Computer crimes in Texas span a wide range of conduct — unauthorized system access, online solicitation of a minor, impersonating someone on social media, and more. What these offenses have in common is that the evidence is almost entirely digital, law enforcement brings significant investigative resources to these cases, and the charges can escalate quickly depending on the facts. This page covers the three computer-related offenses I defend most often: online solicitation of a minor, online impersonation, and breach of computer security. If you’ve been charged with a computer crime in Plano, Frisco, McKinney, or anywhere else in Collin County, contact me as soon as possible — digital evidence moves fast, and early involvement gives us the most options.
Online Solicitation of a Minor
Online solicitation of a minor is one of the most aggressively prosecuted offenses in Texas. Law enforcement agencies — including local police, the Texas Department of Public Safety, and federal agencies like the FBI — regularly conduct sting operations in which officers pose as minors online. A conviction carries not only significant prison time but mandatory sex offender registration, which affects where you can live, where you can work, and how you are perceived for the rest of your life.
Under §33.021 of the Texas Penal Code, there are two distinct ways the offense can be charged.
A person 17 or older commits this offense if, with the intent to commit a listed sex offense, they communicate in a sexually explicit manner with a minor — or distribute sexually explicit material to a minor — over the internet, by text, email, or any other electronic message service. “Minor” means anyone actually under 17, or anyone the actor believes to be under 17. An offense under this subsection is a third-degree felony, elevated to a second-degree felony if the minor is under 14 or believed to be under 14.
A person commits this offense if they knowingly solicit a minor to meet another person — including themselves — with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse. This subsection carries a flat second-degree felony charge. Critically, it is not a defense that the meeting never occurred, that the actor never intended for the meeting to occur, or that the actor claims they were engaged in a fantasy at the time.
Sex Offender Registration
A conviction for online solicitation of a minor under Texas law triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. Registration affects where you can live, where you can work, and requires regular reporting to law enforcement. The registration period can last decades — or for life. This consequence alone makes it critical to have an experienced defense attorney involved from the earliest possible stage.
Punishment Ranges
- Third-degree felony (§33.021(b), minor aged 14–16): 2 to 10 years in prison, up to a $10,000 fine
- Second-degree felony (§33.021(b), minor under 14 or believed under 14): 2 to 20 years in prison, up to a $10,000 fine
- Second-degree felony (§33.021(c), soliciting a meeting): 2 to 20 years in prison, up to a $10,000 fine
- Enhancement — school hours: If the offense was committed during regular school hours and the actor knew or should have known the minor was enrolled in school, the charge elevates to the next higher felony tier
How I Defend Online Solicitation Charges
Entrapment
Many online solicitation arrests in Texas result from law enforcement sting operations — officers posing as minors in chat rooms, dating apps, and social media platforms. The existence of a sting doesn’t automatically mean you have no defense. Under §8.06 of the Texas Penal Code, entrapment is a valid defense when a law enforcement agent induced the defendant to commit the offense through persuasion or other means likely to cause a person to commit it.
The critical distinction the statute draws: conduct that merely affords an opportunity to commit an offense is not entrapment. But when an officer repeatedly initiates contact, escalates the explicit nature of the conversation, persists after the defendant tries to disengage, or uses unusually aggressive tactics to push the interaction forward — that crosses into inducement. Evaluating exactly where that line falls in your case is one of the first things I examine.
Challenging Identity — Was It Actually You?
Online solicitation charges depend on the State proving that you were the person operating the device at the time the communications occurred. Shared computers, shared networks, spoofed accounts, and compromised devices can all complicate that showing. If the State can only trace the conduct to a device or an IP address — and not definitively to you as the person operating it — that’s a real gap in their case.
Lack of Intent
Both subsections of §33.021 require specific intent. Under §33.021(b), the State must prove the communication was made with intent to commit a listed sex offense. Under §33.021(c), the State must prove the solicitation was made with intent that the minor engage in sexual contact or intercourse. Intent is often the hardest element for the State to prove, particularly in cases where the content of communications is ambiguous or where the defendant’s conduct is consistent with an innocent interpretation.
Statutory Defenses
Texas law provides two explicit defenses to prosecution under §33.021: that the actor was married to the minor at the time of the conduct, or that the actor was not more than three years older than the minor and the minor consented. These are narrow defenses, but they apply in the right factual circumstances.
Online Impersonation
Online impersonation under §33.07 of the Texas Penal Code covers two related but distinct scenarios — both involving using someone else’s identity online without their consent and with harmful intent. The charge often arises from social media disputes, harassment, revenge-driven posts, or fraud schemes, but it can also be triggered by conduct people don’t always think of as criminal — like creating a parody account without making clear it’s a parody.
