Online Solicitation of a Minor in Fort Bend County

Felony Defense for Texas Penal Code Section 33.021 Charges

A charge under Texas Penal Code Section 33.021 is one of the most serious accusations a person can face. A conviction carries felony prison time and mandatory sex offender registration under Texas law. The moment you learn you’re under investigation or after an arrest, the decisions you make matter. The Sims Law Firm, PLLC is located in Fort Bend County and is ready to build your defense from day one.

Attorney Brandon Sims brings over 17 years of experience in criminal law, including substantial time as a felony prosecutor before moving to defense. That background shapes how we approach every online solicitation case: by understanding how the state builds its case, we know where to look for weaknesses in it.

If you’re facing a charge under Section 33.021 in Fort Bend County, don’t wait to get counsel in your corner. Call The Sims Law Firm, PLLC at (713) 766-1445 to discuss your situation and your options.

What Texas Penal Code Section 33.021 Prohibits

Texas Penal Code Section 33.021 defines a minor as any individual younger than 17, or any person the actor believes to be younger than 17. That belief-based language is significant: charges can apply even when the “minor” involved was actually an undercover law enforcement officer.

The statute creates two distinct prohibitions:

• Subsection (b): A person 17 or older commits an offense by intentionally communicating in a sexually explicit manner with a minor, or distributing sexually explicit material to a minor, over the internet, by text message, or through another electronic message service, with intent to commit certain listed offenses.
• Subsection (c): A person commits an offense by knowingly soliciting a minor, over the internet or an electronic message service, to meet with the actor or another person with the intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

Under subsection (c), it’s not a defense that the proposed meeting never took place. The charge centers on the solicitation itself, not whether any meeting occurred.

Felony Classifications & Sentencing Ranges

An offense under subsection (b) is a third-degree felony, carrying a prison term of 2 to 10 years and a fine of up to $10,000. The charge elevates to a second-degree felony if the minor is younger than 14, or someone the actor believed to be younger than 14, or if the actor knew or reasonably should have known the minor was enrolled in a primary or secondary school at the time. A second-degree felony conviction can carry 2 to 20 years in prison and a fine of up to $10,000.

Beyond incarceration, a conviction requires mandatory registration as a sex offender under Texas law. That registration affects where a person can live, work, and travel, and it follows a conviction long after any sentence is served.

How These Cases Develop in Fort Bend County

Many arrests under this statute stem from undercover sting operations in which law enforcement officers pose as minors in online conversations. The Fort Bend County Sheriff’s Office operates an Internet Crimes Against Children (ICAC) and Human Trafficking Unit focused on online child exploitation, and that unit is partnered with the Houston Metro ICAC Task Force. These are experienced investigators who build their cases around electronic communications records from the moment contact begins.

Felony prosecutions in Fort Bend County are handled in the district courts, including the 240th, 268th, 328th, 387th, 400th, 434th, 458th, and 505th District Courts. We work in these courts regularly and understand how these cases move through the local system.

Defense Strategies for Section 33.021 Charges

Because these charges are built on digital evidence gathered through sting operations, the defense work is grounded in reviewing that evidence carefully. The timing of messages, how the conversation developed, whether the required criminal intent was actually established, and how law enforcement conducted the operation are all relevant to a thorough defense analysis.

Depending on the facts, defense strategies can include:

• Age-gap statutory defense: Texas law provides a defense to a subsection (c) charge if the actor was not more than three years older than the minor and the minor consented to the conduct.
• Entrapment: If law enforcement induced a person to commit an offense they wouldn’t otherwise have committed, entrapment may apply as a defense.
• Intent disputes: The state must prove the required intent. Reviewing what was actually communicated, and when, can challenge whether that element is met.
• Age misrepresentation: Circumstances where the other party misrepresented their age may bear on the defense analysis.

Why Fort Bend County Clients Choose The Sims Law Firm, PLLC

Brandon Sims spent years as a felony prosecutor before building his defense practice. That experience gives him a realistic view of how the state approaches cases like these: what evidence they rely on, how they frame intent, and where their cases can be challenged. When we evaluate a case under Section 33.021, we’re looking at it from both sides of the courtroom.

We begin with a full investigation of the facts and build a defense strategy around the specific circumstances of each case. Whether the path forward is negotiating toward a more favorable resolution or preparing for trial, we anticipate the prosecution’s approach and work to stay ahead of it. Clients receive a direct, honest assessment from our first conversation and are treated with dignity throughout the process.

Schedule a Consultation Today

These charges move quickly, and early action matters. A consultation with The Sims Law Firm, PLLC can give you a clear picture of what you’re facing and how we can approach your defense. We’re located in Fort Bend County and represent clients in the district courts that handle these prosecutions.

Call The Sims Law Firm, PLLC at (713) 766-1445 to schedule your consultation and start building your defense today.