Penal Code · §33.021

Online Solicitation of a Minor

Q: 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?

2nd degree felony 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.

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.

To prove this offense, the State must establish each of the following elements: Communicates by electronic means; With a minor under 17 (or someone represented as such); In a sexually explicit manner OR solicits meeting for sexual conduct; 2nd degree (default for solicitation/under-14); 3rd degree (sexually explicit comm.).

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.

Elements you must prove

Communicates by electronic means
With a minor under 17 (or someone represented as such)
In a sexually explicit manner OR solicits meeting for sexual conduct
2nd degree (default for solicitation/under-14); 3rd degree (sexually explicit comm.)

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.)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Minor under 14 OR solicitation of meeting	2nd degree felony	§33.021(f)

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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?

Class A misdemeanor
State jail felony
3rd degree felony
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?

Indecent Exposure — Class B misdemeanor
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
Indecency with a Child — 2nd degree felony
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