, a vocational nurse, or an advanced practice nurse licensed under
\nChapter 301, Occupations Code.
\n(4)\u00a0 \u201cMental health services provider\u201d means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
\n(A)\u00a0 licensed social worker as defined by Section 505.002, Occupations Code;
\n(B)\u00a0 chemical dependency counselor as defined by Section 504.001, Occupations Code;
\n(C)\u00a0 licensed professional counselor as defined by Section 503.002, Occupations Code;
\n(D)\u00a0 licensed marriage and family therapist as defined by Section 502.002, Occupations
\nCode;
\n(E)\u00a0 member of the clergy;
\n(F)\u00a0 psychologist offering psychological services as defined by Section 501.003,
\nOccupations Code;\u00a0 or
\n(G)\u00a0 special officer for mental health assignment certified under Section 1701.404,
\nOccupations Code.
\n(5)\u00a0 \u201cEmployee of a facility\u201d means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.<\/p>\nDefenses for Sex Offenses:<\/h3>\n
\nIt is an affirmative defense to prosecution under Subsection (a)(2):
\n(1)\u00a0 that the actor was the spouse of the child at the time of the offense; or
\n(2)\u00a0 that: (A)\u00a0 the actor was not more than three years older than the victim and at the
\ntime of the offense:
\n(i)\u00a0\u00a0 \u00a0was not required under Chapter 62, Code of Criminal Procedure, to
\nregister for life as a sex offender; or
\n(ii)\u00a0\u00a0 \u00a0was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
\n(B)\u00a0 the victim:
\n(i)\u00a0 was a child of 14 years of age or older; and
\n(ii)\u00a0 was not a person whom the actor was prohibited from marrying or
\npurporting to marry or with whom the actor was prohibited from living under
\nthe appearance of being married under Section 25.01.<\/p>\nCharge Level:<\/h3>\n