Criminal solicitation of a minor is a serious offense in Texas, and it happens more often than many realize. Law enforcement agencies and prosecutors aggressively pursue these cases, particularly when they involve violent crimes, sexual offenses, or human trafficking. Even a mere request or suggestion—without any action taken by the minor—can be enough to result in felony charges.
Texas Penal Code §15.031 defines criminal solicitation of a minor as the act of requesting, commanding, or attempting to persuade a minor (under 17) to engage in conduct that would amount to a felony. Given the state’s tough stance on crimes against children, defendants facing these allegations can expect severe legal consequences, including possible prison time and, if it involves a sex crime, sex offender registration.
If you or a loved one is facing charges related to criminal solicitation of a minor, it is crucial to understand the law, the potential defenses, and the possible penalties. In this article, the criminal defense attorneys at Varghese Summersett explain what constitutes criminal solicitation of a minor, the elements the prosecution must prove, the potential penalties, and why having an experienced defense attorney is essential when facing these serious charges.
What Constitutes Criminal Solicitation of a Minor?
Under Texas Penal Code Section 15.031, criminal solicitation of a minor occurs when someone requests, commands, or attempts to induce a minor (under 17 years old) to engage in conduct that would constitute certain criminal offenses.
The prosecution must prove three key elements:
- The defendant acted with intent that the minor engage in felony conduct
- The solicitation was directed at someone under 17 years of age
- The conduct being solicited would constitute a qualifying felony offense
Importantly, the crime is complete upon the solicitation itself—it doesn’t matter whether the minor actually commits or attempts to commit the felony.
Applicable Offenses: When Criminal Solicitation Becomes Especially Serious
Criminal solicitation of a minor becomes particularly serious when it involves offenses listed in Code of Criminal Procedure 42A.054 (formerly known as “3g offenses”). These include:
| Category | Specific Offenses |
|---|---|
| Violent Crimes | • Murder and capital murder • Aggravated kidnapping |
| Sexual Offenses | • Sexual Assault of a Child (§22.011) • Aggravated Sexual Assault (§22.021) • Indecency with a Child (§21.11) • Sexual performance by a child • Continuous Sexual Abuse of Young Child or Children (§21.02) |
| Exploitation | • Compelling Prostitution (§43.05(a)(2)) • Trafficking of persons • Prostitution (§43.02) • Solicitation of Prostitution (§43.021) |
| Other Serious Offenses | • First-degree felony injury to a child, elderly individual, or disabled individual • Using or employing a child younger than 18 to commit a 3g offense • Causing a child younger than 18 to participate in a 3g offense |
The Corroboration Requirement: A Unique Legal Protection
A charge of criminal solicitation of a minor is serious, but there are legal defenses that may be available depending on the facts of the case. A strong defense strategy requires challenging the evidence, intent, and credibility of the prosecution’s claims. One defense that bears more discussion is the Texas law that says a person may not be convicted of this crime without corroborating evidence. Section 15.031(c) creates a distinctive procedural safeguard that sets this offense apart from many others:
“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.”
This means prosecutors typically need evidence beyond just the minor’s testimony. If only the minor’s testimony exists, it must be accompanied by circumstances that strongly corroborate:
- That the solicitation actually occurred
- That the defendant intended for the minor to act on that solicitation
Examples of corroborating evidence might include text messages, recorded conversations, witness testimony, or physical evidence connecting the defendant to the solicitation.
