Criminal Solicitation of a Minor

Chapter 15 of the Texas Penal Code places sets guidelines and restrictions on criminal conspiracy, solicitation, and the attempt of either of the former offenses.

“Criminal Solicitation of a Minor, as per §15.031 of the Texas Penal Code, occurs when an individual 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).

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:

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
committed the offense with the intent to:

further the criminal activities of the criminal street gang; or
avoid detection as a member of a criminal street gang.

Punishment Range

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
In addition to imprisonment, may receive a fine not to exceed $10,000

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