Online Solicitation of a Minor in Texas — Penal Code §33.021
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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.
Table of Contents
The §33.021 elements
Penal Code §33.021 has multiple offense theories:
(b) Sexually explicit communication. Using internet or electronic communication to communicate in sexually explicit manner with a minor (under 17), or with someone defendant believes to be a minor. Third-degree felony.
(c) Solicitation. Using internet, electronic communication, or text message to solicit a minor (under 17) to meet for sexual conduct. Third-degree felony; enhanced to second-degree if defendant 17+ and minor under 14, OR if defendant communicated in sexually explicit manner.
Key elements:
- Use of electronic communication system
- Communication with minor (or person believed to be minor)
- Sexually explicit content (for (b)) or solicitation for sexual conduct (for (c))
The "person believed to be minor" element is critical for sting operations — the defendant's mistaken belief about age is sufficient for prosecution.
Sting operations
Most Texas online solicitation cases come from sting operations. Law enforcement officers (often state police or task forces) pose as minors on:
- Dating apps
- Social media
- Chat rooms
- Text messaging
- Specific platforms targeted by predators
The communications often follow predictable patterns: officer initiates contact, defendant escalates conversation toward sexual content, officer confirms minor age, communications become sexually explicit, defendant proposes meeting. Officers arrange meet-up locations where defendant is arrested.
The legal sufficiency of these stings has been substantially litigated. Texas appellate courts have generally upheld stings under entrapment and constitutional theories.
Defense framework
Defenses to online solicitation:
Lack of belief that other party was minor. The state must prove defendant believed the recipient was a minor. Where the conversation context, platform, or other factors suggested adult, this element may be contested. Adult-platform communications have stronger defenses.
Entrapment. Texas Penal Code §8.06 codifies entrapment defense. Where law enforcement induced the conduct in a way the defendant wouldn't have engaged otherwise, entrapment may apply. Mere opportunity isn't entrapment; persistent persuasion may be.
First Amendment. Adult-to-adult communications, even if sexually explicit, are generally protected. Where the recipient was actually adult and the defendant believed adult, First Amendment defenses apply.
Identity. Where the communications were attributed to the defendant via electronic means (IP, account ownership), establishing identity can be contested.
"Sexual conduct" element. The statute requires solicitation of "sexual conduct" or "sexually explicit" communication. Some communications fall outside these definitions.
Defense investigation includes: device forensic analysis, account ownership verification, conversation context review, identification of officer participating in sting.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In 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.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What if I never planned to actually meet?
The statute can be charged based on the communications alone, without meeting. The (b) sexually explicit communication theory and (c) solicitation theory both criminalize the communications independent of any actual meeting. Defense focuses on whether the communications meet statutory definitions.
Can I be charged for sting that happened in another state?
Texas can prosecute where any element occurred in Texas. Communications received in Texas, defendant in Texas, or other Texas connections support state jurisdiction. Federal charges (under 18 U.S.C. §2422) may also apply for interstate communications.
Does the entrapment defense work?
Sometimes. Entrapment requires showing law enforcement induced conduct the defendant wouldn't otherwise have engaged in. Mere opportunity (officer posing as minor available for conversation) doesn't entrap; persistent solicitation by officers might. Defense success rates on entrapment in these cases are mixed.
Will I have to register as sex offender?
Yes, on conviction. Online solicitation is a registrable offense under Code of Criminal Procedure ch. 62. Lifetime registration in most cases. Even probation grants don't avoid registration.
How can I afford specialist defense?
Most online solicitation cases require $20,000-$60,000 in defense investment. Specialist representation is critical due to the technical (electronic communications) and legal (entrapment, First Amendment, sting procedures) complexities. Payment plans, family resources, and third-party legal financing are common funding methods.
