A 38-year-old San Antonio resident, Roberto Moreno-Garcia, pleaded guilty to attempted solicitation of a minor earlier this month, allowing him to evade any jail time should he meet his sex-offender probation terms.
Moreno-Garcia first was arrested in July of last year during a sting operation hosted by state troopers, local law enforcement and local prosecutors. He was arrested on charges of online solicitation of a minor, including sexual conduct and driving while intoxicated after he communicated online with an undercover officer.
According to information from Kendall County Assistant Criminal District Attorney Nick Socias, Moreno-Garcia initially agreed to meet with the undercover officer thinking she was an adult, but the agent told him she was 16 after he was on the way. Socias said this was a factor considered when reducing his felony charges to a third-degree sentencing range.
“Moreno-Garcia was arrested as a result of an undercover sting targeting adults searching for underage children to engage in sex,” Socias said. “The results of these cases ranged from prison time to deferred probation. In each case, we searched the suspect's phone and property to find additional evidence of child sexual abuse material (CSAM).
“In the case of Moreno-Garcia, no evidence was found to indicate he possessed or attempted to possess any CSAM. Additionally, in making a plea bargain offer I look at factors like if the agreement to meet up for sex occurred before or after the undercover agent said their age. In his case, the agreement for sex was made and then the officer stated she was 16 going on 17. Moreno-Garcia still attempted to meet up with the undercover officer for sex and was therefore charged with the offense.”
Upon entering his plea with 451st District Court Judge Kirsten Cohoon, Moreno-Garcia was granted six years of deferred adjudication, meaning his case will be dismissed if he adheres to his probation terms for the six years.
Although attempted online solicitation is a non-registerable offense, meaning he will not need to register as a sex offender, Moreno-Garcia will be held to the same probation terms a convicted sex offender would face. Socias said under these terms, Moreno-Garcia will be required to hand over his computer and communication devices to be searched by law enforcement agents or probation officers at any time it is requested. He also will be required to allow a probation officer to install monitoring software on any electronic devices he has.
Further, Moreno-Garcia will not be allowed to access the internet outside of uses pre-approved by an officer, will have to participate in a sex offender evaluation and complete any treatment recommended as a result, will be submitted to polygraph examinations, will not be allowed to move residences or sleep away from home without prior approval and will not be allowed to date or socialize with anyone who has a child under the age of 16 without a probation officers prior approval.
“Moreno-Garcia is now on a very strict probation where any and all means of communication will be monitored 24/7 by law enforcement,” Socias said. “Should he attempt any illegal behavior again, he faces up to 10 years in prison.”
If Moreno-Garcia violates any term of his probation, he will be brought back before Cohoon and face the full range of third-degree punishment which includes between two and 10 years of prison time.
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