Texas online solicitation of a minor (sexual material transmission)
Texas online solicitation of a minor (sexual material transmission) is a criminal offense under Penal Code § 33.021(c). Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
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Classification: 3rd-degree felony; 2nd-degree felony if victim is under 14
Punishment range: 3rd-degree felony (2-10 years + $10,000) under § 12.34 when victim is 14-17; 2nd-degree felony (2-20 years + $10,000) under § 12.33 when victim is under 14 or defendant believed victim was under 14; mandatory sex offender registration under CCP Chapter 62; federal prosecution under 18 U.S.C. § 2422 likely
The controlling statute
Texas Penal Code § 33.021(c) criminalizes knowingly soliciting a minor (or a person believed to be a minor) over the internet, text, or other electronic communication to meet the actor for sexual conduct. The statute makes the solicitation itself the offense — no actual meeting need occur. After Ex parte Lo (Tex. Crim. App. 2013) struck down § 33.021(b), the State refined the statute, and § 33.021(c) has survived subsequent constitutional challenge.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 33.021(c) |
| Cluster | Sex Crimes |
| Classification | 3rd-degree felony; 2nd-degree felony if victim is under 14 |
| Range | 3rd-degree felony (2-10 years + $10,000) under § 12.34 when victim is 14-17; 2nd-degree felony (2-20 years + $10,000) under § 12.33 when victim is under 14 or defendant believed victim was under 14; mandatory sex offender registration under CCP Chapter 62; federal prosecution under 18 U.S.C. § 2422 likely |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 33.021(c) charge, the State must prove every element beyond a reasonable doubt:
- Defendant communicated by electronic means with a minor or a person represented to be a minor
- Defendant solicited the minor to meet the defendant or another person
- Purpose of the requested meeting was to engage in sexual contact or sexual intercourse
- Defendant acted knowingly with respect to the minor's age and the sexual purpose
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Online Solicitation of a Minor (Sexual Material Transmission) case:
- Mistake-of-age defense under § 33.021(e) when complainant is 14 or older and defendant reasonably believed they were 17 or older
- Entrapment defense under § 8.06 in sting operations — common in MSP and HSI sting cases
- First Amendment challenge to communications constituting protected expression
- Lack of intent to meet for sexual purposes — communications were fantasy or roleplay
- Constitutional vagueness or overbreadth challenge to § 33.021(c)
- Suppression of evidence from undercover stings exceeding statutory authority
Enhancements & collateral consequences
Section 33.021(c) elevates from a 3rd-degree felony to a 2nd-degree felony when the minor is under 14 or the defendant believed the minor was under 14 under § 33.021(f). Parallel federal prosecution under 18 U.S.C. § 2422(b) carries a 10-year mandatory minimum and up to life imprisonment. Travel across state lines for the offense triggers 18 U.S.C. § 2423.
Key Legal Terms
- Solicit (§ 33.021(a))
- To command, request, induce, entreat, or otherwise attempt to persuade another, including a minor or person represented to be a minor, to engage in conduct.
- Minor (§ 33.021(a)(1))
- Person younger than 17 years of age, or a person represented to be younger than 17 in electronic communications under § 33.021.
- Mistake of Age Defense (§ 33.021(e))
- Affirmative defense available when the complainant was at least 14 and the defendant reasonably believed they were 17 or older; burden of persuasion on defendant by preponderance.
Frequently Asked Questions
Does it matter if the 'minor' was actually an undercover officer?
Is the mistake-of-age defense available?
What sentences are typical in Collin County for § 33.021(c)?
Will federal authorities take over?
Does § 33.021(c) require sexual content in the messages?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Online Solicitation of a Minor (Sexual Material Transmission)? Talk to L and L Law Group.
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