Criminal Solicitation of a Minor: Texas Penal Code §15.031

The Texas Criminal Solicitation of a Minor law makes it illegal to solicit a minor to engage in certain serious felony offenses, including “3g” offenses and offenses such as Trafficking of Persons.

“Solicit” here simply means to ask or encourage a minor. The criminal offenses that the Texas Criminal Solicitation of a Minor law prohibits people from soliciting minors to engage in are, primarily, what are typically referred to as “3g” offenses. These were originally classified under Texas Code of Criminal Procedure Art. 42.12 Sec. 3(g) (but they are now classified under 42.054(a) of the Code of Criminal Procedure).

Criminal Solicitation of a Minor prohibits asking minors to participate in a variety of criminal offenses, ranging from Murder to Sexual Assault.

The Texas legislature codified this criminal offense in Texas Penal Code Section 15.031. The law was not amended in 2023. However, the law was most recently amended in 2021 by adding Solicitation of Prostitution to the list of offenses that can trigger a Criminal Solicitation of a Minor offense.

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

What is the current Texas law about Criminal Solicitation of a Minor?

Texas law currently defines the offense of Criminal Solicitation of a Minor in Penal Code Section §15.031 as follows:^[1]

(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, 21.11, 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.

(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.

For the purposes of this statute, “minor” means an individual younger than 17 years of age.^[2]

The Criminal Solicitation of a Minor law lists two different ways to commit the offense. The first way, described in subsection (a), involves the solicitation of a minor to engage in certain serious felony offenses called “3g offenses.”

The second way to commit the Criminal Solicitation of a Minor offense, as described in subsection (b), involves the solicitation of a minor to engage in certain other sexual offenses, namely: Section 20A.02(a)(7) and (8) (Child Sex Trafficking), 21.02 (Continuous Sexual Abuse), 21.11 (Indecency with a Child), 21.011 (Sexual Assault), 21.021 (Aggravated Sexual Assault), 43.02 (Prostitution), 43.021 (Solicitation of Prostitution), 43.05(a)(2) (Compelling Prostitution – Underage) and 43.25 (Sexual Performance by a Child).

What changed in 2021?

In 2021, the legislature added Section 43.021 (Solicitation of Prostitution) to the list of offenses in subsection (b).^[3]

How much evidence does the state need to convict you of Criminal Solicitation of a Minor?

In order to obtain a conviction for Criminal Solicitation of a Minor, the state is required to produce some extrinisic evidence supporting any uncorroborated testimony of the minor allegedly solicited unless they can successfully argue that “solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation.”^[4]

This means that the state cannot ordinarily cannot convict you based solely on the testimony of the alleged victim.

Is Criminal Solicitation of a Minor the same as Online Solicitation of a Minor?

No. Criminal Solicitation of a Minor is not the same as Online Solicitation of a Minor. Criminal Solicitation of a Minor is a child abuse crime, but not necessarily a sexual abuse crime. The Criminal Solicitation of a Minor offenses prohibits a wider range of solicitations than Online Solicitation of a Minor does. Criminal Solicitation of a Minor includes prohibitions against soliciting a minor to engage in criminal, non-sexual behavior.

What is the statute of limitation for Solicitation of a Minor in Texas?

Misdemeanor level Solicitation of a Minor charges have a two-year limitations period.^[5] Felony level offenses have a three-year limitations period.^[6]

What is the penalty for a Texas Solicitation of a Minor offense?

Texas Penal Code Section 15.031(e) describes the penalties for a conviction of Criminal Solicitation of a Minor as follows:

(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.

Can you get probation for Solicitation of a Minor in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Solicitation of a Minor, and judges are also allowed to accept deferred adjudication plea deals.^[7]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[8] Also, judges 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.^[9]

Do I have to register as a sex offender in Texas if guilty of Solicitation of a Minor?

The Solicitation of a Minor offense does not categorically appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure. However, the code does list any “solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L)” (which covers solicitation to commit pretty much any registrable offense).^[10]

What level of crime is Solicitation of a Minor in Texas?

The Penal Code classifies the punishment for Solicitation of a Minor as one category lower than the solicited offense, unless the offense involved a criminal street gang member.

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

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Legal References:

^1. Texas Penal Code §15.031. This law is current as of 2024.^2. Texas Penal Code §15.031(f)^3. HB 1540, 87th Texas Legislature (RS), Section 51^4. Texas Penal Code §15.031(c):

(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.

^5. Code of Criminal Procedure 12.02(a)^6. See Code of Criminal Procedure 12.01(9)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^8. Art. 42A.053(c), Texas Code of Criminal Procedure^9. Art. 42A.054(b), Texas Code of Criminal Procedure^10. Code of Criminal Procedure, Article 62.001(5)(G)