Child Grooming: Texas Penal Code §15.032

The Texas Child Grooming law, enacted in 2023, attempts to criminalize conduct intended to cultivate a relationship with a child to facilitate certain later sexual offenses. Texas criminal defense attorney Paul Saputo believes the statute raises serious constitutional concerns because of the breadth of its language and the discretion it gives prosecutors. Saputo expects courts will eventually be asked to decide whether the law is unconstitutionally vague or overbroad.

Paul Saputo believes the Texas Child Grooming law, as written, raises serious constitutional concerns because its broad language could subject child caregivers to felony criminal prosecution for engaging in normal, everyday child-rearing activities. In Saputo’s view, this law gives Texas prosecutors far too much power to decide who gets charged with this offense. Saputo also believes the statute provides police and prosecutors with no sufficiently objective standard for distinguishing alleged grooming behavior from a benevolent relationship based on the conduct alone. Learn more about the ways this statute might be challenged

The legislature also made the law complicated. Try reading the law below. It’s difficult to comprehend on a first read, and perhaps even a second read. Moreover, the statute contains numerous cross-references to other sections of the Texas Penal Code, making it even more difficult for regular people to understand.

The Texas Legislature codified the Child Grooming law in Texas Penal Code Section 15.032, and it went into effect on September 1, 2023.

In 2025, the Texas Legislature made this offense a registrable offense for offenses committed on or after September 1, 2025, meaning that a conviction, adjudication, or deferred adjudication will require registration as a sex offender.

The Penal Code classifies the Texas Child Grooming law under Title 4 “Inchoate Offenses,” Chapter 15 “Preparatory Offenses.” Learn more about the Texas offense of Child Grooming below.

What is the current Texas law about Child Grooming?

Texas Penal Code §15.032 currently defines Child Grooming as follows:^[1]

(a) A person commits an offense if, with the intent that an offense under Chapter 43 or an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22, be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would:

(1) constitute an offense under Chapter 43 or an offense involving sexual activity the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22; or

(2) make the child a party to the commission of an offense described by Subdivision (1).

This offense was created by the 88th Legislature in 2023,^[2] effective September 1, 2023.^[3]

Paul Saputo believes there are several serious problems with the way the Texas Child Grooming law was written. For starters, the statute provides no clear limitation on what state prosecutors can characterize as an "attempt to persuade." Moreover, because the law relies heavily on the accused person’s intent, prosecutors can attempt to infer criminal intent from conduct that may otherwise be completely innocent. In Saputo’s view, this gives state prosecutors far too much power to decide who gets charged and allows them to pursue a felony prosecution based largely on their own interpretation of a person’s intent.

What is the penalty for a Texas Child Grooming offense?

Child Grooming in Texas is ordinarily punished as a third degree felony.^[4] However, a prior conviction for certain offenses specifically listed in the statute will enhance Child Grooming to a second degree felony.^[5] The prior offenses that can trigger this enhancement are:

(1) Chapter 20A, if the offense involved conduct described by Section 20A.02(a)(7) or (8);

(2) Section 21.02;

(3) Section 21.03;

(4) Section 21.11;

(5) Section 22.011, if the victim of the offense was a child under 18 years of age; or

(6) Section 22.021, if the victim of the offense was a child under 18 years of age.

Therefore, whether a Child Grooming charge is a third degree felony or a second degree felony can depend on the accused person’s criminal history. Section 21.03 was added to the enhancement provision in 2025 for offenses committed on or after September 1, 2025.

How might this law be challenged? What are the problems with this law?

Paul Saputo believes the Texas Child Grooming law is unconstitutionally overbroad and raises serious vagueness concerns. The statute criminalizes an "attempt to persuade" a child, but it provides no clear standard for determining what conduct constitutes an "attempt to persuade." For example, conduct that one person views as an innocent birthday gift could become evidence that a Texas prosecutor characterizes as an "attempt to persuade." Moreover, the law does not require a quid pro quo, a direct proposition, or another objective act that clearly distinguishes innocent conduct from criminal conduct.

Furthermore, the statute relies heavily on the accused person’s intent to distinguish criminal conduct from otherwise lawful behavior. In Saputo’s view, when the same act, such as purchasing a gift for a child, can be either completely innocent or evidence of a felony depending on the intent prosecutors attribute to the accused, the statute creates a serious risk of arbitrary enforcement. As a result, Saputo believes the law gives Texas prosecutors far too much power to pursue felony charges based on their interpretation of a person’s intent even when the underlying conduct itself provides no clear evidence of criminal wrongdoing.

What are some of the defenses to the Child Grooming law?

Lack of Intent

Intent can be one of the most important issues in a Child Grooming defense. The prosecution must prove the specific criminal intent required by the statute, not merely that the accused communicated with a child, gave a child a gift, developed a relationship with a child, or engaged in other conduct that prosecutors later characterize as grooming. Therefore, if the accused acted with an innocent purpose, the defense can challenge the prosecution’s interpretation of that conduct and the intent prosecutors claim it demonstrates.

Paul Saputo believes this distinction is particularly important under the Texas Child Grooming law because prosecutors may attempt to infer criminal intent from conduct that is not inherently criminal. Consequently, the surrounding circumstances, communications, relationship between the parties, and other evidence bearing on the accused person’s actual intent can become critical to the defense.

