Location: Texas. I’m trying to figure out if the story I’m being told by someone about their recent charges has any possibility of truth behind it, or if they are most likely not telling the full story. Can you be arrested and charged with online solicitation of a minor if :
You were looking for a consenting adult stranger to hook up with online and began chatting with someone who you thought was an adult. However at some point in the conversation, this stranger says they are underage, so you immediately stop responding OR you tell them they shouldn’t be on an adult website claiming to be 18+. The underage stranger turns out to be a sting operation and you are later arrested charged with online solicitation of a minor, and the case is picked up by the DA.
Is it possible for someone to be arrested and charged if they only responded in one of those two ways? Or would they have to have done something more in order to be arrested/ charged? I’m sorry if I’ve broken any rules I’m not a big Reddit poster but I could really use some input, this is eating me alive.
Comments
I think there is more to the story that you are not being told. Obviously at this time you do not know what was exactly written between the two parties.
Yes, but being convicted of something is a different story, they must have done something else. That can even include continuing conversation while scolding the minor after the age is revealed. They can charge if they believe there was more intent than just learning they’re underage and disinterested and ending the conversation. They need to get a lawyer.
Did any communication sexual in nature occur before this?
NAL I’m leaning towards he’s downplaying the situation to you. In order to secure a conviction the prosecution must prove: the defendant is aged 17+, intent of arousal or sexual gratification, intentionally communicating with a minor in a sexually explicit manner and/or intentionally sharing explicit material to a minor.
While he hasn’t been convicted, and taking into consideration it was a sting, most likely he did something I mentioned above to secure an arrest. At the very least the conversation remained explicit even after he found out the “victim” was a minor. I know Texas has a No Mistake of Age law which basically says you can’t claim you didn’t know a victim was a minor as it’s up to you to confirm that before pursuing a relationship, however I believe that’s more for real meet ups and statutory cases.
TLDR: it’s possible but unlikely.