The state accuses the defendant of having committed the offense of online solicitation of a minor.

Relevant Statutes

A person commits the offense of online solicitation of a minor if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the person soliciting, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the person soliciting or another person.

It is not a defense to prosecution that the meeting did not occur.

Definitions

Minor

A person is a minor if either—

1. the person is younger than seventeen years of age; or
2. the defendant believes the person is younger than seventeen years of age.

Sexual Intercourse

“Sexual intercourse” means any penetration of the female sex organ by the male sex organ.

Deviate Sexual Intercourse

“Deviate sexual intercourse” means any contact between any part of the genitals of one person and the mouth or anus of another person or the penetration of the genitals or the anus of another person with an object.

Sexual Contact

“Sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

Knowingly Soliciting a Minor to Meet Another Person

“Knowingly soliciting a minor to meet another person” means awareness that one’s conduct constitutes soliciting a minor to meet another person.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], knowingly solicited [name] to meet [insert specific allegations, e.g., the defendant], another person;
2. [name] was [younger than seventeen years of age/believed by the defendant to be younger than seventeen years of age];
3. the solicitation was [insert mode of solicitation, e.g., by text message]; and
4. the defendant had the intent that [name] would engage in [sexual contact/sexual intercourse/deviate sexual intercourse] with [insert specific allegations, e.g., the defendant].

You must all agree on elements 1 through 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 4 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the four elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]