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, while seventeen years of age or older, with the intent to commit [insert pled offense from Tex. Code Crim. Proc. art. 62.001(5)(A), (B), or (K), e.g., sexual assault], over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service intentionally distributes sexually explicit material to a minor.

Definitions

Sexually Explicit Material

Sexually explicit material is any material, including a photographic or video image, relating to or describing sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-mas-ochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

Intentionally Distributes Sexually Explicit Material to a Minor

A person intentionally distributes sexually explicit material to a minor if the person has the conscious objective or desire to engage in conduct constituting distribution of sexually explicit material to a minor.

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.

Intent to Commit [insert offense]

A person has the intent to commit [insert offense, e.g., sexual assault] if the person has the conscious objective or desire to commit [insert offense, e.g., sexual assault].

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.

[Insert definition of offense defendant is alleged to have intended, such as sexual assault, and any related definitions.]

Sexual Assault

A person commits sexual assault if the person intentionally or knowingly causes the penetration of the sexual organ of a child by any means.

Child

A “child” means a person younger than seventeen years of age.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], intentionally distributed sexually explicit material to name;
2. [name] was [younger than seventeen years of age/believed by the defendant to be younger than seventeen years of age];
3. the distribution was [insert mode of distribution, e.g., by text message];
4. the defendant was seventeen years of age or older; and
5. the defendant had the intent to commit [insert pled offense e.g., sexual assault].

You must all agree on elements 1 through 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 5 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the five 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.]