Texas laws about sex with a minor cover a broad variety of crimes. Often, the involvement of a minor can significantly impact the penalties a person may face for a sex offense.
Noteworthy Texas laws regarding sex crimes with a minor include:
Texas Penal Code Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR
Chapter 15 of the Texas Penal Code includes a law forbidding criminal solicitation of a minor. Someone may commit this crime if they attempt to cause or force a minor to commit an offense under Article 42A.054(a) of the Texas Code of Criminal Procedure. Offenses under this section are:
- Criminal Solicitation
- Murder
- Capital Murder
- Aggravated Kidnapping
- Trafficking of Persons
- Continuous Trafficking of Persons
- Indecency with a Child (unless the marital exception rule applies)
- Sexual Assault
- Aggravated Sexual Assault
- Injury to a Child, Elderly Individual, or Disabled Individual (if the victim is a child and the crime qualifies as a felony of the first degree)
- Aggravated Robbery
- Burglary (although exceptions sometimes apply depending on whether someone intends to commit a felony)
- Aggravated Promotion of Prostitution
- Compelling Prostitution
- Sexual Performance by a Child
- Possession or Promotion of Child Pornography
- Use of Child in Commission of Offense (under the Texas Controlled Substances Act)
- Drug Free Zones offenses (depending on such factors as proximity to a school)
- Manufacture or Delivery of Substance in Penalty Group 1-B (depending on such factors as the weight of the substance)
Criminal solicitation of a minor in Texas can also occur if someone merely believes someone is a minor. They may commit this crime if they attempt to cause someone they think is a minor to engage in:
- Trafficking of Persons
- Continuous Sexual Abuse of a Young Child or Disabled Individual
- Indecency with a Minor
- Sexual Assault
- Aggravated Sexual Assault
- Prostitution
- Solicitation of Prostitution
- Compelling Prostitution
- Sexual Performance by a Child
Penalties can vary significantly for criminal solicitation of a minor in Texas. The type of misdemeanor or felony a person committing this offense can be charged with depends on the offense someone tries to get a minor to commit.
A criminal solicitation of a minor offense in Texas is one category below the offense someone attempts to solicit. For example, maybe someone attempts to cause a minor to commit a felony of the first degree. If so, criminal solicitation of a minor would be a felony of the second degree.
However, this offense can sometimes belong to the same category as the solicited offense. That may be the case when:
- Someone was 17 or older and belonged to a street gang (as Texas law defines it) at the time of the offense, and
- Committed the offense to support the street gang’s criminal activities or to avoid being identified as a member of a street gang
Texas Penal Code Sec. 21.11. INDECENCY WITH A CHILD
Some sex with a minor laws in Texas belong to the chapter of the Texas Penal Code specifically focusing on sexual offenses.
Indecency with a child is an offense that some may informally refer to as statutory rape. Texas laws don’t contain the word rape, but they outlaw activities that most would consider statutory rape.
Someone commits indecency with a child in Texas if, with someone under 17 years of age, they:
- Engage in sexual contact with a child or cause a child to engage in any form of sexual contact
- Expose their anus or any part of their genitals with a child present for the purpose of any person’s sexual gratification
- Cause a child to expose their anus or any part of their genitals for the purpose of any person’s sexual gratification
What if you mistake the age of a victim? It doesn’t matter. The offense is the same regardless of whether someone knows a victim’s age.
There are some exceptions to this law. For example, the Romeo and Juliet exemption applies in some cases. Someone may not be guilty if they weren’t more than three years older than the child with whom they committed the alleged offense at the time it was committed. Additionally, they must not have used force or other such means to commit the offense.
