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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23975
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend was arrested tonight solicitation of a minor

Customer Question

My boyfriend was arrested tonight for online solicitation of a minor (claiming to be almost 16 years old) as a result of a Craigslist sting operation. He is 20 years old and has never been in any legal trouble before this unfortunate incident. My question is whether or not he has a chance for deferral or what his other legal options would be.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Here is the statute for online solicitation of a minor.
http://codes.lp.findlaw.com/txstatutes/PE/7/33/33.021
The crime is a felony of the third degree if he did not set up a meeting with the minor in his solicitation. In Texas, that carries a minimum of 2 years of prison. The maximum is ten years. Otherwise, it is a felony of the second degree, which has a 2 year minimum and a 20 year maximum.
It also would carry lifetime registration as a sex offender.
In short, these are very serious offenses, and as you can see from the statute, the fact that this was a sting operation would not be a defense to the charge.
It would be a defense to the charge if your boyfriend were less than three years older than the minor and the minor consented. Your boyfriend is only four years older, and this is a first arrest. So it's possible that a lawyer may be able to negotiate a probationary sentence on a plea agreement. A deferral on a case of this seriousness would be unlikely, but that would depend upon the facts and circumstances of the case.
Make sure your boyfriend has representation.