{"id":280,"date":"2026-10-12T23:16:12","date_gmt":"2026-10-12T23:16:12","guid":{"rendered":"https:\/\/35-229-99-24.nip.io\/?page_id=280"},"modified":"2026-10-12T23:16:12","modified_gmt":"2026-10-12T23:16:12","slug":"solicitation-of-a-minor","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/solicitation-of-a-minor\/","title":{"rendered":"Solicitation of a Minor Defense Lawyer, Frisco, Texas"},"content":{"rendered":"\n<div class=\"wp-block-cover alignfull is-dark\" style=\"min-height:460px;aspect-ratio:unset;\"><img decoding=\"async\" class=\"wp-block-cover__image-background\" alt=\"Solicitation of a Minor Defense Lawyer, Frisco, Texas. a realistic, non-graphic photo of the setting of solicitation minor defense frisco texas: the place and the objects involved, no injured people, no medical equipment, no wheelchairs or walkers\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/solicitation-of-a-minor-defense-lawyer-frisco-texas-a-realis-photo.jpg\"\/><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<p class=\"chg-eyebrow has-base-color has-text-color wp-block-paragraph\">Sex Crimes Defense | Frisco, Texas<\/p><h1 class=\"wp-block-heading has-base-color has-text-color\">Accused of Soliciting a Minor in Texas? Start With a Defense Lawyer Who Listens<\/h1><p class=\"has-base-color has-text-color wp-block-paragraph\" style=\"font-size:clamp(0.875rem, 0.875rem + ((1vw - 0.2rem) * 0.625), 1.25rem);\">Barbieri Law Firm defends Texas clients accused of online sex crimes and child sex crimes across Collin County and Dallas-Fort Worth. We will review the facts with you and explain your options in plain language.<\/p><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:0.85rem;color:#6b7280;margin-bottom:1.5rem\">By Heather Barbieri \u00b7 Published October 10, 2026<\/p>\n\n<article lang=\"en\">\n\n<p>Solicitation of a minor in Texas is a felony when an adult, with a specific intent, communicates online in a sexually explicit way with someone they believe is under 17. The core rule is in <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Penal Code \u00a7 33.021<\/a>. A real child is not always required, and an in-person meeting is not required. If you&#8217;re reading this because someone you care about was accused, you need plain answers first. Read on for general information about how accusations like these can arise and what a defense lawyer may look at when reviewing one.<\/p>\n<h2>What Texas Law Means by Solicitation of a Minor<\/h2>\n<p>Texas treats online solicitation of a minor as a statutory offense under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Penal Code \u00a7 33.021<\/a>. The statute applies to a person who is 17 or older. It covers messages sent by email, text, other electronic message systems, or a commercial online service.<\/p>\n<p>The communication offense covers intentionally communicating in a sexually explicit manner with a minor, or sending sexually explicit material to a minor. The state must also show intent to commit a listed sex offense. The meeting offense covers knowingly soliciting a minor to meet another person, with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.<\/p>\n<p>The statute defines a minor as someone younger than 17, or someone the defendant believes is younger than 17. It is a separate statute, and this page does not describe its elements. The exact charge depends on the facts the state alleges.<\/p>\n\n<div class=\"cta-dose-mid wp-block-group has-base-color has-accent-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-32197852 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--accent,#20242e);color:var(--wp--preset--color--base,#ffffff);border-radius:8px;padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem;border-left:6px solid var(--wp--preset--color--cta,currentColor);box-shadow:0 2px 10px rgba(0,0,0,0.18)\">\n<div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Get a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Get a free consultation<\/a><\/div><\/div>\n<\/div>\n<h2>How These Cases Commonly Arise<\/h2>\n<p>These cases often begin with a message on a chat app, social platform, dating app, or gaming site. The written record of those messages is usually the center of the state&#8217;s case.<\/p>\n<p>Some investigations start with an online profile set up to look like a teenager. Police or volunteers may run these profiles. Other cases start with a report from a parent, a platform, or a school.<\/p>\n<p>Many people first learn of the allegation from a knock at the door or a call from police. That moment is stressful. Many later problems start there, so it helps to know what comes next. The timing of messages, who started the conversation, and what was actually said are the first things a lawyer reviews.<\/p>\n<h2>Can the Charge Apply When the Minor Is Not Real?<\/h2>\n<p>Yes, the statute reaches a person the defendant believes is a minor. A real child is not the only way the statute can apply.