Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054(a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed by Article 42A.054(a) or make the minor a party to the commission of an offense listed by Article 42A.054(a).
(b) A person commits an offense if, with intent that an offense under Section 20A.02(a)(7) or (8), 21.02, 21.03, 21.11, 22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections.
(c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the minor act on the solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible for the offense solicited;
(2) the minor solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the offense solicited is legally incapable of committing the offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than the solicited offense, except that an offense under this section is the same category as the solicited offense if it is shown on the trial of the offense that the actor:
(1) was at the time of the offense 17 years of age or older and a member of a criminal street gang, as defined by Section 71.01; and
(2) committed the offense with the intent to:
(A) further the criminal activities of the criminal street gang; or
(B) avoid detection as a member of a criminal street gang.
(f) In this section, "minor" means an individual younger than 17 years of age.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 22(a), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.49, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.03, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.83, eff. January 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 51, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 16, eff. September 1, 2025.
Notes of Decisions
Cited in
55
cases (
7 in the last 5 years), 1998–2026 · leading case:
Raymond Lumsden v. State, 564 S.W.3d 858 (Tex. App. 2018).
Raymond Lumsden v. State, 564 S.W.3d 858 (Tex. App. 2018).
· cites it 2× “See Tex. Penal Code Ann. §§ 15.031 , 21.11, 22.”
Aurelio Duarte v. City of Lewisville, Texas, 858 F.3d 348 (5th Cir. 2017).
“In 2006, Duarte was found guilty after a jury trial of Online Solicitation of a Minor, in violation of Texas Penal Code § 15.031, and was sentenced to eight years in prison.”
Sanchez v. State, 400 S.W.3d 595 (Tex. Crim. App. 2013).
· cites it 3× “See Tex. Penal Code Ann. § 15.031 (b) (West 2013).”
Ex Parte Hulin, 31 S.W.3d 754 (Tex. App. 2000).
· cites it 2× “See Tex.Pen.Code Ann. § 15.031(a). Here, the trial judge was presented with prima facie evidence tending to establish the essential elements of both offenses.”
Hernandez v. State, 327 S.W.3d 200 (Tex. App. 2010).
· cites it 3× “See Tex. Penal Code Ann. § 15.031 (c) (Vernon 2003).”
Keller v. State, 125 S.W.3d 600 (Tex. App. 2003).
“al assault be committed, the Defendant requested, commanded, and attempted to induce Lee Vaughan, known to the defendant as Brandon, a person believed to be younger than seventeen years of age, to engage in specific conduct, that, under the circumstances surrounding the conduct…”
Lankford v. State, 255 S.W.3d 275 (Tex. App. 2008).
· cites it 4× “Tex. Pen.Code Ann. §§ 15.031(b), 22.011 (Vernon 2005).”
Shams v. State, 195 S.W.3d 346 (Tex. App. 2006).
“See Tex. Pen.Code Ann. § 15.031 (West 2003). Shams contends that the State failed to prove that he believed the person solicited was under seventeen years of age.”
Hall v. State, 124 S.W.3d 246 (Tex. App. 2004).
· cites it 2× “18 (Vernon 1977) (stating that where venue is not specifically stated, the proper county for prosecution is that in which offense occurred); Tex. Pen.Code Ann. § 15.031 (Vernon 2003); see also Tucker v.”
Henson v. State, 173 S.W.3d 92 (Tex. App. 2005).
“See Tex. Pen.Code Ann. § 15.031(a) (Vernon 2003).”
In Re Commitment of Eeds, 254 S.W.3d 555 (Tex. App. 2008).
“03 (Vernon 2003); Tex. Pen.Code Ann. § 15.031 (Vernon Supp.”
Husain v. State, 161 S.W.3d 642 (Tex. App. 2005).
“See Tex. Pen.Code Ann. § 15.031(a), (b) (Vernon 2003).”
— Tex. Penal Code § 15.031(a) — 6 cases
Ex Parte Hulin, 31 S.W.3d 754 (Tex. App. 2000).
“See Tex.Pen.Code Ann. § 15.031(a). Here, the trial judge was presented with prima facie evidence tending to establish the essential elements of both offenses.”
Henson v. State, 173 S.W.3d 92 (Tex. App. 2005).
“See Tex. Pen.Code Ann. § 15.031(a) (Vernon 2003).”
Husain v. State, 161 S.W.3d 642 (Tex. App. 2005).
“See Tex. Pen.Code Ann. § 15.031(a), (b) (Vernon 2003).”
Hall v. State, 124 S.W.3d 246 (Tex. App. 2004).
“18 (Vernon 1977) (stating that where venue is not specifically stated, the proper county for prosecution is that in which offense occurred); Tex. Pen.Code Ann. § 15.031 (Vernon 2003); see also Tucker v.”
— Tex. Penal Code § 15.031(b) — 7 cases
Hernandez v. State, 327 S.W.3d 200 (Tex. App. 2010).
“See Tex. Penal Code Ann. § 15.031 (c) (Vernon 2003).”
Lankford v. State, 255 S.W.3d 275 (Tex. App. 2008).
“Tex. Pen.Code Ann. §§ 15.031(b), 22.011 (Vernon 2005).”
— Tex. Penal Code § 15.031(c) — 11 cases
Lankford v. State, 255 S.W.3d 275 (Tex. App. 2008).
“Tex. Pen.Code Ann. §§ 15.031(b), 22.011 (Vernon 2005).”
Hernandez v. State, 327 S.W.3d 200 (Tex. App. 2010).
“See Tex. Penal Code Ann. § 15.031 (c) (Vernon 2003).”
— Tex. Penal Code § 15.031(e) — 1 case
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