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.
(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.
(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; 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:
(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.
(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.
Added by Acts 2005, 79th Leg., Ch. 1273 (H.B. 2228), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 61 (S.B. 344), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 61 (S.B. 344), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 59, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 7, eff. September 1, 2021.
Notes of Decisions
Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017).
· cites it 6× “Tex Penal Code § 33.021 (West 2014). We note that another provision makes it a defense to prosecution if the actor was.”
Maloney v. State, 294 S.W.3d 613 (Tex. App.—Houston [1st Dist.] 2009).
· cites it 10× “) Appellant argues that subsection (d) “impermissibly restricts a person’s freedom of expression and thought.”
Ex parte Fournier, 473 S.W.3d 789 (Tex. Crim. App. 2015).
· cites it 7× “021 described three ways that the offense could be committed — by communicating in a sexually explicit manner, by distributing sexually explicit material, or by soliciting a minor to meet — but only the third way remained viable after this Court held that Subsection (b) was…”
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017).
· cites it 3× “See former TEX. PENAL CODE §§ 33.021(b) (setting forth offense of online solicitation of a minor due to sexually explicit electronic communications), 21.”
Ex parte Moy, 523 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2017).
· cites it 8× “at Tex. Penal Code § 33.021(a)(1)). Also at the time of appellant’s indictment, it “was not a defense to prosecution under Subsection (c) that .”
Donald Ganung v. State, 502 S.W.3d 825 (Tex. App.—Beaumont 2016).
· cites it 5× “” Tex. Penal Code Ann. § 33.021 (c) (West Supp.”
State v. Abigail Marie Stubbs, 502 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2016).
· cites it 3× “23 (citing Tex. Penal Code § 33.021(b)). 8 . Post Ex Parte Lo, several Texas appellate courts have upheld the constitutionality of section 33.”
Smith, Fredrichee Douglas, 463 S.W.3d 890 (Tex. Crim. App. 2015).
· cites it 3× “Smith’s conviction under Texas Penal Code Section 33.021(b) is void because the court of criminal appeals held this statutory subsection facially unconstitutional.”
Ex Parte Stuart Oland Wheeler, 478 S.W.3d 89 (Tex. App.—Houston [1st Dist.] 2015).
· cites it 4× “See Tex. Pen. Code Ann. § 33.021 (c) (West 2014).”
Tex. Penal Code § 33.021(3): 2 cases
Tex. Penal Code § 33.021(a): 6 cases
Maloney v. State, 294 S.W.3d 613 (Tex. App.—Houston [1st Dist.] 2009).
“) Appellant argues that subsection (d) “impermissibly restricts a person’s freedom of expression and thought.”
Tex. Penal Code § 33.021(a)(1): 14 cases
Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017).
“Tex Penal Code § 33.021 (West 2014). We note that another provision makes it a defense to prosecution if the actor was.”
Ex parte Moy, 523 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2017).
“at Tex. Penal Code § 33.021(a)(1)). Also at the time of appellant’s indictment, it “was not a defense to prosecution under Subsection (c) that .”
Tex. Penal Code § 33.021(a)(1)(A): 2 cases
Tex. Penal Code § 33.021(a)(1)(B): 4 cases
Tex. Penal Code § 33.021(a)(2): 2 cases
Tex. Penal Code § 33.021(a)(3): 2 cases
Tex. Penal Code § 33.021(b): 57 cases
Ex parte Fournier, 473 S.W.3d 789 (Tex. Crim. App. 2015).
“021 described three ways that the offense could be committed — by communicating in a sexually explicit manner, by distributing sexually explicit material, or by soliciting a minor to meet — but only the third way remained viable after this Court held that Subsection (b) was…”
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017).
“See former TEX. PENAL CODE §§ 33.021(b) (setting forth offense of online solicitation of a minor due to sexually explicit electronic communications), 21.”
Smith, Fredrichee Douglas, 463 S.W.3d 890 (Tex. Crim. App. 2015).
“Smith’s conviction under Texas Penal Code Section 33.021(b) is void because the court of criminal appeals held this statutory subsection facially unconstitutional.”
State v. Abigail Marie Stubbs, 502 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2016).
“23 (citing Tex. Penal Code § 33.021(b)). 8 . Post Ex Parte Lo, several Texas appellate courts have upheld the constitutionality of section 33.”
Tex. Penal Code § 33.021(b)(1): 9 cases
Tex. Penal Code § 33.021(b)(2): 1 case
Ex parte Beck, 541 S.W.3d 846 (Tex. Crim. App. 2017).
“See former TEX. PENAL CODE §§ 33.021(b) (setting forth offense of online solicitation of a minor due to sexually explicit electronic communications), 21.”
Tex. Penal Code § 33.021(c): 71 cases
Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017).
“Tex Penal Code § 33.021 (West 2014). We note that another provision makes it a defense to prosecution if the actor was.”
Maloney v. State, 294 S.W.3d 613 (Tex. App.—Houston [1st Dist.] 2009).
“) Appellant argues that subsection (d) “impermissibly restricts a person’s freedom of expression and thought.”
State v. Abigail Marie Stubbs, 502 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2016).
“23 (citing Tex. Penal Code § 33.021(b)). 8 . Post Ex Parte Lo, several Texas appellate courts have upheld the constitutionality of section 33.”
Tex. Penal Code § 33.021(d): 10 cases
Ex parte Moy, 523 S.W.3d 830 (Tex. App.—Houston [14th Dist.] 2017).
“at Tex. Penal Code § 33.021(a)(1)). Also at the time of appellant’s indictment, it “was not a defense to prosecution under Subsection (c) that .”
Maloney v. State, 294 S.W.3d 613 (Tex. App.—Houston [1st Dist.] 2009).
“) Appellant argues that subsection (d) “impermissibly restricts a person’s freedom of expression and thought.”
Tex. Penal Code § 33.021(d)(1): 1 case
Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017).
“Tex Penal Code § 33.021 (West 2014). We note that another provision makes it a defense to prosecution if the actor was.”
Tex. Penal Code § 33.021(d)(2): 1 case
Tex. Penal Code § 33.021(e): 1 case
Tex. Penal Code § 33.021(e)(2): 1 case
Tex. Penal Code § 33.021(f): 4 cases
Tex. Penal Code § 33.021(g): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.