<\/p>\n<p>The definition of minor includes an individual the actor believes to be younger than 17. That belief language is why undercover operations sit at the center of many of these cases. The defendant&#8217;s belief about age becomes a key question.<\/p>\n<p>A lawyer looks closely at what the messages say about age. The labels investigators use are not the same as the words that were actually sent.<\/p>\n<p>Texas also recognizes entrapment. Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\">Penal Code \u00a7 8.06<\/a>, it is a defense when a law enforcement agent induces the conduct using persuasion or other means likely to cause someone to commit the offense. The statute also says that merely giving a person an opportunity to commit an offense is not entrapment. Whether that defense fits depends on how the contact started and how it went.<\/p>\n<h2>Is a Meeting or Physical Contact Required?<\/h2>\n<p>No. The statute says it is not a defense to the meeting offense that the meeting did not occur. The charge can be based on the communications themselves.<\/p>\n<p>Other laws can also reach the same conduct. Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Penal Code \u00a7 33.021<\/a>, the same conduct may be prosecuted under this section, the other law, or both. Travel or an actual meeting may change how the state presents the case, so those facts matter.<\/p>\n<p>Because the messages are the core evidence, a lawyer&#8217;s first questions are usually what was said, when, and by whom.<\/p>\n<h2>Possible Defenses and Questions a Lawyer Reviews<\/h2>\n<p>A lawyer starts by checking how the contact began, who said what, and what the defendant believed about age. The answers shape which defenses may fit.<\/p>\n<ul>\n<li>How and by whom the conversation started<\/li>\n<li>What the messages said, and their timing and sequence<\/li>\n<li>What the defendant knew or believed about the other person&#8217;s age<\/li>\n<li>Whether the messages were preserved accurately and tied to the right account or device<\/li>\n<li>How investigators got access to accounts or devices<\/li>\n<\/ul>\n<p>The statute also lists defenses to the meeting offense. It is a defense that the actor was married to the minor. It is also a defense that the actor was not more than three years older than the minor and the minor consented.<\/p>\n<p>Wrongful accusations do happen. The <a href=\"https:\/\/www.law.umich.edu\/special\/exoneration\/Pages\/about.aspx\">National Registry of Exonerations<\/a> tracks wrongful convictions and records false accusations and mistaken identification among the causes. No lawyer can promise a result. The facts in the file decide which defenses apply.<\/p>\n<h2>Possible Penalties Under Texas Law<\/h2>\n<p>Penalties follow the felony category the statute assigns. Each category sets a range of prison time and a fine cap.<\/p>\n<ul>\n<li><strong>Third-degree felony:<\/strong> A third-degree felony in Texas carries a possible prison term of 2 to 10 years and a fine of up to $10,000.<\/li>\n<li><strong>Second-degree felony:<\/strong> Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\">\u00a7 12.33<\/a>, prison for 2 to 20 years, plus a fine of up to $10,000. The meeting offense is a second-degree felony. The communication offense is second-degree if the minor is younger than 14, or someone the actor believes is younger than 14.<\/li>\n<li><strong>First-degree felony:<\/strong> Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\">\u00a7 12.32<\/a>, life or 5 to 99 years, plus a fine of up to $10,000.<\/li>\n<\/ul>\n<p>The statute also raises punishment in one case. If it is shown that the offense happened during regular school hours, and the actor knew or reasonably should have known the minor was enrolled in school, the punishment moves to the next higher category under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">\u00a7 33.021<\/a>.<\/p>\n<p>A prior conviction can also raise punishment. Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.42\">\u00a7 12.42<\/a>, a prior final felony conviction can raise a third-degree felony to second-degree punishment. Other consequences can follow a conviction, and this page does not list them. A lawyer can explain the exposure once the charge and facts are known.<\/p>\n\n<div class=\"cta-dose-mid wp-block-group has-base-color has-accent-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-32197852 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--accent,#20242e);color:var(--wp--preset--color--base,#ffffff);border-radius:8px;padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem;border-left:6px solid var(--wp--preset--color--cta,currentColor);box-shadow:0 2px 10px rgba(0,0,0,0.18)\">\n<h3 class=\"wp-block-heading has-base-color has-text-color\">Not sure what your next step is?<\/h3><p class=\"wp-block-paragraph\">Talk it through with our team &#8212; the first consultation is free, confidential, and carries no obligation.<\/p><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Get a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Get a free consultation<\/a><\/div><\/div>\n<\/div>\n<h2>What to Do If You or Someone You Care About Is Facing This Charge<\/h2>\n<p>If this charge involves someone you love, protect the facts first. You may be reading this for a family member or friend, in a situation you didn&#8217;t choose.