This section criminalizes certain online sexually explicit communications or material sent to minors, and online solicitation of a minor for sexual contact, intercourse, or deviate sexual intercourse.
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.