What Are Internet Crimes Under Texas and Federal Law?
Internet crimes are offenses committed using a computer, electronic device, or online network, prosecuted under both Texas Penal Code and federal statutes. Texas internet crime charges include online solicitation of a minor (§33A.02), possession or distribution of child pornography (§43.26), cyberstalking (§42.072), and computer fraud (§33.02). Federal internet crime charges include child pornography under 18 U.S.C. §2252, online enticement of minors under 18 U.S.C. §2422, and computer fraud under 18 U.S.C. §1030. Penalties range from Class B misdemeanor (computer fraud involving losses under $1,500) to first-degree felony or life in federal prison for aggravated child enticement. The United States Supreme Court held in Riley v. California (2014) that warrantless searches of digital devices violate the Fourth Amendment — a constitutional protection Herman asserts in every internet crime case involving device searches. Anyone facing charges built on digital evidence needs an internet crimes lawyer Houston can trust to challenge every warrant and search before any strategy is set.
What Are the Penalties for Internet Crimes in Texas?
Internet crime penalties in Texas are determined by offense type, the identity of the alleged victim, and the dollar value of any loss or gain. Online solicitation of a minor under §33A.02 is a second-degree felony (2 to 20 years) or a first-degree felony (5 to 99 years) when the alleged victim is under 14. Child pornography possession under §43.26 is a third-degree felony (2 to 10 years) per image possessed, and distribution is a second-degree felony (2 to 20 years). Cyberstalking under §42.072 is a third-degree felony (2 to 10 years) with a fine of up to $10,000. Computer fraud under §33.02 ranges from a Class B misdemeanor to a first-degree felony depending on the aggregate loss amount. Federal charges carry additional mandatory minimums — federal child pornography possession under 18 U.S.C. §2252 carries a mandatory minimum of 5 years for first-offense distribution or receipt of child sexual abuse material. An internet crimes lawyer Houston depends on for both state and federal exposure evaluates every charging option before advising on strategy.
2nd degree felony (2–20 years) for victims under 17. 1st degree felony (5–99 years) for victims under 14. Mandatory sex offender registration.
Texas: 3rd degree felony per image (possession), 2nd degree (distribution). Federal: mandatory 5-year minimum for distribution/receipt. Both trigger lifetime sex offender registration.
3rd degree felony — 2 to 10 years in prison and up to $10,000 fine. Requires proof that electronic communications were intended to place the victim in fear of imminent bodily injury or death.
Texas: Class B misdemeanor to 1st degree felony based on loss amount. Federal: up to 10 years for unauthorized computer access; up to 20 years for fraud causing significant financial loss.
How Does Herman Martinez Defend Internet Crime Charges in Houston?
Internet crime defense is built on challenging the digital evidence — its acquisition, its authenticity, and the legal authority under which it was obtained. Herman Martinez challenges device search warrants for Fourth Amendment violations under Riley v. California (2014), contests forensic analysis methodology, and examines whether the defendant had the actual knowledge required to satisfy the mental state element of each charge. In online solicitation and child pornography cases, the identity of the device user and the chain of custody of digital evidence are frequently the most contestable factual questions in the case. This digital-forensics-first approach is why so many families searching for an internet crimes lawyer Houston choose Herman Martinez by name.
Riley v. California (2014) requires law enforcement to obtain a warrant before searching a digital device. When investigators searched a phone, computer, or cloud account without a valid warrant or exceeded the scope of an authorized warrant, Herman files motions to suppress the digital evidence obtained — which frequently constitutes the entirety of the prosecution's case. Winning this kind of suppression motion is often the single most important move an internet crimes lawyer Houston can make for a client.
Government digital forensic analysts can make errors in evidence extraction, image analysis, and attribution of files to a specific user. Herman retains independent digital forensic experts to review the state's methodology, identify chain-of-custody deficiencies, and challenge attributions — including whether files were knowingly downloaded or automatically cached, which is a critical distinction in possession cases. An internet crimes lawyer Houston clients hire retains independent digital forensic experts on every case involving device or cloud evidence.
Shared computers, shared IP addresses, and open Wi-Fi networks all create reasonable doubt about who actually committed the alleged online conduct. Herman investigates network access logs, device sharing patterns, and the specific user account activity to challenge the state's attribution of the alleged criminal conduct to the defendant specifically. A internet crimes lawyer Houston clients trust treats every shared-device case as a distinct attribution dispute.
Law enforcement online solicitation stings — where undercover officers create fake profiles and communicate with targets — must not cross from detection into inducement. When officers initiated contact, escalated the sexual nature of conversations, or pressured hesitant defendants, the entrapment defense under §8.06 of the Texas Penal Code may apply. Herman reviews every communication log for evidence of inducement and lack of predisposition. This message-by-message review is standard practice for any internet crimes lawyer Houston clients trust with a sting-operation case.
