Texas online solicitation of a minor — Penal Code § 33.021
Texas online solicitation of a minor is a criminal offense under Penal Code § 33.021. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. 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.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 33.021 criminalizes online communication with a minor for sexual purposes. The current statute survived First Amendment challenge after *Ex parte Lo*, 424 S.W.3d 10 (Tex. Crim. App. 2013), struck down its predecessor for overbreadth. The current version focuses on sexually explicit communications with a minor under 17 (or 14) and solicitat
Classification: Third-degree felony to second-degree felony
Punishment range: 3rd-degree felony (2-10 years TDCJ) base; 2nd-degree felony (2-20 years TDCJ) if minor under 14
The controlling statute
Texas Penal Code § 33.021 criminalizes online communication with a minor for sexual purposes. The current statute survived First Amendment challenge after *Ex parte Lo*, 424 S.W.3d 10 (Tex. Crim. App. 2013), struck down its predecessor for overbreadth. The current version focuses on sexually explicit communications with a minor under 17 (or 14) and solicitation to meet for sexual conduct.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 33.021 |
| Cluster | Sex Crimes / Indecency |
| Classification | Third-degree felony to second-degree felony |
| Range | 3rd-degree felony (2-10 years TDCJ) base; 2nd-degree felony (2-20 years TDCJ) if minor under 14 |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 33.021 charge, the State must prove every element beyond a reasonable doubt:
- Defendant communicated over the internet, by electronic mail, or by text message
- With a minor (under 17, or under 14 for enhanced version)
- Communication was sexually explicit OR sought a meeting for sexual conduct
- Defendant was over 17 years old
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Online Solicitation of a Minor case:
- Entrapment under Penal Code § 8.06 (sting operations)
- Reasonable belief that the recipient was 17 or older (§ 33.021(e) defense)
- No "sexually explicit" communication or solicitation for sexual conduct
- First Amendment defenses (limited, post-Ex parte Lo)
- Chat-log authentication and forensic challenges
- Suppression of digital evidence under Fourth Amendment / Riley v. California
Enhancements & collateral consequences
Section 33.021(c) elevates the offense to a SECOND-DEGREE felony when the minor is under 14 years of age. Lifetime sex offender registration under CCP Chapter 62 applies. Federal SORNA Tier II or III may apply.
Key Legal Terms
- *Ex parte Lo*, 424 S.W.3d 10 (Tex. Crim. App. 2013)
- Texas Court of Criminal Appeals decision striking down predecessor § 33.021(b) on First Amendment overbreadth grounds. The current version was rewritten to address these concerns.
- Sting Operation
- Law enforcement technique using officers posing as minors online. § 33.021 prosecutions frequently arise from these operations. Entrapment defense under § 8.06 is the primary challenge.
- Sexually Explicit Communication
- Communication that is harmful to minors as defined in § 43.24(a)(2) — appealing to prurient interest, patently offensive sexual conduct, lacking serious value for minors.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Is online solicitation of a minor a felony in Texas?
What is the affirmative defense in § 33.021 cases?
Can entrapment be a defense in online solicitation sting operations?
Is sexting with a minor a crime in Texas?
What is the difference between online solicitation and indecency with a child by communication?
References & Authoritative Sources
About the Authors
Charged with Texas Online Solicitation of a Minor? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060