<\/p>\n<p>Many people feel pressure to explain themselves to police, a platform, or the other person. Hold off on that. Don&#8217;t discuss the case with others, and don&#8217;t delete messages or wipe devices. Leave accounts and devices as they are, and let a lawyer decide what to do with them.<\/p>\n<p>Nothing on this page predicts how a case will end. Every case turns on its own record.<\/p>\n<p>If you have questions about this charge, call Barbieri Law Firm at (972) 424-1902 or send your case details through the <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">contact form<\/a> to schedule a free consultation. A criminal defense lawyer can review the charge and the evidence with you. No lawyer can promise a result.<\/p>\n<h3>Frequently asked questions<\/h3>\n<p><strong>Is solicitation of a minor a felony in Texas?<\/strong> Yes. Both offenses under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\">Penal Code \u00a7 33.021<\/a> are felonies, and the category depends on the offense and the facts.<\/p>\n<p><strong>Does the minor have to be real?<\/strong> No. The statute includes a person the defendant believes is under 17.<\/p>\n<p><strong>Is a meeting required for the charge?<\/strong> No. The statute says it is not a defense that the meeting did not occur.<\/p>\n<p><strong>Can a lawyer explain the penalties?<\/strong> Yes. A lawyer can explain the specific exposure once the charge and facts are known.<\/p>\n<p>Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.<\/p>\n\n<\/article>\n<footer class=\"disclaimer\"><em>Barbieri Law Firm, 17 Cowboys Way, Suite 175, Frisco, TX 75034. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Results listed are not a guarantee or indication of future case results.<\/em><\/footer>\n\n\n<div class=\"wp-block-group alignfull has-surface-background-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-583d630a wp-block-group-is-layout-constrained\" style=\"padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center\">What a defense lawyer may review<\/h2>\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-f56f613f wp-block-columns-is-layout-flex\"><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><div class=\"wp-block-group has-base-background-color has-background is-layout-flow wp-block-group-is-layout-flow\" style=\"border-radius:8px;box-shadow:0 4px 14px rgba(0,0,0,0.08);padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem\"><h3 class=\"wp-block-heading\">The messages and the platform<\/h3><p class=\"wp-block-paragraph\">Chat logs, timestamps, and the accounts and devices involved can matter. A careful review looks at what was actually said, by whom, and in what context.<\/p><\/div><\/div><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><div class=\"wp-block-group has-base-background-color has-background is-layout-flow wp-block-group-is-layout-flow\" style=\"border-radius:8px;box-shadow:0 4px 14px rgba(0,0,0,0.08);padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem\"><h3 class=\"wp-block-heading\">How the conversation unfolded<\/h3><p class=\"wp-block-paragraph\">The full exchange, including who started it and what was said about age, is often more important than a single message taken out of context.<\/p><\/div><\/div><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><div class=\"wp-block-group has-base-background-color has-background is-layout-flow wp-block-group-is-layout-flow\" style=\"border-radius:8px;box-shadow:0 4px 14px rgba(0,0,0,0.08);padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem\"><h3 class=\"wp-block-heading\">How the investigation was done<\/h3><p class=\"wp-block-paragraph\">Police reports, digital evidence, and the steps taken to collect it are reviewed to identify gaps, errors, and questions that need answers.<\/p><\/div><\/div><\/div>\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-f56f613f wp-block-columns-is-layout-flex\"><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><div class=\"wp-block-group has-base-background-color has-background is-layout-flow wp-block-group-is-layout-flow\" style=\"border-radius:8px;box-shadow:0 4px 14px rgba(0,0,0,0.08);padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem\"><h3 class=\"wp-block-heading\">Your options<\/h3><p class=\"wp-block-paragraph\">We explain the options that may be available in your case and what each could mean for your work, your family, and your future.<\/p><\/div><\/div><\/div>\n\n<\/div>\n\n\n\n<div class=\"wp-block-group alignwide has-global-padding is-layout-constrained wp-container-core-group-is-layout-583d630a wp-block-group-is-layout-constrained\" style=\"padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center\">Why people call Barbieri Law Firm<\/h2>\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-f56f613f wp-block-columns-is-layout-flex\"><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><h3 class=\"wp-block-heading\">An all-women firm<\/h3><p class=\"wp-block-paragraph\">Barbieri Law Firm is led by Heather Barbieri and focuses on defending clients accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth, and across Texas.