Online solicitation of a minor is a felony in Texas that carries years in prison, mandatory sex offender registration, and lifelong consequences. If you or someone you love has been charged in Fort Bend County, the time to act is now.
Why Varghese Summersett for Fort Bend Online Solicitation Cases
Varghese Summersett is one of the most experienced criminal defense firms in Texas, with offices in Fort Worth, Dallas, Houston, and Southlake. The firm has secured more than 1,600 dismissals and 800+ charge reductions for clients across the state.
Leading the firm’s Fort Bend County and Houston-area defense is Mike Hanson, Senior Counsel and Area Lead. Mike is Board Certified in Juvenile Law and spent over a decade as a prosecutor, including time as an Assistant District Attorney in Fort Bend County. He knows the courts, the prosecutors, and the tactics law enforcement uses in these investigations. He has tried more than 60 cases before a jury.
When the charge involves potential prison time and a lifetime on the sex offender registry, you need an attorney who has worked both sides of these cases. Varghese Summersett’s Fort Bend criminal defense team brings that level of experience to every client.
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What You Need to Know If You’ve Been Charged
Online solicitation cases in Fort Bend County usually start with a law enforcement sting. An officer poses as a minor on a social media platform, dating app, or messaging service. What may have begun as a casual conversation can turn into an arrest, often followed by a search of every device you own.
These cases move quickly. Prosecutors in Fort Bend County treat them seriously, and the consequences of a conviction extend far beyond the courtroom. Understanding what the law says — and where it can be challenged — is the first step toward building a real defense.
Related charges sometimes filed alongside online solicitation include possession of child pornography, child grooming, and sexual assault. If you are facing any combination of these charges, the defense strategy must account for all of them together.
The Law: Texas Penal Code § 33.021
Under Texas Penal Code § 33.021, online solicitation of a minor is defined as knowingly using the Internet, electronic mail, text messaging, or any other electronic communication platform to solicit a minor to meet with intent to engage in sexual contact, sexual intercourse, or deviate sexual intercourse.
To convict under § 33.021(b), the State must prove each of the following elements beyond a reasonable doubt:
- The defendant communicated over the Internet, by electronic mail, text message, or through a commercial online service
- The defendant knowingly solicited a minor (or someone the defendant believed to be a minor) to meet
- The defendant acted with intent that the minor would engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the defendant or another person
The burden of proof is entirely on the State. The defendant has no obligation to prove innocence. Every element above must be established beyond a reasonable doubt — the highest standard in the American legal system.
It is important to note that Texas law allows prosecution even when no actual minor was involved. Under § 33.021(d), it is not a defense that the minor was actually a law enforcement officer — provided the defendant believed the person was a minor and the officer did not induce the defendant to commit the offense.
Penalties for Online Solicitation of a Minor in Texas
The punishment range depends on the age of the alleged victim:
- § 33.021(b) — Standard charge: Second degree felony. Punishment range: 2 to 20 years in prison and a fine up to $10,000.
- § 33.021(f) — Victim alleged to be under 14: First degree felony. Punishment range: 5 to 99 years or life in prison and a fine up to $10,000.
- § 33.021(c) — Sexually explicit communication with a minor: Third degree felony. Punishment range: 2 to 10 years in prison and a fine up to $10,000.
A conviction under any of these subsections requires registration as a sex offender in Texas under Chapter 62 of the Texas Code of Criminal Procedure. Sex offender registration in Texas is typically for life for most § 33.021 convictions. Registration affects where you can live, where you can work, and every aspect of your public life going forward.
Beyond registration, a felony conviction carries additional consequences: loss of the right to vote while incarcerated, loss of firearm rights, difficulty finding employment or housing, and the permanent stigma of a sex offense on your record.
Typical Bond Amounts for Online Solicitation of a Minor in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County:
| Charge | Cases Reviewed | Average Bond | Most Common Bond |
|---|---|---|---|
| Online Solicitation of a Minor (§ 33.021(b)) | 9 | $47,333 | $40,000 |
| Online Solicitation of a Minor — Sexual Conduct (§ 33.021(c)) | 7 | $55,714 | $50,000 |
| Online Solicitation of a Minor Under 14 (§ 33.021(f)) | 2 | $105,000 | $10,000 |
Bond amounts in these cases can vary widely based on the defendant’s criminal history, the specific facts alleged, and the judge assigned. A defense attorney who knows the Fort Bend County courts can be instrumental in securing a reasonable bond at the earliest stage of the case.
Defenses to Online Solicitation of a Minor
These cases are rarely as straightforward as prosecutors claim. A skilled defense attorney will examine every element the State must prove and look for weaknesses in how the investigation was conducted. Common defense strategies include the following.
Entrapment
The vast majority of online solicitation arrests in Fort Bend County arise from sting operations. An undercover officer creates a fake profile, initiates contact, and steers the conversation toward sexual topics. If law enforcement induced a person to commit a crime they would not otherwise have committed, entrapment may be a valid defense. The key question is whether the idea originated with law enforcement or with the defendant.
Lack of Intent
The State must prove the defendant acted with specific intent — that the solicitation was made with the intent to engage in sexual conduct. Vague, ambiguous, or clearly exaggerated messages that were never intended to lead to a real meeting can undercut this element.
The Defendant Did Not Believe the Person Was a Minor
In some cases, the alleged “minor” presented themselves as an adult, used an adult profile, or gave no indication of their age. While Texas law allows prosecution when a defendant “believed” the person was a minor, evidence that the defendant had a genuine and reasonable belief the person was an adult can be a powerful factor at trial.
