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.

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

Elements the State must prove

To convict on a Texas § 33.021(c) charge, the State must prove every element beyond a reasonable doubt:

1. Defendant communicated by electronic means with a minor or a person represented to be a minor
2. Defendant solicited the minor to meet the defendant or another person
3. Purpose of the requested meeting was to engage in sexual contact or sexual intercourse
4. 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.