Penal Code · §33.021

Online Solicitation of a Minor

Communicates by electronic means with a minor under 17 (or person represented to actor as such) in a sexually explicit manner OR solicits a meeting with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

The base classification is 3rd degree felony (sexually explicit comm.), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Communicates by electronic means
  • With a minor under 17, or someone the actor believes is under 17
  • Sexually explicit communication: the actor is 17 or older and intends to commit a listed sex offense (§33.021(b)); solicitation: the actor intends that the minor engage in sexual contact or intercourse with the actor or another (§33.021(c))
  • Grade: 2nd degree for solicitation; 3rd degree for sexually explicit communication (2nd if the minor is under 14)
Texas Law — Charge Details
3rd Degree → 2nd Degree Felony
Offense
Online Solicitation of a Minor
Statute
Tex. Penal Code §33.021
Classification
3rd degree felony (sexually explicit comm.)

Communicates by electronic means with a minor under 17 (or person represented to actor as such) in a sexually explicit manner OR solicits a meeting with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Minor under 14 OR solicitation of meeting2nd degree felony

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Worked examples

Worked example 1

Online Solicitation of a Minor under §33.021 includes communicating in a sexually explicit manner with a minor (or person represented to be a minor) under 17 OR soliciting a meeting for sexual conduct. The basic offense is what level?

  1. Class A misdemeanor
  2. State jail felony
  3. 3rd degree felony
  4. 2nd degree felony Correct
Why: Online Solicitation of a Minor is generally a 3rd degree felony, but RISES to a 2nd degree felony when the minor is younger than 14 or the actor solicits a meeting with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.
Statute: Tex. Penal Code §33.021
Worked example 2

A 35-year-old defendant exchanges sexually explicit messages with someone he believes to be 13 years old over a chat app. (The person is actually an undercover officer.) Charge?

  1. Indecent Exposure — Class B misdemeanor
  2. Online Solicitation of a Minor — generally 3rd degree felony, 2nd degree if minor is younger than 14 or for solicitation of meeting for sexual conduct Correct
  3. Indecency with a Child — 2nd degree felony
  4. No offense — the 'minor' is actually an adult officer
Why: Online Solicitation applies even when the actor is communicating with a person represented to be a minor. 3rd degree felony for sexually explicit communications; 2nd degree felony if the minor is younger than 14 OR the actor solicits a meeting with intent that the minor engage in sexual conduct.
Statute: Tex. Penal Code §33.021