<\/p><\/div><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><h3 class=\"wp-block-heading\">Board certification<\/h3><p class=\"wp-block-paragraph\">Heather Jean Barbieri, Board Certified, Criminal Law &#8212; Texas Board of Legal Specialization.<\/p><\/div><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><h3 class=\"wp-block-heading\">A confidential conversation<\/h3><p class=\"wp-block-paragraph\">Share what you know in a private consultation. We will review the facts, the evidence, and the process with you.<\/p><\/div><\/div>\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-f56f613f wp-block-columns-is-layout-flex\"><div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\"><h3 class=\"wp-block-heading\">Plain answers<\/h3><p class=\"wp-block-paragraph\">We take the time to explain the charge, how the case moves through the system, and the questions you should be asking next.<\/p><\/div><\/div>\n\n<\/div>\n\n\n\n<div class=\"wp-block-group has-base-color has-accent-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-32197852 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--accent,#20242e);color:var(--wp--preset--color--base,#ffffff);border-radius:8px;padding-top:1.5rem;padding-bottom:1.5rem;padding-left:1.5rem;padding-right:1.5rem;border-left:6px solid var(--wp--preset--color--cta,currentColor);box-shadow:0 2px 10px rgba(0,0,0,0.18)\">\n<h3 class=\"wp-block-heading has-base-color has-text-color\">Being accused is not the same as being convicted<\/h3><p class=\"wp-block-paragraph\">An accusation is only the beginning. Every case is different, and outcomes depend on the facts, the evidence, and the law as it applies to your situation. Do not assume the worst, and do not discuss the case with others before you have talked with a defense lawyer.<\/p><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Call (972) 424-1902<\/a><\/div><div class=\"wp-block-button chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Call (972) 424-1902<\/a><\/div><\/div>\n<\/div>\n\n\n\n<div class=\"wp-block-group alignfull has-base-color has-primary-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-4d466591 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--primary,#20242e);color:var(--wp--preset--color--base,#ffffff);padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center has-base-color has-text-color\">Get plain answers about your case<\/h2>\n<div class=\"wp-block-buttons is-content-justification-center is-layout-flex wp-container-core-buttons-is-layout-0aa01211 wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div>\n\n<h2 class=\"wp-block-heading\">Related practice areas<\/h2><ul class=\"wp-block-list\"><li><a href=\"\/online-sex-crimes-defense-lawyer\/\">Online Sex Crimes Defense Lawyer | Collin County &amp; Texas<\/a><\/li><li><a href=\"\/online-sex-crimes-defense-lawyer\/collin-county\/\">Sex Crimes Defense Lawyer in Collin County<\/a><\/li><li><a href=\"\/online-sex-crimes-defense-lawyer\/prosper\/\">Sex Crimes Defense Lawyer in Prosper<\/a><\/li><\/ul>","protected":false},"excerpt":{"rendered":"<p>What Texas Penal Code 33.021 covers, how these cases start, penalty ranges, and what a Frisco criminal defense lawyer reviews.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":19,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"chg_review":"{\"v\": 1, \"checked_at\": \"2026-10-10T19:17:44+00:00\", \"checked\": true, \"jurisdiction\": \"Texas\", \"claims\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"A person who is 17 years of age or older commits an offense if\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; \u2026\", \"sentence\": \"Solicitation of a minor in Texas is a felony when an adult, with a specific intent, communicates online in a sexually explicit way with someone they believe is under 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"Sec. 33.021. ONLINE SOLICITATION OF A MINOR.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"The core rule is in Penal Code \u00a7 33.021.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(B) an individual whom the actor believes to be younger than 17 years of age.\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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. \u2026\", \"sentence\": \"A real child is not always required, and an in-person meeting is not required.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"Sec. 33.021. ONLINE SOLICITATION OF A MINOR.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"Texas treats online solicitation of a minor as a statutory offense under Penal Code \u00a7 33.021.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"A person who is 17 years of age or older commits an offense if\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; \u2026\", \"sentence\": \"The statute applies to a person who is 17 or older.