A person commits this offense if, without the other person’s consent and with intent to harm, defraud, intimidate, or threaten, they use the name or persona of another person to create a web page or post/send messages on a commercial social networking site or other internet website. This is a third-degree felony: 2 to 10 years in prison and up to a $10,000 fine.
A person commits this offense if they send an email, text, instant message, or similar communication that references another person’s identifying information — without consent, with intent to make the recipient believe the other person sent it, and with intent to harm or defraud. This is a Class A misdemeanor in most cases, but escalates to a third-degree felony if the actor intended to solicit a response from emergency personnel.
How I Defend Online Impersonation Charges
No Intent to Harm or Defraud
Both subsections of §33.07 require specific intent — to harm, defraud, intimidate, or threaten. If the conduct was a joke, a misunderstanding, or clearly satirical in context, the State may struggle to establish that element. Intent is the battleground in a lot of these cases, and the surrounding context of the communications matters enormously.
Consent
The offense requires that the impersonation occur without the other person’s consent. In cases involving collaborative online projects, shared accounts, or prior permission — explicit or implied — the consent element may be genuinely in dispute. This is particularly relevant in business or professional contexts where multiple people share access to accounts or create content under a shared name.
The Parody Account Distinction
Texas law does not criminalize parody — it criminalizes impersonation with harmful intent. A clearly labeled parody or satirical account that a reasonable person would recognize as not being the actual person is a very different situation from a fake profile designed to deceive. If your account was clearly satirical in nature and context, that distinction is worth arguing.
Platform and Provider Exemption
§33.07(e) provides an explicit defense for employees of commercial social networking sites, internet service providers, interactive computer services, and telecommunications providers acting within the scope of their employment. If your conduct was part of your professional role on one of these platforms, that may be a complete defense.
Breach of Computer Security
Also commonly referred to as computer hacking, breach of computer security under §33.02 of the Texas Penal Code covers knowingly accessing a computer, computer network, or computer system without the effective consent of the owner. At its most basic level — unauthorized access alone, without any intent to defraud or cause harm — it’s a Class B misdemeanor. But the charge escalates significantly when intent to defraud or harm is involved.
When a person accesses a system without consent and with intent to defraud, harm, or alter/damage/delete property, the charge level is driven by the aggregate dollar amount of damage or loss involved — ranging from a Class C misdemeanor for amounts under $100 all the way up to a first-degree felony for $300,000 or more, or when the actor obtains the identifying information of another person from multiple systems. Accessing a government computer or a critical infrastructure facility triggers elevated charges regardless of the dollar amount involved.
If you’ve been charged with breach of computer security or are under investigation for computer hacking in Collin County, I handle these cases and can evaluate your situation. The search and seizure rules around digital devices and computer systems are complex, and law enforcement doesn’t always get them right.
Frequently Asked Questions About Computer Crimes in Texas
Can I be charged with online solicitation of a minor if the “minor” was actually a police officer?
Yes. Under §33.021, “minor” includes any individual the actor believes to be younger than 17 — regardless of that person’s actual age. Law enforcement sting operations routinely involve officers posing as minors, and an arrest made in that context is legally valid. That said, a sting operation doesn’t foreclose all defenses — entrapment, lack of intent, and identity challenges may still apply depending on the specific facts.
Does it matter if no meeting ever took place?
No — and this surprises a lot of people. Under §33.021(d), it is explicitly not a defense that the meeting did not occur, that the actor never intended for it to occur, or that the actor claims they were engaged in a fantasy at the time. The offense under §33.021(c) is complete at the moment of the solicitation, not when or if a meeting happens. This is one reason why intent at the time of the communications becomes such a critical focus in these cases.
What is the sex offender registry and how does a conviction affect me long-term?
Sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure is a mandatory consequence of an online solicitation conviction. It requires regular reporting to law enforcement, restricts where you can live and work, and makes your registration status publicly accessible. Depending on the offense, the registration period can range from ten years to lifetime. These consequences follow you long after any prison sentence or probation period ends — which is why the outcome of the case itself matters so much.
What’s the difference between the two types of online impersonation under Texas law?
§33.07(a) covers using someone else’s name or persona to create fake profiles or post messages on social media or websites — a third-degree felony. §33.07(b) covers sending deceptive emails, texts, or messages that falsely appear to come from another person — generally a Class A misdemeanor, but a third-degree felony if the intent was to trigger a response from emergency services. The key difference is the platform: social media and websites fall under (a); direct communications like email and texts fall under (b).
What should I do if I’m under investigation for a computer crime in Collin County?
Don’t speak to investigators without an attorney present — not even to explain yourself or deny the allegations. Digital evidence is gathered quickly, and anything you say can be used to establish intent, identity, or other elements the State needs to build its case. Contact a criminal defense attorney as soon as possible. I handle computer crime cases throughout Collin County and offer a free consultation — the earlier we talk, the more we can do.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
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