If someone asks, commands, or tries to get a child under 17 to commit a serious crime in Texas, they could be charged with criminal solicitation of a minor. This is a felony offense under Texas Penal Code 15.031. You don’t need to follow through with the act. Just making the request or attempt can lead to serious charges and punishment.
What Counts as Criminal Solicitation of a Minor?
Criminal solicitation of a minor happens when a person, with the intent that a felony be carried out, asks or encourages a child under 17 to do it. The child doesn’t need to agree or follow through. The charge focuses on what the adult said or did, not whether the crime actually happened.
To be charged under this law, three things usually need to be true:
- The adult had the intent for the felony to happen.
- The request was made to someone younger than 17.
- The crime they asked for would be a felony in Texas.
It doesn’t matter if the child was never going to go through with the crime. Once the adult makes the request or command, the offense is considered complete.
Offenses That Make the Charge More Serious
Some types of crimes make this charge much more serious. These are often called “3g offenses,” based on Texas Code of Criminal Procedure 42A.054. These include violent crimes, sexual offenses, and crimes involving children or exploitation.
Here are some examples of those:
- Murder or capital murder
- Aggravated kidnapping
- Sexual assault of a child
- Indecency with a child
- Continuous sexual abuse of a child
- Trafficking of persons
- Compelling prostitution
- Certain crimes causing injury to a child, elderly person, or disabled individual
- Employing a child in the commission of a serious felony
When someone tries to get a child to commit any of these crimes, they could face even harsher penalties.
What the Law Says About Evidence
Texas law gives people some protection against being wrongly accused. Under Penal Code 15.031(c), someone cannot be convicted based only on the minor’s statement. There has to be other evidence to back it up.
This other evidence might include:
- Text messages or emails
- Audio or video recordings
- Testimony from other witnesses
- Physical evidence (like documents or devices)
Without this kind of proof, the case might not hold up in court.
Things That Do Not Count as a Legal Defense
There are some things that people might think could help their case, but the law says they don’t matter. According to Penal Code 15.031(d), these are not legal defenses:
- The minor didn’t go through with the crime.
- The adult didn’t actually want the child to go through with it.
- The adult wouldn’t be legally responsible if the crime had been committed.
Even if someone says they were joking or didn’t mean for anything to happen, the law still allows for charges if the intent can be shown.
Penalties for Criminal Solicitation of a Minor
The level of punishment depends on the crime that the adult tried to get the child to commit. In most cases, the charge is one level lower than the felony that was being requested. Here’s how that typically works:
- If the felony was a first-degree, the charge becomes a second-degree felony: 2 to 20 years in prison and up to $10,000 in fines.
- If the felony was a second-degree, the charge becomes a third-degree felony: 2 to 10 years in prison and up to $10,000 in fines.
- If the felony was a third-degree, the charge becomes a state jail felony: 180 days to 2 years in jail and up to $10,000 in fines.
- If the felony was a state jail felony, the charge becomes a Class A misdemeanor: up to 1 year in county jail and up to $4,000 in fines.
However, if the adult tried to get the child to commit certain crimes—like capital murder, trafficking, or certain sexual offenses—then the charge is a first-degree felony. That means 5 to 99 years in prison and up to $10,000 in fines, no matter what the original crime was.
Comparing Criminal Solicitation and Online Solicitation
Criminal solicitation of a minor is different from online solicitation. Here’s how:
- Criminal solicitation can happen in person, over the phone, or through any kind of communication. It applies to any type of felony.
- Online solicitation is only about using the internet or electronic messages. It focuses on sexual communication or arranging a meeting for sexual activity.
The two charges are separate, and sometimes a person can be charged with both, depending on the situation.
Will a Conviction Require Sex Offender Registration?
If the solicitation involves certain crimes, a person may have to register as a sex offender. Texas law says this applies when someone tries to get a minor to commit crimes like:
- Sexual performance by a child
- Indecency with a child
- Sexual assault
- Continuous sexual abuse of a child
- Compelling prostitution
- Online solicitation of a minor
- Aggravated kidnapping with intent to harm sexually
- Certain pornography or obscenity offenses
If a conviction happens, registration may be required—even if the felony wasn’t completed.
Facing Charges for Solicitation of a Minor?
Being accused of criminal solicitation of a minor is a serious situation. A conviction could mean prison time, a felony record, and sex offender registration. If you or someone you care about is dealing with this kind of charge in Dallas, it’s important to speak with a criminal defense lawyer who understands how these cases work and what can be done to protect your rights.
Call (214) 432-8860 today to talk to someone about your options. Don’t wait to get the help you need.