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"by electronic mail or text message or other electronic message service or system, or through a commercial online service\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"It covers messages sent by email, text, other electronic message systems, or a commercial online service.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(1) communicates in a sexually explicit manner with a minor; or\\n(2) distributes sexually explicit material to a minor.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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, by electronic mail or text message or other electronic message service or system, or through 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 \u2026\", \"sentence\": \"The communication offense covers intentionally communicating in a sexually explicit manner with a minor, or sending sexually explicit material to a minor.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"The state must also show intent to commit a listed sex offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"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.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (2) distributes sexually explicit material to a minor. (c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through 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 the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; \u2026\", \"sentence\": \"The meeting offense covers knowingly soliciting a minor to meet another person, with intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(A) an individual who is younger than 17 years of age; or\\n(B) an individual whom the actor believes to be younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"The statute defines a minor as someone younger than 17, or someone the defendant believes is younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(B) an individual whom the actor believes to be younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"Yes, the statute reaches a person the defendant believes is a minor.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(B) an individual whom the actor believes to be younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"A real child is not the only way the statute can apply.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"an individual whom the actor believes to be younger than 17 years of age\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"The definition of minor includes an individual the actor believes to be younger than 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\", \"cite\": \"Texas Penal Code \u00a7 8.06\", \"heading\": \"ENTRAPMENT\", \"support\": \"It is a defense to prosecution that the actor engaged in the conduct charged\", \"verdict\": \"supported\", \"law_text\": \"Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section \\\"law enforcement agent\\\" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.\", \"sentence\": \"Texas also recognizes entrapment.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\", \"cite\": \"Texas Penal Code \u00a7 8.06\", \"heading\": \"ENTRAPMENT\", \"support\": \"It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section \\\"law enforcement agent\\\" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.\", \"sentence\": \"Under Penal Code \u00a7 8.06, it is a defense when a law enforcement agent induces the conduct using persuasion or other means likely to cause someone to commit the offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.8.htm#8.06\", \"cite\": \"Texas Penal Code \u00a7 8.06\", \"heading\": \"ENTRAPMENT\", \"support\": \"Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section \\\"law enforcement agent\\\" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.\", \"sentence\": \"The statute also says that merely giving a person an opportunity to commit an offense is not entrapment.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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. \u2026\", \"sentence\": \"No. The statute says it is not a defense to the meeting offense that the meeting did not occur.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"communicates in a sexually explicit manner with a minor\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. \u2026\", \"sentence\": \"The charge can be based on the communications themselves.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"the actor may be prosecuted under this section, the other law, or both.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (2) the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense. (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.\", \"sentence\": \"Under Penal Code \u00a7 33.021, the same conduct may be prosecuted under this section, the other law, or both.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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. \u2026\", \"sentence\": \"The statute also lists defenses to the meeting offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"the actor was married to the minor\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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. \u2026\", \"sentence\": \"It is a defense that the actor was married to the minor.