Violating this law by causing a child to engage in sexual contact is a felony of the second degree. Under Chapter 12 of the Texas Penal Code, penalties for a felony of the second degree may include:
- Two to 20 years in prison
- A fine of up to $10,000
Indecency with a child is a felony of the third degree when it involves exposure of anyone’s anus or genitals for sexual gratification purposes. Penalties for a felony of the third degree in Texas may include:
- Two to 10 years in prison
- A fine of up to $10,000
Texas Penal Code Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL
Continuous sexual abuse of a young child or a disabled individual in Texas occurs when someone commits at least two acts of sexual abuse in 30 days. They don’t have to target the same victims. In addition, the following conditions must apply:
- The person committing the offense was 17 or older at the time
- Their victim was younger than 14 or was disabled
This offense is a felony of the first degree. General penalties for felonies of the first degree in Texas may include:
- Life in prison, or a minimum term of five years and a maximum term of 99 years
- A fine of up to $10,000
However, the minimum prison term for a conviction of this offense is 25 years.
Texas Penal Code Sec. 20A.02. TRAFFICKING OF PERSONS
Some sex with a minor laws in Texas fall under the heading of trafficking of persons laws. A trafficking of persons offense becomes a crime involving a minor when someone traffics a minor to engage in or be the victim of various sex crimes. Examples include sexual assault and possession of child pornography.
A person may also commit a Human Trafficking; Sexual Trafficking of a Child offense if they benefit from the above activities. In addition, they may commit such an offense if they engage in sexual activity with a trafficked child.
Trafficking of persons is a felony of the first degree in Texas when it involves children.
Texas Penal Code Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD
The chapter of the Texas Penal Code on public indecency also includes some sex with a minor laws in Texas. Someone may commit a sexual performance by a child offense if they do any of the following:
- Employ or otherwise cause a child under 18 to engage in sexual activity or a sexual performance
- Consent to their child under the age of 18 participating in a sexual performance
- Produce, direct, or promote a sexual performance involving a child under the age of 18
Someone who causes a child to or consents to their child engaging in a sexual performance may be guilty of a felony of the second degree. It becomes a felony of the first degree if a victim was under the age of 14 at the time of the offense. This is true even if the actor didn’t know the victim’s age.
It is a felony of the third degree to direct, promote, or produce a sexual performance featuring a child. If the child was under the age of 14 at the time of the offense, it becomes a felony of the second degree.
Texas Penal Code Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN
Someone may commit a crime under “employment harmful to children” in Texas if they either:
- Employ or otherwise cause a child to work in a business that’s sexually oriented
- Employ or otherwise cause a child to work anywhere they may be required, requested, or permitted to work nude or topless
Be aware that the definition of a child in the context of this law is someone under the age of 21. This offense is a felony of the second degree. It becomes a felony of the first degree when it involves a child under the age of 14.
Texas Penal Code Sec. 43.05. COMPELLING PROSTITUTION
Compelling prostitution usually involves coercion or threats if the victim is an adult. However, someone may also commit this offense if they cause a child under 18 to engage in prostitution in any way. Such an offense is a felony of the first degree.
Texas Penal Code Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
This offense occurs when an employee of a primary or secondary school does any of the following:
- Engage in any form of sexual activity with someone enrolled at the school where they work
- Engage in any form of sexual activity with a student enrolled at any primary or secondary school while being employed in a role named in Section 21.003(a) or (b) of the Education Code
- Hold a role described in Section 21.003(a) or (b) of the Education Code and engage in any form of sexual activity with a student participating in a school-sponsored educational activity
- Engage in online solicitation of a minor (see Internet sex crimes for information about similar offenses)
- Engage in online solicitation of any student enrolled in primary or secondary school or participating in a school-sponsored event, regardless of age)
This type of offense is a felony of the third degree.
Contact a Texas Sex Crimes with a Minor Defense Lawyer
Charges of any sex crime involving a minor are serious. Protect your rights by enlisting the help of a qualified Texas sex crimes with a minor attorney. At the Law Offices of Mark T. Lassiter, you’ll find a lawyer with the experience necessary to defend you. Learn more by contacting us online or calling us at (214) 845-7007 today for a free case review.