Unlawful Search and Seizure
Law enforcement often seizes phones, computers, tablets, and accounts as part of these investigations. If the search was conducted without a valid warrant or fell outside the scope of an authorized warrant, evidence obtained from that search may be suppressed. Removing key evidence from the case can change the entire outcome.
Constitutional Challenges
Texas courts have previously found portions of § 33.021 to be constitutionally overbroad. While § 33.021(b) has largely survived those challenges, the manner in which the statute was applied in a particular case may still raise First Amendment concerns that a skilled defense attorney can raise.
Affirmative Defense — Age Proximity
Texas law provides an affirmative defense to prosecution under § 33.021 if the defendant was not more than three years older than the minor, the minor consented, and the defendant did not use duress, force, or a threat. This defense has limited application but is worth evaluating in every case.
The Legal Process: What to Expect in Fort Bend County
If you have been arrested or believe you are under investigation for online solicitation of a minor in Fort Bend County, here is what typically happens:
- Arrest and booking: You will be processed at the Fort Bend County Jail in Richmond. A bond will be set, and you may be able to secure release while the case is pending.
- Grand jury indictment: Felony charges in Texas require a grand jury indictment. The Fort Bend County District Attorney’s Office will present evidence to a grand jury, which decides whether there is probable cause to formally charge you.
- Discovery and investigation: Your attorney will obtain the evidence the State plans to use, review law enforcement communications, examine digital records, and identify weaknesses in the prosecution’s case.
- Pre-trial motions: This is where suppression motions and other legal challenges are filed. Strong pre-trial work can result in evidence being excluded or charges being reduced or dismissed entirely.
- Plea negotiations or trial: Many cases resolve through negotiated agreements. Others go to trial. The goal is always the best possible outcome — whether that means a dismissal, reduced charges, or a not guilty verdict.
Fort Bend County felony cases are handled in the district courts in Richmond. Cases that proceed to trial are heard before a jury selected from Fort Bend County residents. Having a defense attorney who knows the Fort Bend County courts — and who has previously worked as a prosecutor in that same jurisdiction — is a meaningful advantage.
For a broader look at how Texas sex crimes cases are prosecuted and defended, our main resource covers the full landscape of charges and strategies.
What to Expect From Varghese Summersett
Facing an online solicitation charge is one of the most frightening experiences a person can go through. The combination of public shame, criminal exposure, and the prospect of sex offender registration can feel overwhelming. Varghese Summersett approaches these cases with discretion, urgency, and a clear-eyed strategy from day one.
Here is what you can expect when you work with our team:
A thorough review of the investigation. We start by examining how law enforcement built the case against you. Sting operations in particular are subject to strict legal standards. If those standards were not met, we will find it.
Aggressive pre-trial advocacy. The outcome of a criminal case is often determined before trial. We file the motions, challenge the evidence, and push back hard at every stage. Our goal is to resolve the case as favorably as possible — ideally before it ever reaches a jury.
Trial-ready defense. Mike Hanson has tried more than 60 jury trials. If a fair resolution is not available short of trial, we go to the mat. Prosecutors know our team is prepared to fight.
Honest communication. We will never tell you what you want to hear just to make you feel better. You will get a realistic assessment of your case, your options, and what we believe the best path forward looks like.
The firm’s track record of 1,600+ dismissals and 800+ charge reductions reflects what happens when experience, preparation, and genuine commitment come together. Learn more about how Varghese Summersett defends online solicitation charges across Texas.
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Watch: What Is Online Solicitation of a Minor?
Varghese Summersett attorney Benson Varghese explains what online solicitation of a minor means under Texas law, how these investigations typically unfold, and why the charge is so serious.
Frequently Asked Questions
Can I be charged even if I never met the person or planned to?
Yes. Texas law does not require that a meeting actually take place. The crime is complete at the point of solicitation — when a communication is made with intent to arrange a sexual encounter with a minor. Even an initial message, if it contains the necessary intent, can support a charge.
What if the “minor” was actually an undercover police officer?
Under Texas Penal Code § 33.021(d), it is not a defense that the person you believed to be a minor was actually a law enforcement officer. However, entrapment — where an officer induced you to commit a crime you would not have otherwise committed — can still be a valid defense. The distinction matters, and an experienced attorney will examine how the investigation was conducted from the very first contact.
Will I have to register as a sex offender if convicted?
A conviction under § 33.021 requires lifetime sex offender registration in Texas for most defendants. Registration affects where you can live, where you can work, and where you can be present in public. It is one of the most severe collateral consequences in the criminal justice system — which is why fighting the underlying charge is so important.
What happens to my devices after an arrest?
Law enforcement will typically seize all electronic devices at the time of arrest or pursuant to a search warrant. They will conduct a forensic examination of phones, computers, tablets, and cloud accounts. Your attorney should immediately evaluate whether the seizure and search of those devices was lawful. Evidence obtained through an unlawful search can potentially be suppressed.
How long do these cases take in Fort Bend County?
Felony sex crime cases in Fort Bend County can take anywhere from several months to more than a year to resolve, depending on the complexity of the evidence, the court’s docket, and whether the case proceeds to trial. During that time, proactive defense work — including pre-trial motions and negotiation — continues. Retaining counsel as early as possible gives your attorney the maximum time to build the strongest defense.
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Speak With a Fort Bend Online Solicitation Defense Attorney
An online solicitation charge can upend your entire life. The sooner you have an experienced defense attorney working your case, the more options you have. Varghese Summersett’s Fort Bend County team — led by former Fort Bend County prosecutor Mike Hanson — is available to take your call. Reach us at (281) 805-2220 or through our website for a free, confidential consultation.