{"id":7666,"date":"2026-11-03T03:29:39","date_gmt":"2026-11-03T03:29:39","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/online-solicitation-of-a-minor-texas-penal-code\/"},"modified":"2026-11-03T03:29:47","modified_gmt":"2026-11-03T03:29:47","slug":"online-solicitation-of-a-minor-texas-penal-code","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/online-solicitation-of-a-minor-texas-penal-code\/","title":{"rendered":"Texas Online Solicitation of a Minor: Penal Code 33.021"},"content":{"rendered":"\n
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Frisco, Texas | Online Sex Crimes Defense<\/p>

Get Clear Answers Before You Decide Anything<\/h1>

Barbieri Law Firm, an all-women criminal defense firm in Frisco, defends people accused of online sex crimes in Collin County, Dallas-Fort Worth and across Texas. Your first consultation is free, confidential and without obligation.<\/p>

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By Heather Barbieri \u00b7 Published November 2, 2026<\/p>\n\n

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Online Solicitation of a Minor Under Texas Penal Code \u00a7 33.021<\/h2>\n

Online solicitation of a minor is a felony in Texas, and \u00a7 33.021<\/a> defines the conduct. The statute reaches messages sent online, by email, by text or through a commercial online service. It also reaches a person the accused believes to be a minor.<\/p>\n\n

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Where You Are Right Now<\/h2>\n

If you want to understand exactly what the charge against you says, our lawyers can go over its wording with you during a free, confidential consultation. You may be reading this after an arrest that followed a message exchange. You may also have learned of the accusation during a divorce, a custody dispute or a CPS case. Either way, the fear is heavy. You may be picturing a first-degree felony, years in prison, sex offender registration and never seeing your children again.<\/p>\n

Start with one fact: an accusation is not proof. Every case turns on its own facts, so treat this page as a map of the questions that matter, not a forecast. Read the charge slowly. The exact words, the age question and the proof each change how a case is built.<\/p>\n

What Texas Penal Code \u00a7 33.021 Says<\/h2>\n

Section 33.021 of the Texas Penal Code<\/a> makes certain online conduct involving a minor a crime (Tex. Penal Code \u00a7 33.021<\/a>). One is sexually explicit communication with a minor. The other is knowingly soliciting a minor to meet another person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse.<\/p>\n

Subsection (c) covers the solicitation-to-meet offense. A person commits an offense if the person “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.”<\/p>\n

Subsection (b) applies to a person who is 17 or older. It covers communicating in a sexually explicit manner with a minor, or sending sexually explicit material to a minor. Under Texas Penal Code \u00a7 33.021<\/a>, the accused must act with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure.<\/p>\n

The statute defines a minor as a person under 17, or a person the accused believes is under 17. That second part is why a sting using an adult officer or a decoy profile can fall under the statute. Belief about age is part of the definition.<\/p>\n

Subsection (d) answers a common question. It is not a defense to subsection (c) that the meeting did not occur. For a broader overview, see our online sex crimes defense<\/a> page.<\/p>\n

How the Charge Is Classified and What the Penalty Range Is<\/h2>\n

Subsection (c) is a second-degree felony. Subsection (b) is usually a third-degree felony. It becomes a second-degree felony if the minor is younger than 14, or if the accused believes the minor is younger than 14.<\/p>\n

A first-degree felony comes into play through the school-hours rule. Under subsection (f-1), punishment is increased to the punishment for the next higher category of offense if it is shown at trial that the actor committed the offense during regular public or private primary or secondary school hours and that the actor knew or reasonably should have known the minor was enrolled in such a school at the time of the offense (Tex. Penal Code \u00a7 33.021<\/a>). The offense must have happened during regular school hours. The accused must have known, or reasonably should have known, that the minor was enrolled in school.<\/p>\n

Under Texas Penal Code \u00a7 12.32<\/a>, a first-degree felony is punishable by life or any term of 5 to 99 years in the Texas Department of Criminal Justice. A fine of up to $10,000 may be added.<\/p>\n

Registration is a separate question. Those definitions matter to registration questions, and they must be read against the facts of each case.<\/p>\n

What the Prosecution Must Prove<\/h2>\n

The main elements under the statute are these:<\/p>\n