What Is Not a Defense to Criminal Solicitation of a Minor
Texas Penal Code, Section 15.031(d) explicitly outlines what cannot be used as legal defenses:
- The minor did not act on the solicitation
- The actor did not intend for the minor to act on the solicitation
- The actor was not criminally responsible for the felony offense as an accomplice
This means defendants cannot escape liability by claiming:
- The minor refused or failed to commit the solicited felony
- They were “just joking” or didn’t really expect the minor to follow through
- They wouldn’t have been criminally liable as an accomplice to the solicited offense
For example, if an individual solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Offense Levels and Punishment
Criminal solicitation of a minor is generally classified one category lower than the felony solicited. For example, if someone solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000
| Solicited Offense | Classification of Criminal Solicitation | Punishment Range |
|---|---|---|
| First-degree felony | Second-degree felony | 2-20 years, up to $10,000 fine |
| Second-degree felony | Third-degree felony | 2-10 years, up to $10,000 fine |
| Third-degree felony | State jail felony | 180 days-2 years, up to $10,000 fine |
| State jail felony | Class A misdemeanor | Up to 1 year, up to $4,000 fine |
Important Exception: If the solicited felony is capital murder, trafficking of persons, sexual assault, aggravated sexual assault, or compelling prostitution, then criminal solicitation of a minor is classified as a first-degree felony (5-99 years, up to $10,000 fine).
Criminal Solicitation vs. Online Solicitation
Criminal solicitation and online solicitation of a minor are two offenses in Texas that are frequently confused but have distinct elements. The major difference is that criminal solicitation involves encouraging or requesting someone to commit a felony, while online solicitation of a minor specifically involves using electronic communication to engage or attempt to engage a minor in sexual conduct. Here’s how they differ:
| Criminal Solicitation of a Minor (§15.031) | Online Solicitation of a Minor (§33.021) |
|---|---|
| Involves soliciting a minor to commit an enumerated criminal offense | Specifically targets solicitation for sexual purposes |
| Can occur through any medium (in-person, phone, online, etc.) | Specifically involves using the internet or electronic communications |
| Focuses on encouraging the minor to commit a felony | Focuses on sexual conduct or meeting the minor for sexual purposes |
| Intent requirement focuses on the minor committing the felony offense | Intent requirement focuses on sexual conduct |
Sex Offender Registration Requirements
Criminal solicitation of a minor requires sex offender registration if it involves soliciting certain offenses listed in Article 62.001(5)(G) of the Texas Code of Criminal Procedure. These include:
| Category | Registrable Offenses When Solicited |
|---|---|
| Sexual Offenses | • Continuous Sexual Abuse of Young Child (§21.02) • Indecency with a Child (§21.11) • Sexual Assault (§22.011) • Aggravated Sexual Assault (§22.021) • Trafficking of Persons involving child sex trafficking (§20A.02(a)(7)/(8)) • Compelling Prostitution of a child (§43.05(a)(2)) • Sexual Performance by a Child (§43.25) |
| Kidnapping/Burglary | • Aggravated Kidnapping with intent to violate or abuse sexually (§20.04(a)(4)) • Burglary, if committed with intent to commit certain sexual offenses (§30.02) |
| Other Sexual Offenses | • Indecent Exposure, second conviction (§21.08) • Online Solicitation of a Minor (§33.021) • Obscenity involving activity with child under 18 (§43.23) • Sale, Distribution, or Display of Harmful Material to Minor (§43.24) • Sexual Performance by a Child (§43.25) • Employment Harmful to Children (§43.251) |
| Prohibited Sexual Conduct | • Prohibited Sexual Conduct/Incest (§25.02) |
| Child Pornography | • Possession or Promotion of Child Pornography (§43.26) |
It’s important to note that solicitation of prostitution or prostitution itself doesn’t automatically trigger registration requirements unless it involves a child in specific ways that qualify under other provisions.
Accused of Criminal Solicitation of a Minor? Contact Us.
If you or a loved one is facing criminal solicitation of a minor charges in Texas, the experienced criminal defense attorneys at Varghese Summersett understand the complexities of these cases and the high stakes involved.
Our team has successfully defended numerous clients against these serious allegations. We approach each case with thorough investigation, strategic planning, and aggressive defense. Our attorneys have the knowledge, resources, and determination to protect your rights and fight for the best possible outcome.
Don’t face these serious charges alone. Contact Varghese Summersett today at (817) 203-2220 for a confidential consultation. The sooner you reach out, the sooner we can begin building your defense.