Comment

Tex. Penal Code § 33.021was amended in 2015 after Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013), held that subsection (b) of the statute was unconstitutional on free speech grounds.

The offense can be committed in three different ways: (1) by communicating in a sexually explicit manner with a minor; (2) by distributing sexually explicit material to a minor; and (3) by soliciting a minor to meet for sexual purposes. See Tex. Penal Code § 33.021(b), (c). The three instructions that follow address these different ways of committing the offense.