Internet Solicitation of a Minor is very complicated and quick action must be taken!!!!
If you have been arrested for Internet Solicitation of a Minor, call me immediately because there are MAJOR pitfalls to be avoided - like seizure of your computer, forfeiture of your vehicle, etc.
For example: If the police department did not seize your computer, you can expect a visit from the FBI to check out your computer's hard drive for child pornography. If they find it, you could face federal charges.... & the Feds will indict you for each image they find!!!!
In addition to possible federal charges, Internet Solicitation of a Minor is a felony offense that can carry significant jail time in the state jail facility or the penitentiary.
Worse yet, if you are convicted of Internet Solicitation of a Minor, you will also be labeled as a Sex Offender.
How do I know if I will be labeled a sex offender?
Generally, a person is considered a sex offender if they have been convicted of any sex-related crime or any crime against a minor. A person may also be considered a sex offender if they are convicted of a crime against children that is sexual in nature, such as possessing or contributing to child pornography, any unnatural or lewd act against a minor, inappropriate communication with a minor (such as internet solicitation), etc.
Sex offenders are required to abide by many restrictions and fulfill certain registration requirements that vary by state.
Have I committed the offense of Internet Solicitation of a Minor?
SEC. 33.021 ONLINE SOLICIATION OF A MINOR
(a) In this section:
(1) "Minor" means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.
(2) "Sexual contact" "sexual intercourse," and "deviate sexual intercourse" have the meanings
assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or material, including a
photographic or video image, that relates to or describes sexual conduct, as defined by
section 43.25.
(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the intent or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
(d) It is not a defense to prosecution under Subsection (c) that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in fantasy at the time of commission of the offense.
(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the
conduct.
(f) An offense under Subsection (b) is a state jail felony, an offense under Subsection (c) is a felony of the third degree, except that an offense under Subsection (b) or (c) is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age .
(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
What should I do?
You will have a long road ahead - and that is why selecting the right attorney FOR YOU is the only way you will ever get through this nightmare.I know I can help - please call me .... at 972-492-ATTY (2889) to schedule a consultation.
Prior to your first office consult, complete the Prospective Client Info - felony document, as well as, a detailed written statement of what happened (starting with the initial contact with the alleged minor and detail all events leading up to your arrest) as soon as possible. If you have any witnesses that could help you should you decide to go to trial, please provide their contact information and have them draft a brief statement for my file.
