Online Solicitation of a Minor in Texas

This charge always involves electronic messages: the internet, email, texts, another message service, or a commercial online service. This page explains what Texas Penal Code Section 33.021 prohibits, the penalties, undercover sting cases, and what to do if police contact you. It is part of our guide to Dallas sexual offense defense. Peter M. Barrett has been licensed in Texas since 1994 and has tried more than 150 jury trials. He is a Past President of the Dallas Criminal Defense Lawyers Association (2005).

What Texas Penal Code 33.021 prohibits

Section 33.021 contains two separate offenses. Both require communication over the internet, by email, text, or another electronic message service, or through a commercial online service.

1. Sexually explicit communication or material (subsection b)

This offense applies only to a person 17 or older. It covers intentionally communicating in a sexually explicit manner with a minor, or intentionally sending sexually explicit material to a minor. The person must also intend to commit one of certain listed sexual offenses, such as sexual assault or indecency with a child.

"Sexually explicit" means communication, language, or material, including photos or video, that relates to or describes sexual conduct.

2. Soliciting a minor to meet (subsection c)

This offense applies when a person knowingly asks a minor, through one of those channels, to meet the person or someone else. The person must intend that the minor will engage in sexual contact or intercourse with the person or another person. Under subsection (d), it is not a defense that the meeting did not occur.

Under subsection (g), conduct that also violates another law may be prosecuted under this section, the other law, or both.

Penalties for online solicitation of a minor in Texas

Both offenses are felonies. The level depends on the subsection, the minor's age or believed age, and the school-hours enhancement.

The enhancement applies if it is shown at trial that the offense happened during regular public or private primary or secondary school hours. It must also be shown that the accused knew, or reasonably should have known, that the minor was enrolled in such a school.

Does the "minor" have to be a real child? Undercover sting cases

Section 33.021(a)(1) defines "minor" as an individual younger than 17, or an individual whom the accused believes to be younger than 17.

Because of that second part, the statute does not require a real child on the other end of the conversation. A charge can rest on messages with an adult, such as an undercover officer, if the accused believed that person was under 17. Belief also affects the penalty. Under subsection (f), an explicit communication charge becomes second-degree if the minor is, or is believed to be, under 14.

So what the person actually believed, and what the messages show about age, deserve line-by-line review.

Defenses written into the statute

Subsection (e) sets out two defenses. Each applies if, at the time of the conduct described in subsection (c), the accused:

• was married to the minor; or
• was not more than three years older than the minor, and the minor consented to the conduct.

The defenses are tied to the meeting-solicitation conduct in subsection (c), so how they apply to specific facts needs a lawyer's review. Beyond these defenses, every case turns on the evidence, including whether the required intent can be proven.

Sex offender registration: generally 10 years

Online solicitation of a minor is a reportable offense under Tex. Code Crim. Proc. art. 62.001(5)(J), so a conviction brings a duty to register. It is not on the lifetime list in article 62.101(a).

Under article 62.101(c)(2), the duty generally ends 10 years after the latest of these dates: release from a penal institution, discharge of community supervision, or the court's dismissal and discharge. Failing to comply is a separate state jail felony for these registrants under article 62.102(b)(1). See our guide to Texas sex offender registration.

Is there a time limit to bring charges?

Online solicitation of a minor is not named in the special lists in Code of Criminal Procedure article 12.01. It falls under article 12.01(11), the catch-all for "all other felonies." For those, an indictment must be presented within three years from the date of the offense. Article 12.01 notes exceptions in articles 12.015 and 12.03, so confirm the deadline for your case with counsel.

What to do if police contact you

Contact can come before any charge: a call from a detective, a request to "come in and talk," or a search warrant.

• Do not discuss the accusation without a lawyer. Say politely that you want an attorney first. Read about your right to remain silent in Texas.
• Do not delete anything. Leave messages, apps, accounts, and files as they are.
• Preserve your devices. Do not wipe, reset, sell, or give away phones or computers.
• Do not contact the other person or account, even to explain.
• Write down what you remember: dates, platforms, usernames, and how the conversation started. Share it only with your lawyer.
• Call before you respond: (214) 526-0555.

How Peter Barrett approaches online solicitation cases

These cases are built on digital records, so Peter Barrett starts with the full record, not the excerpts in a police report. The review covers:

• The complete chat logs, in order, to see whether anything is missing, cropped, or out of context.
• The digital evidence trail: how data was collected from phones, apps, and accounts, and whether it can reliably be tied to the accused.
• Age and belief: what the messages and profiles actually say about age, and what the person could have believed.
• Intent: whether the messages show the specific intent each subsection requires.
• Statutory defenses: whether the marriage or close-in-age defense may fit.

In undercover cases, the review asks practical questions. Who started the conversation? Who first raised age, sex, or a meeting? Did the account holder hesitate or try to end the chat? How persistent was the other side? These answers shape the strategy.

Every case is different. Past results do not guarantee future outcomes. A first consultation is a confidential, candid look at the evidence and your options.

Common questions

This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.