Internet Sex Stings in Harris County
Harris County law enforcement agencies routinely conduct undercover operations on dating apps, social media, and classified ad sites. An officer poses as a minor or as someone offering access to a minor, initiates or responds to a conversation, and steers it toward a meeting. When the target arrives at the meeting location, he (it is usually a “he”) is arrested. These operations produce dozens of arrests at a time, generate press coverage, and result in charges that carry severe penalties and mandatory sex-offender registration.
How the Operations Work
The typical sting follows a pattern. An undercover officer creates a profile on a dating app or website. The profile may initially represent an adult. At some point during the conversation, the officer discloses that the “person” is actually a minor, usually 14 or 15 years old. If the target continues the conversation and agrees to meet, the officer arranges a location. The target is arrested on arrival.
The charges depend on what was said in the conversation. If the target discussed sexual activity and traveled to meet, the charge is typically online solicitation of a minor under Penal Code § 33.021(c), a second-degree felony. If sexually explicit images were exchanged, additional charges under § 43.25 or § 43.26 may follow.
No Actual Minor Is Involved
In virtually every internet sting case, there is no real child. The “minor” is an undercover officer. This fact does not provide a defense to the charge. Texas law does not require an actual minor; the defendant’s belief that he is communicating with a child is sufficient. Under section 33.021, the offense is complete when the defendant, believing the other person to be a child, solicits the other person to meet for sexual contact. The absence of a real child goes to sentencing arguments and jury sympathy—and maybe to entrapment—not to the elements of the offense.
The Chat Log Is the Case
The State’s evidence in a sting case is almost entirely the chat log between the defendant and the undercover officer. Every word the defendant typed is evidence. The defense focuses on what was actually said: whether the defendant initiated the sexual content or the officer did, whether the defendant expressed hesitation or reluctance, whether the defendant’s statements demonstrate the required intent, and whether the officer’s conduct crossed the line from investigation into inducement.
Penalties
Online solicitation of a minor under section 33.021(c) is a second-degree felony: 2 to 20 years in prison, up to $10,000 fine, and mandatory sex-offender registration. If the target believed the minor was under 14, the charge can be enhanced. A conviction requires registration as a sex offender for life.
What to Do If You Have Been Arrested
Do not give a statement. Do not try to explain. The officers who arrest you are part of the same operation that built the case against you, and anything you say will be added to the evidence. Contact a lawyer immediately.
Lawyers across Texas refer online-solicitation cases to us to defend. Contact Bennett & Bennett at 713-224-1747.