Internet Crimes Defense — Frequently Asked Questions
No — the United States Supreme Court held in Riley v. California (2014) that warrantless searches of a cell phone incident to arrest violate the Fourth Amendment. Law enforcement must obtain a search warrant supported by probable cause before accessing the contents of a digital device. When investigators search a phone, computer, or cloud account without a valid warrant, Herman files a motion to suppress all evidence obtained from that search, which frequently results in dismissal of internet crime charges. An internet crimes lawyer Houston relies on for digital search challenges files this kind of motion in nearly every case involving a seized device.
Online solicitation of a minor under §33A.02 is a second-degree felony (2 to 20 years) when the alleged victim is under 17, and a first-degree felony (5 to 99 years) when the alleged victim is under 14. The offense requires proof that the defendant knowingly solicited a minor to meet for sexual contact through electronic communication. Law enforcement sting operations commonly involve officers posing as minors in chat applications, websites, or social media platforms.
Child pornography possession under Texas Penal Code §43.26 is a third-degree felony carrying 2 to 10 years in prison and up to $10,000 in fines per image possessed. Distribution of child pornography is a second-degree felony — 2 to 20 years — under §43.26(e). Federal charges under 18 U.S.C. §2252 carry mandatory minimum sentences of 5 years for receipt or distribution and up to 20 years per count. All convictions trigger mandatory lifetime sex offender registration.
The state must prove knowing possession under §43.26, which requires the defendant to have known the visual material depicted a minor and to have known the material was in their possession. Automatically cached files — downloaded by a browser without conscious user action — may not satisfy the knowing possession element. Herman retains digital forensics experts to distinguish between intentional downloads and cached or auto-downloaded content, which is a critical distinction in determining whether the knowledge element can be proven. An internet crimes lawyer Houston clients hire treats this knowledge element as a separate, independently contestable issue.
Online solicitation of a minor (§33A.02) and child pornography (§43.26) convictions both trigger mandatory lifetime sex offender registration under Texas Code of Criminal Procedure Chapter 62. Cyberstalking (§42.072) and computer fraud (§33.02) convictions do not typically trigger registration unless the victim was a minor and the offense involved sexual content. Herman evaluates registration exposure for every internet crime charge before advising on any plea disposition.
Shared computer evidence creates significant reasonable doubt about attribution — which user actually committed the alleged online conduct. When a device was accessible to multiple users, Herman challenges the state's ability to prove beyond a reasonable doubt that the defendant — rather than another user of the same device — committed the alleged acts. This requires obtaining and analyzing access logs, user account records, browser history timelines, and device usage patterns to identify alternative users as potential actors. An internet crimes lawyer Houston depends on for attribution disputes pursues this analysis on every shared-device case.
Internet crime investigations in Houston are conducted by multiple federal agencies — primarily the FBI's Cyber Division and Crimes Against Children Task Force, HSI (Homeland Security Investigations), and the U.S. Postal Inspection Service for crimes involving mailed materials. Texas DPS and Houston Police Department's Crimes Against Children Unit also conduct online solicitation stings. Federal investigations frequently result in federal charges carrying mandatory minimum sentences, which makes early retention of counsel critical before any arrest occurs.
No. Invoke your right to remain silent and your right to an attorney immediately and make no statement to federal agents. Federal investigators — FBI, HSI, and others — conduct detailed pre-arrest interviews designed to elicit admissions about device use, account access, and online activity. Making false statements to a federal agent is itself a federal crime under 18 U.S.C. §1001. Call Herman immediately at the first sign of federal investigation — before any interview, subpoena, or formal contact.
Computer fraud under §33.02 is knowingly accessing a computer, computer network, or computer system without the owner's effective consent. The offense level ranges from a Class B misdemeanor (loss under $2,500) to a first-degree felony (loss of $300,000 or more). Federal computer fraud under 18 U.S.C. §1030 can carry up to 10 years in prison per count for unauthorized access causing significant damage or financial loss. Herman defends these charges by challenging whether the access was unauthorized and whether the defendant had actual knowledge of the access restrictions.
Texas state internet crimes are prosecuted in Harris County or other Texas district courts under the Texas Penal Code. Federal internet crimes are prosecuted in United States District Court for the Southern District of Texas under federal statutes including 18 U.S.C. §§1030, 2252, and 2422. Federal charges generally carry harsher mandatory minimums, federal sentencing guidelines that increase sentences based on aggravating factors, and longer supervised release terms. Herman is experienced in both state and federal internet crime defense and coordinates strategy based on which court — and which charging framework — presents the most significant exposure. An internet crimes lawyer Houston clients trust evaluates both forums before any plea or trial decision is made.