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"the actor was not more than three years older than the minor and the minor consented to the conduct.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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 felony of the third degree, except that the offense 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 at the time of the commission of the offense. \u2026\", \"sentence\": \"It is also a defense that the actor was not more than three years older than the minor and the minor consented.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.04\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.04\", \"heading\": \"CLASSIFICATION OF FELONIES\", \"support\": \"Felonies are classified according to the relative seriousness of the offense into five categories\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are classified according to the relative seriousness of the offense into five categories: (1) capital felonies; (2) felonies of the first degree; (3) felonies of the second degree; (4) felonies of the third degree; and (5) state jail felonies. (b) An offense designated a felony in this code without specification as to category is a state jail felony.\", \"sentence\": \"Penalties follow the felony category the statute assigns.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\"}], \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"Each category sets a range of prison time and a fine cap.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.34\", \"cite\": \"Texas Penal Code \u00a7 12.34\", \"heading\": \"THIRD DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Third-degree felony:** A third-degree felony in Texas carries a possible prison term of 2 to 10 years and a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.33\", \"cite\": \"Texas Penal Code \u00a7 12.33\", \"heading\": \"SECOND DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**Second-degree felony:** Under \u00a7 12.33, prison for 2 to 20 years, plus a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (f) An offense under Subsection (b) is a felony of the third degree, except that the offense 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 at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; \u2026\", \"sentence\": \"The meeting offense is a second-degree felony.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"except that the offense 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 at the time of the commission of the offense.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 felony of the third degree, except that the offense 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 at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"The communication offense is second-degree if the minor is younger than 14, or someone the actor believes is younger than 14.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.32\", \"cite\": \"Texas Penal Code \u00a7 12.32\", \"heading\": \"FIRST DEGREE FELONY PUNISHMENT\", \"support\": \"shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\", \"verdict\": \"supported\", \"law_text\": \"Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.\", \"sentence\": \"**First-degree felony:** Under \u00a7 12.32, life or 5 to 99 years, plus a fine of up to $10,000.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; and (2) the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense. \u2026\", \"sentence\": \"The statute also raises punishment in one case.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; and (2) the actor knew or reasonably should have known that the minor was enrolled in a public or private primary or secondary school at the time of the offense. \u2026\", \"sentence\": \"If it is shown that the offense happened during regular school hours, and the actor knew or reasonably should have known the minor was enrolled in school, the punishment moves to the next higher category under \u00a7 33.021.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.42\", \"cite\": \"Texas Penal Code \u00a7 12.42\", \"heading\": \"PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY\", \"support\": \"if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY. (a) Except as provided by Subsection (c)(2), if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree. (b) Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony of the second degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on convict \u2026\", \"sentence\": \"A prior conviction can also raise punishment.