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It is a defense in Texas to a charge of online solicitation of a minor if the minor and the adult are married to each other at the time the offense is alleged to have occurred.
The law also allows an individual charged with committing the crime to avoid a conviction if the minor consented to the solicitation and the person charged was no more than three years older than the minor.
It should also be noted that the federal statute defines a minor as someone who is younger than 18 years of age.
The adult initiating the request to meet cannot avoid prosecution by claiming that the meeting was not supposed to actually occur.
Solicitation of a minor over the Internet is a felony in the third degree in Texas if the victim is less than 17 years of age but older than 14.
I recently discovered that he's been involved in an ongoing "relationship" via the Internet.
When all of the participants are adults, the use of a chat room to exchange sexually explicit messages or to arrange meetings is usually not illegal, but problems arise when one of the chat room participants is a minor.
A minor under the Texas Penal Code is anyone under 17 years of age.
Individuals charged under cybersex laws may be at a disadvantage due to the resources committing by the government.
Someone who becomes the target of an investigation by the Houston task force or by any state or federal law enforcement agency should seek the advice of a criminal defense attorney who has experience handling cases under state and federal cybersex statutes.
Law enforcement agencies know that chat rooms have become more than merely cyber meeting places for social interaction or to find out how to repair a faucet.