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  1. #1
    Join Date
    Feb 2019
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    1

    Default To What Extent is Flirting with a Minor Illegal

    My question involves criminal law for the state of: Texas

    I was not long ago flirting considerably sexually with a girl only a bit younger than me but below the recognized age of consent in Texas. I made it explicitly clear I didn't want to do anything with her because of the age issue but we flirted nonetheless. The content of our conversations mostly included our mutual enjoyment of BDSM type experiences though I did do things like call her sexual slurs and one time instructed her to masturbate. None of this happened on screen and was entirely done by telephone calls and instagram messages. Looking back, I'm nearly positive I crossed a line without even touching her. After reading up on Texas not having a Romeo and Juliet clause I'm absolutely paranoid this could ruin my life. Am I screwed?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,088

    Default Re: In the State of Texas to What Extent is Flirting with a Minor Illegal

    Quote Quoting asdfgfdsdf
    View Post
    My question involves criminal law for the state of: Texas

    I was not long ago flirting considerably sexually with a girl only a bit younger than me but below the recognized age of consent in Texas. I made it explicitly clear I didn't want to do anything with her because of the age issue but we flirted nonetheless. The content of our conversations mostly included our mutual enjoyment of BDSM type experiences though I did do things like call her sexual slurs and one time instructed her to masturbate. None of this happened on screen and was entirely done by telephone calls and instagram messages. Looking back, I'm nearly positive I crossed a line without even touching her. After reading up on Texas not having a Romeo and Juliet clause I'm absolutely paranoid this could ruin my life. Am I screwed?
    Talking about sex is not itself a crime. Sexual intercourse, intimate touching, taking or receiving nude/sexual photos or videos, etc, are the things that can get you in trouble when the other person is a minor or under the age of consent depending on what the act is.

    So I doubt, given your description of what you did, that you have much to worry about here. But in the future, it would be a good idea to keep your sexual discussions with persons who are adults. Even if you don't violate the law, you may seriously anger the minor's parents and could end up subject to a restraining order or run into other problems as a result.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,156

    Default Re: In the State of Texas to What Extent is Flirting with a Minor Illegal

    i disagree with taxing matters here. Texas does have a statute that appears to address your situation quite well. It would appear section (b)(1) would apply. Note that there IS a Romeo and Juliet clause in this law. I don’t know if it applies as you have not provided your and the girls ages.



    33.021. Online Solicitation of a Minor
    (a) In this section:
    (1) "Minor" means:
    (A) an individual who represents himself or herself to be younger than 17 years of age; or
    (B) an individual whom the actor believes to be younger than 17 years of age.
    (2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
    (3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
    (b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
    (1) communicates in a sexually explicit manner with a minor; or
    (2) distributes sexually explicit material to a minor.
    (c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
    (d) It is not a defense to prosecution under Subsection (c) that:
    (1) the meeting did not occur;
    (2) the actor did not intend for the meeting to occur; or
    (3) the actor was engaged in a fantasy at the time of commission of the offense.
    (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
    (1) the actor was married to the minor; or
    (2) the actor was not more than three years older than the minor and the minor consented to the conduct.
    (f) An offense under Subsection (b) is a state jail felony, and an offense under Subsection (c) is a felony of the third degree, except that an offense under Subsection (b) or (c) is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age.
    (g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
    ive looked no further but I suspect the act of the girl masturbating at your request (presumably for your sexual gratification) violates some other statute as well.




    I have to amend my post. It appears the section I referred to has been removed from the law after being ruled unconstitutional. I can’t find an official law publication at the moment so I can’t verify it

    taxing matters, do,you have quick access to Texas code and can check to verify?



    one thing my research does prove though: what you put on the Internet lives forever. Had I not continued researching this issue, I would not have seen that the multiple postings of the Texas law were outdated.

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