Is it a defense if a person who is charged with online solicitation of a minor, but the person with whom he was chatting wasn’t underage, and/or the meeting never occurred?

On 05/07/2009, in Computer crimes, by admin

No. It does not matter if the person to whom the actor is chatting is underage. 33.021 (1) states:

(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.

Texas Penal Code Sec. 33.021:

(d) It is not a defense to prosecution under [TPC 33.021] 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 a 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.

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What is the "online solicitation of a minor"?

On 05/07/2009, in Computer crimes, by admin

This is covered by Texas Penal Code Sec. 33.021. The gist of the code is that if a person who is 17 or older “commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor”

The statute goes further, “A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through 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.”

These actions are considered felonies.

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