Insufficient Evidence

Prosecutors must prove every element of Child Grooming beyond a reasonable doubt. Therefore, the defense can challenge not only the prosecution’s evidence of intent, but also its evidence that the accused knowingly persuaded, induced, enticed, or coerced a child, or attempted to do so, to engage in the specific conduct required by the statute. Weak, ambiguous, incomplete, or contradictory evidence can provide grounds for challenging the charge and, if the case proceeds to trial, arguing that the prosecution has failed to meet its burden of proof.

The strongest defense strategy will depend on the particular facts and evidence in the case. When Paul Saputo evaluates a Child Grooming allegation, he examines what the accused actually said and did, the context in which the alleged conduct occurred, what evidence prosecutors rely on to establish criminal intent, and whether that evidence actually proves the conduct prohibited by the statute. That analysis can reveal innocent explanations, unsupported inferences, factual inconsistencies, and other weaknesses in the state’s case that may form the basis of the defense.

What changed in 2025?

The Texas Legislature amended the Child Grooming offense in 2025 to expand the circumstances that elevate the offense from a third degree felony to a second degree felony. Specifically, the Legislature added §21.03 Continuous Sexual Abuse to the list of prior convictions that trigger the enhancement and renumbered the existing list accordingly.^[6] As a result, a prior conviction for Continuous Sexual Abuse can now increase the punishment for a subsequent Child Grooming offense to a second degree felony. This change applies to offenses committed on or after September 1, 2025.^[7]

Additionally, the Texas Legislature made a separate and significant change in 2025 by adding Child Grooming to the list of offenses that require sex offender registration for offenses committed on or after September 1, 2025.

What does Paul Saputo look for when evaluating a Child Grooming allegation?

When I evaluate a Child Grooming allegation, I pay particularly close attention to the communications prosecutors rely on in support of the allegation. Because intent is a central element of this offense, I want to understand not only what was communicated, but also the context in which the communication occurred and what other evidence prosecutors rely on to establish the accused person’s intent.

Are prosecutors taking otherwise innocent communications or conduct out of context?

Context is absolutely critical here. The same outward conduct can occur in both an innocent relationship and a relationship involving criminal intent. Therefore, context becomes critical when determining whether particular communications actually support the intent prosecutors attribute to the accused.

Part and parcel of this evaluation is making sure that the communication purported to occur actually occurred. There are several reasons why a purported communication may not be authentic or attributable to the accused. Was the evidence produced via screenshots? If so, then it is possible the screenshots were faked. Was the evidence produced via forensic analysis of messaging apps? If so, how was the forensic analysis performed? Is there any evidence that the person had possession of the phone while the messages were being sent, or would someone else have been sending the messages?

What underlying Chapter 20A, 21, 22, or 43 offense does the prosecution claim the accused intended to facilitate?

The mechanics of this unusual statute require a careful analysis of exactly how the state is charging the offense. Section 15.032 does not simply require prosecutors to prove that the accused intended some undefined future misconduct. The state must tie the alleged intent to an offense under Chapter 43 or to sexual activity that would create criminal liability under Chapter 20A, 21, or 22. Therefore, when I evaluate a case, I want to identify the specific underlying offense prosecutors claim the accused intended to facilitate and determine whether the alleged communications and surrounding evidence actually support that theory.

How can I be charged with a Child Grooming offense in Texas?

You can be charged with Child Grooming in Texas if prosecutors believe they have evidence establishing each of the elements of §15.032 described in the section above. However, Paul Saputo believes the broad language of the statute gives prosecutors far too much power to decide what conduct constitutes an attempt to persuade, induce, entice, or coerce a child. For example, because the Child Grooming statute expressly incorporates offenses under Chapter 43 of the Texas Penal Code, prosecutors could potentially pursue a Child Grooming charge based on an alleged attempt to persuade or induce a child to engage in conduct prohibited by the controversial 2023 Certain Sexually Oriented Performances Prohibited law, commonly known as the Texas drag show law and codified at Penal Code §43.28.

The Child Grooming statute can also apply when the person the accused allegedly attempted to persuade, induce, entice, or coerce was actually an adult pretending to be a child.

What is the statute of limitations for Child Grooming in Texas?

The statute of limitations for Child Grooming offenses in Texas is three years.^[8]

Can you get probation for Child Grooming in Texas?

Yes. Probation is generally available for Child Grooming in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Child Grooming, and judges may also grant deferred adjudication community supervision.^[9]

However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.^[10] Additionally, a judge may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[11]

Do I have to register as a sex offender in Texas if guilty of Child Grooming?

Whether a Child Grooming offense requires sex offender registration in Texas depends on when the offense was committed. When the Texas Legislature created the Child Grooming offense in 2023, it was not included in the list of reportable convictions or adjudications under Chapter 62 of the Texas Code of Criminal Procedure.^[12]

However, in 2025, the Texas Legislature amended Article 62.001(5) to add Child Grooming as a "reportable conviction or adjudication," meaning that a conviction, adjudication, or deferred adjudication for the offense will require sex offender registration.^[13]

Importantly, this change applies only to Child Grooming offenses committed on or after September 1, 2025.^[14] Therefore, a conviction or adjudication for a Child Grooming offense committed before September 1, 2025, is not reportable under this amendment.

What level of crime is Child Grooming in Texas?

Child Grooming is classified as a third degree felony unless the state proves that the defendant has one of the prior convictions specifically listed in Texas Penal Code §15.032(b), in which case the offense is a second degree felony.

Learn more about the penalty range for this offense in the section above.

Legal References compiled by attorney Paul Saputo: