While this type of question would ordinarily seem to be a simple inquiry, there are too many variables that come into play in any case to determine what a sentence will be based upon the few facts you list. The sentence will vary, depending on whether he is charged under State or Federal law; and, the litany of aggravating and mitigating factors that can affect the sentence is not short. Consult with your lawyer, who can review all of the case facts in light of the aggravating and mitigating factors, and who would then be in a position to properly estimate the sentence. Good luck.
This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.
The punishment range for these offenses in Texas are as follows:
- Attempted Aggravated Sexual Assault of a Minor (TX Penal Code 22.021) is a second degree felony carrying the possibility of 2-20 years in state prison or a probation of up to 10 years.
- Online Solicitation of a Minor (TX Penal Code 33.021) is a state jail felony carrying up to 2 years in state jail or 5 years probation, unless the child is 14 (or the defendant believes child to be 14) in which case it is a third degree felony carrying from 2-10 years in prison or up to 10 years probation.
The actual punishment the State will be asking for (either in negotiations or at trial) will depend heavily on the actual facts of this case. Talk to a local criminal defense attorney who handles child sex cases ASAP.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.