Internet Sex Crimes

Texas Internet Sex Crimes Defense Attorneys Dotzel Calhoun

Justin Dotzel and Luke Calhoun of Dotzel Calhoun represent individuals accused of online-based child sexual crimes, such as Online Solicitation of a Minor, Possession of Child Pornography, and other internet-bases sex crimes in Collin County, Tarrant County, Dallas County, Denton County, and throughout North Texas. Attorneys Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of cases and nearly 200 jury trials.

Internet sex crime investigations can be particularly complicated because the evidence often involves cell phones, computers, social media accounts, text messages, online applications, IP addresses, digital forensic examinations, and undercover law-enforcement operations.

What Are Internet Sex Crimes in Texas?

Two of the most commonly prosecuted internet sex offenses in Texas are Online Solicitation of a Minor and Possession or Promotion of Child Pornography.

The term Child Sexual Abuse Material, or “CSAM,” is also increasingly used to describe material traditionally referred to as child pornography. The Texas Penal Code continues to use the statutory title “Possession or Promotion of Child Pornography.”

These are serious felony offenses that can carry prison exposure, sex-offender registration requirements, and consequences that can affect a person long after the criminal case is over.

What Is Online Solicitation of a Minor in Texas?

Texas law prohibits certain sexually explicit electronic communications with a minor when accompanied by the intent required by the statute. It also prohibits knowingly soliciting a minor over the internet, text message, email, or another electronic messaging service to meet with the intent that sexual activity occur.

Importantly, Texas law defines a “minor” for purposes of this offense to include not only a person younger than 17, but also a person whom the accused believes to be younger than 17. As a result, many Online Solicitation cases arise from undercover operations in which an adult law-enforcement officer is posing online as a minor.

Does There Have to Be an Actual Minor?

Not necessarily.
Because the statute includes a person whom the accused believes to be younger than 17, a person can potentially be charged with Online Solicitation even when the person on the other end of the conversation is actually an adult undercover officer. In those cases, the precise language of the communications, what the accused was told about the other person’s age, the context of the conversations, and the accused’s intent can become extremely important.

Does a Meeting Actually Have to Occur?

No.
For the solicitation-to-meet portion of the statute, Texas law expressly provides that it is not a defense that the meeting never occurred. A prosecution may therefore be based largely on electronic communications and the alleged intent reflected in those communications.

Texas law generally prohibits intentionally or knowingly possessing—or intentionally or knowingly accessing with intent to view—visual material depicting a child engaged in sexual conduct when the accused knows or should have known the depiction involved a person younger than 18.

These cases frequently involve complicated questions about knowledge and possession. The fact that an image or file is found somewhere on a computer or phone does not necessarily answer who placed it there, who knew it existed, who had access to the device or account, or whether the person intentionally accessed the material.

What Is Promotion of Child Pornography?

“Promotion” is different from simple possession.
The law separately addresses intentionally or knowingly promoting, or possessing with intent to promote, prohibited visual material. The legal definition of promotion can encompass conduct such as transferring, transmitting, distributing, delivering, or providing material to another person. Promotion allegations can carry significantly greater punishment exposure than a basic possession allegation.

What Is the Punishment for Online Solicitation of a Minor?

Certain sexually explicit communications are generally a third-degree felony, punishable by 2–10 years in prison, although the offense can become a second-degree felony when the alleged minor is, or is believed to be, younger than 14.

Soliciting a minor to meet for sexual activity is generally a second-degree felony, punishable by 2–20 years in prison. Additional enhancements can apply in particular circumstances.

What Is the Punishment for Possession of Child Pornography or CSAM?

Possession of prohibited material involving an actual child generally begins as a third-degree felony, meaning 2 to 10 years in prison, but the offense can be enhanced based on circumstances including the number of depictions, the age of the depicted child, and prior qualifying convictions.

Because the law contains numerous enhancement provisions, the possible punishment should be determined from the specific allegation rather than simply from the name of the offense.

Will I Have to Register as a Sex Offender?

A conviction or deferred adjudication for many internet sex offenses can trigger Texas sex-offender registration requirements.

Texas’s sex-offender-registration statute specifically identifies Online Solicitation of a Minor and Possession or Promotion of Child Pornography as reportable offenses. The duration and particular registration requirements depend on the offense and circumstances of the case.
Because sex-offender registration can have consequences well beyond the sentence imposed by a court, it is an important consideration from the beginning of the case.

How Do Police Investigate Internet Sex Crime Cases?

Internet sex crime cases can begin in many different ways. Some originate with undercover law-enforcement operations in which an officer communicates online while posing as a minor. Others begin after electronic communications, images, or account activity are reported to law enforcement.

Investigators may seek search warrants for cell phones, computers, residences, online accounts, or stored electronic information. Digital forensic examiners may then analyze devices for messages, photographs, videos, application data, internet history, account information, deleted material, and other digital evidence.

