|
CHAPTER 15. PREPARATORY OFFENSES
§ 15.031. CRIMINAL SOLICITATION OF A MINOR.
(a) A
person commits an offense if, with intent that an offense listed by
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
committed, the person 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 Section 3g(a)(1), Article
42.12, or make the minor a party to the commission of an offense
listed by Section 3g(a)(1), Article 42.12.
(b) A person commits an offense if, with intent that an
offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
the person by any means requests, commands, or attempts to induce a
minor or another whom the person believes to be 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 under one of those sections or would make the minor or
other believed by the person to be a minor a party to the commission
of an offense under one of those sections.
(c) A person may not be convicted under this section on the
uncorroborated testimony of the minor allegedly solicited unless
the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's
intent that the minor act on the solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible
for the offense solicited;
(2) the minor solicited has been acquitted, has not
been prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune
from prosecution;
(3) the actor belongs to a class of persons that by
definition of the offense solicited is legally incapable of
committing the offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than
the solicited offense.
(f) In this section, "minor" means an individual younger
than 17 years of age. |
