Penal Code · §33.021
Online Solicitation of a Minor
Elements
- A person who is 17 years of age or older
- Communicates in a sexually explicit manner with a minor (or person actor believes to be a minor); OR distributes sexually explicit material to a minor; OR
- (For §33.021(c)) Knowingly solicits a minor to meet another person, including the actor, with intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse
- Over the Internet, by electronic mail, by text message or other electronic message service or system, or through a commercial online service
Penalty
Communication/distribution under §33.021(b): Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34); Second-degree felony if minor is younger than 14 or actor believes minor is younger than 14 — 2 to 20 years + up to $10,000 fine (§12.33). Solicitation under §33.021(c): Second-degree felony — 2 to 20 years + up to $10,000 fine (§12.33).
Enhancements
Sex offender registration required (Tex. Code Crim. Proc. ch. 62). It is no defense that the meeting did not occur, that the actor did not intend for the meeting to occur, or that the actor was engaged in fantasy at the time. Affirmative defenses under §33.021(e) for spouse/age-similar circumstances.