Because these prosecutions are often built around electronic evidence, understanding how the evidence was created, obtained, stored, attributed, and interpreted can be an important part of the defense.

Should I Speak to Detectives if I Am Accused of an Internet Sex Crime?

A person accused of an internet sex offense should be extremely cautious about giving a statement to law enforcement before consulting with a criminal defense attorney. An interview may sound informal, but statements made during the conversation can later become important evidence.

Even an innocent or partially informed person can create problems by guessing, attempting to explain electronic evidence he or she has not seen, inaccurately recalling old conversations, or agreeing with an investigator’s characterization of what occurred.

A criminal defense attorney can evaluate what is known about the investigation and advise the client whether giving a statement is in the client’s best interest.

What Defenses Apply to Internet Sex Crime Charges?

The defenses available depend heavily on the particular offense and the electronic evidence involved. Important issues can include:

Lack of Intent: Online Solicitation requires proof of particular intent. The meaning of a conversation cannot always be determined from isolated messages. The complete conversation, surrounding circumstances, and conduct of everyone involved may be important.

Knowledge: Possession cases often depend on whether the accused knowingly possessed or accessed prohibited material. The location of a file on a device does not necessarily establish how it got there or whether the accused knew it existed.

Identity: Prosecutors must connect the accused to the communications or digital activity at issue. Shared phones, computers, Wi-Fi networks, accounts, passwords, residences, and devices can create questions about who actually engaged in the alleged conduct.

Digital Forensic Evidence: Phones and computers contain enormous amounts of technical information. File locations, timestamps, application data, downloads, deleted files, cloud storage, account access, and other forensic evidence may become important in determining what actually occurred.

The Alleged Minor’s Age or the Accused’s Belief About Age: In an undercover Online Solicitation case, what the accused was told and what he or she actually believed about the other person’s age can be critical.

Context of the Communications: Individual messages can sometimes appear very different when viewed outside the context of the entire conversation. The defense may examine all communications rather than simply the excerpts highlighted by investigators.

Unlawful Searches or Seizures: These cases frequently involve search warrants for phones, computers, residences, or online accounts. A defense attorney may examine whether law enforcement had a lawful basis for the search and whether officers remained within the lawful scope of the warrant.

Insufficient Evidence: As in every criminal case, prosecutors must prove each element of the charged offense beyond a reasonable doubt. Weaknesses in attribution, intent, knowledge, forensic evidence, or the underlying communications may affect whether the State can meet that burden.

What Should Someone Do Immediately After Being Accused of an Internet Sex Crime?

The period immediately after an accusation can be extremely important.

A person under investigation should avoid deleting messages, wiping devices, destroying accounts, contacting an alleged minor or other witnesses about the case, or attempting to alter electronic evidence. Digital evidence that initially appears harmful may also contain information important to the defense and deleting material after learning of an investigation can create additional problems.

If investigators request an interview, ask for consent to search a phone or computer, or execute a search warrant, the accused should consider speaking with an experienced criminal defense attorney as soon as possible.

Early representation may allow the defense to preserve evidence, determine what law enforcement is investigating, communicate with investigators and prosecutors when appropriate, retain digital-forensic experts when necessary, and begin developing a defense before an indictment is returned.

Our Experience Defending Serious Sex-Offense Allegations

Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who now represent people accused of serious criminal offenses throughout North Texas. They have handled thousands of criminal cases and nearly 200 jury trials.

Internet sex crime cases require both an understanding of Texas criminal law and careful analysis of electronic evidence. Dotzel Calhoun represents individuals facing these charges. and other serious sex-offense investigations.

How Can an Internet Sex Crimes Defense Attorney Help?

An experienced criminal defense attorney can:

• Investigate the allegations before charges are filed
• Analyze text messages, social-media communications, and online accounts
• Review search warrants and challenge unlawfully obtained evidence
• Work with digital-forensic and mitigation experts when appropriate
• Examine whether the State can prove identity, knowledge, and intent
• Communicate with detectives and prosecutors on the client’s behalf
• Present defense evidence before indictment when strategically appropriate
• Evaluate sex-offender-registration and punishment consequences
• Negotiate for dismissal or reduction when supported by the facts
• Defend the accused at trial when necessary

Contact Dotzel Calhoun

An accusation involving Online Solicitation of a Minor or Child Sexual Abuse Material can threaten a person’s freedom, career, reputation, and family. These investigations often begin long before an indictment is returned, making early legal representation particularly important.
Dotzel Calhoun represents clients accused of internet sex crimes in Collin County, Tarrant County, Dallas County, Denton County, and throughout North Texas.

Contact Dotzel Calhoun at (972) 372-9383, or info@dotzelcalhoun.com for a confidential consultation and case evaluation.