As a response to increased reports of child trafficking, the Texas Legislature passed a law against child grooming in 2023. Grooming is the process where an adult builds a relationship, trust and emotional connection with a child in order to manipulate, exploit or sexually abuse them.
Texas takes the crime seriously, and the penalties for a conviction are harsh.
Texas Child Grooming Law
For a conviction of child grooming under Texas law, the prosecution must be able to establish that the defendant intended to commit a sexual offense. Grooming covers the actions taken in preparation of the sexual offense. That includes persuasion, inducement, enticement or coercion.
The victim in a child grooming situation must be under 18 years of age. The offense involved must fall under Texas laws against trafficking, sexual offenses or assaultive offenses.
Can a Minor Groom Another Minor?
There is an affirmative defense for situations where the person accused and the victim are both under 18, provided the age gap is small enough and the two are in a dating relationship or married at the time of the conduct.
It’s important to recognize that the affirmative defense requires the two minors to be in a dating relationship. It does not cover actions taken by a minor seeking to establish a dating relationship.
The Weight of an Accusation
As in the case of sex offenses, the impact of an accusation of child grooming is hard to overstate, often carrying lifelong consequences. This is particularly troublesome when you consider the behaviors that could be considered grooming if viewed in the wrong light.
Child grooming laws are intended, in part, to prevent sex offenses like assault from occurring in the first place. In a way, they’re intended to punish the behavior that comes before what was once the crime of record. That’s why the issue of intent is so important. An action that’s perfectly acceptable where there is no intent becomes criminal if there is intent.
Depending on the criminal history of the person accused, child grooming is considered either a third-degree felony or a second-degree felony.
A Loaded Term
Grooming has taken on a new meaning in recent years. It’s fair to suggest that from one person to the next, there might be a very different understanding of what the word means. That kind of misunderstanding or disagreement can have a significant impact when it comes to criminal prosecution.
Contact a Skilled Texas Criminal Defense Attorney
At Lee & Wood, GP, our team understands the intricacies of Texas law. We have extensive experience defending both adults and young people against a range of criminal charges. To speak to one of our knowledgeable lawyers, call us at 817-678-6771 to schedule a consultation.