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.12.htm#12.42\", \"cite\": \"Texas Penal Code \u00a7 12.42\", \"heading\": \"PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY\", \"support\": \"if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY. (a) Except as provided by Subsection (c)(2), if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree. (b) Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony of the second degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on convict \u2026\", \"sentence\": \"Under \u00a7 12.42, a prior final felony conviction can raise a third-degree felony to second-degree punishment.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (f) An offense under Subsection (b) is a felony of the third degree, except that the offense 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 at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; \u2026\", \"sentence\": \"**Is solicitation of a minor a felony in Texas?** Yes.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (b) is a felony of the third degree, except that the offense 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 at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (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 felony of the third degree, except that the offense 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 at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: \u2026\", \"sentence\": \"Both offenses under Penal Code \u00a7 33.021 are felonies, and the category depends on the offense and the facts.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"(B) an individual whom the actor believes to be younger than 17 years of age.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) \\\"Minor\\\" means: (A) an individual who is 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. \u2026\", \"sentence\": \"**Does the minor have to be real?** No. The statute includes a person the defendant believes is under 17.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (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. \u2026\", \"sentence\": \"**Is a meeting required for the charge?** No. The statute says it is not a defense that the meeting did not occur.\"}], \"languages\": [{\"code\": \"en\", \"post_id\": 280}]}","chg_sendback":"","chg_canonical":"","chg_lang":"","chg_hreflang":"","chg_jsonld":"[{\"about\": [{\"name\": \"Solicitation of a minor\", \"@type\": \"Thing\"}, {\"name\": \"Texas Penal Code Section 33.021\", \"@type\": \"Legislation\", \"legislationJurisdiction\": \"Texas\"}], \"author\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"@context\": \"https:\/\/schema.org\", \"audience\": {\"@type\": \"PeopleAudience\", \"description\": \"Adults researching a Texas solicitation of a minor charge on their own behalf or on behalf of a family member or friend\"}, \"headline\": \"Solicitation of a Minor in Texas: What the Charge Means and What Happens Next\", \"publisher\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"speakable\": {\"@type\": \"SpeakableSpecification\", \"cssSelector\": [\"article > p:first-of-type\", \".wp-block-details p\", \"article > h1\"]}, \"areaServed\": {\"name\": \"Texas\", \"@type\": \"AdministrativeArea\"}, \"inLanguage\": \"en-US\", \"description\": \"Plain-language explanation of Texas Penal Code 33.021 on solicitation of a minor, how these cases commonly arise, what the state generally must prove, the questions a defense lawyer reviews, and how penalties are set by statute.\", \"articleSection\": \"Criminal Defense\", \"contentLocation\": {\"name\": \"Frisco, Texas\", \"@type\": \"Place\"}, \"mainEntityOfPage\": \"https:\/\/barbierilawfirm.com\/guides\/solicitation-of-a-minor-texas\/\", \"reviewedBy\": {\"@type\": \"Person\", \"name\": \"Carrie Thomas\", \"jobTitle\": \"Managing Attorney\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\"]}, \"@type\": \"Article\", \"image\": \"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/solicitation-of-a-minor-defense-lawyer-frisco-texas-a-realis-photo.jpg\"}, {\"@context\": \"https:\/\/schema.org\", \"@type\": \"BreadcrumbList\", \"itemListElement\": [{\"@type\": \"ListItem\", \"position\": 1, \"name\": \"Home\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/\"}, {\"@type\": \"ListItem\", \"position\": 2, \"name\": \"Online Sex Crimes Defense Lawyer\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/\"}, {\"@type\": \"ListItem\", \"position\": 3, \"name\": \"Solicitation of a Minor Defense Lawyer, Frisco, Texas\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/solicitation-of-a-minor\/\"}]}]","chg_meta_description":"What Texas Penal Code 33.021 covers, how these cases start, penalty ranges, and what a Frisco criminal defense lawyer reviews.","footnotes":""},"class_list":["post-280","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/280","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/comments?post=280"}],"version-history":[{"count":1,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/280\/revisions"}],"predecessor-version":[{"id":281,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/280\/revisions\/281"}],"up":[{"embeddable":true,"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/pages\/19"}],"wp:attachment":[{"href":"https:\/\/barbierilawfirm.com\/guides\/wp-json\/wp\/v2\/media?parent=280"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}