Definition of Online Solicitation of a Minor - Texas Penal Code Section 33.021

§ 33.021. Online Solicitation of a Minor

(a) In this section:

(1) "Minor" means:

(A) an individual who represents himself or herself to be younger than 17 years of age; or

(B) an individual whom the actor believes to be younger than 17 years of age.

(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.

(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:

(1) communicates in a sexually explicit manner with a minor; or

(2) distributes sexually explicit material to a minor.

(c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

(d) It is not a defense to prosecution under Subsection (c) that:

(1) the meeting did not occur;

(2) the actor did not intend for the meeting to occur; or

(3) the actor was engaged in a fantasy at the time of commission of the offense.

(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1) the actor was married to the minor; or

(2) the actor was not more than three years older than the minor and the minor consented to the conduct.

(f) An offense under Subsection (b) is a state jail felony, and an offense under Subsection (c) is a felony of the third degree, except that an offense under Subsection (b) or (c) is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age.

(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

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Veronica - July 17, 2009 4:25 PM

When I was 16 yrs old I met a man of the age of 21 yrs, over the internet. We held a long distance relationship that included sexually explicit behavior but did not include sexual intercourse or sexual solicitation. In the state of Texas was any law broken by these actions? And if so and I am 22 yrs of age now, has the statute of limitations expired?

Ryan - August 3, 2009 1:27 PM

the other day i met what i was told to be an 18 year old female on the internet. we talked and decided to meet and at the last minute "she" changed her story to say she was only 16. the whole time i said i wasnt sure about it but "she" kept being extremely pushy and aggressive. i am only 19. when i got to the house there was a note on the door with this whole online solicitation of a minor thing printed out and a phone number on the bottom that said to call it if i didnt want to be turned over to the authorities...turns out its just some guy who sets people up and then blackmails them. he now is telling me if i dont give him quite a bit of money by the end of the week he is going to turn me over to police. if i read it right then as long as there is not more than three years of age difference and it is consensual then it is not illegal. i dont believe i have done anything illegal and in fact i believe he is guilty of blackmail and extortion. can somebody please help me out with this? i would really appreciate it

Chris - October 2, 2009 11:11 AM

My 18 year old daughter's boyfriend, 19, sent explicit text messages to my 14 year old. He was very clear in his attempt to solicit her for sex. My 18 year old does not want to face what he actually did. Any advice?

mj - October 22, 2009 2:50 PM

I was asked by one of my sons to make a prank phone call to another highscool student. I left him a message using a "gay " voice asking him to meet us all at Johnnies so he could be part of our boys club. that was meeting that night. I was in san antonio on a field trip, the 17 year old that got the message was 200 miles away. It was stupid an imature...but does that really meet the definition of solisitation of a minor?

Madelinia - April 24, 2010 4:48 PM

I have one of these living ON MY STREET! (Which is not a big street) And I think he is under watch and serving time, but anyway I AM REALLY SCARED of this child molesterer on my street, I'm afraid to ride my bike and sell girl scout cookies and stuff like that :( Help?

R.H. - November 10, 2011 12:34 PM

I know a girl (dike) that acts like a man. I knew the girl from school and talked to her. She told me to talk to her cousin, I said no. She was begging me to talk to him and I finally said "I'll see what i can do" so it came to us talking on a social network. Her cousin ended up being up her the whole time. So she sounds like a guy and we exchanged numbers and it was her, i thought it was her but I was 14 at the time & I am 18 now. So many things happened in the future and i want to know if i can do anything about it.

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