Arrested for Child Sex Crime of Grooming in Texas

Posted on May 5, 2025 by Michael Lowe.

More and more prosecutors across the Lone Star State are prosecuting cases based upon Texas Penal Code §15.032, known as the “Texas Child Grooming Law.” A quick surf through recent news coverage includes grooming arrests, for example, in Arlington; Lubbock; Mesquite; Midland; and San Antonio.

The Crime of Grooming: 2023 Criminal Statute

It’s relatively new criminal legislation: the crime is less than two years old. Passed into law by the Texas Legislature in 2023 (effective September 1^st), TPC §15.032 defines certain behaviors as criminal that previously were not considered illegal in Texas. Essentially, lawmakers have made it a crime for an adult (and in some instances, minors) to befriend or create a relationship of trust with a minor child for illicit reasons.

The statute provides:

A person commits an offense if, with the intent that an offense under Chapter 43 (Public Indecency) or an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability under Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), or 22 (Assaultive Offices) be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would:

(1) constitute an offense under Chapter 43 (Public Indecency) or an offense involving sexual activity the occurrence of which would subject the actor to criminal liability under Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), or 22 (Assaultive Offices); or

(2) make the child a party to the commission of an offense described by Subdivision (1).

Red flags pop up for criminal defense lawyers at the first reading. On its face, there is a concern this law is an invitation for prosecutorial overreach given that it involves building a case on activity that usually isn’t considered to be illegal. It is preemptive in nature, working to stop things like sexual acts, trafficking, or other serious harm to the minor by making arrests based upon “grooming.”

And consider this: an ADA who reads the investigation file as having a factual basis for suggestions or failed communications to be an “attempt” can be enough for an arrest by the prosecution. Engaging in grooming, as well as attempting activity that comes within the definition of grooming, is a felony charge.

What is Grooming?

Grooming is complicated. First of all, the minor’s actions, communications, or contributions are not considered in these matters. The statute focuses entirely on the actions of the accused who has been charged with grooming. Also, there is no need to prove any physical contact between the accused and the minor. Grooming, by definition, is preparatory to any actual act.

Law enforcement will be looking at all sorts of things, from social media to texts, emails, and other digital evidence, as well as phone records, photos, etc. along with witness testimony to show that the accused worked over time to build trust with someone under the age of 18 years.

The reason for doing so must be shown to be more than supporting or helping the child in some way: it must be established that the accused was wanting to engage in illegal conduct involving sexual abuse or exploitation. The evidence may cover weeks, months, or even years.

Things that the prosecution may argue to support the grooming arrest and prosecution are things like:

gifts to the minor
frequent communication with the minor
friendly interactions with the minor
flattery or compliments of the minor to boost the child feeling valued by the accused
sharing secrets with the child
nicknames, shared interests with the minor
encouraging the child to keep secrets from parents and friends
slowing introducing communications that imply or indicate sexual topics
sending sexually related images or videos or music lyrics or text
mentioning or referencing physical contact between the accused and the minor
isolation of the minor from loved ones (family and friends)
building dependency of the child upon the accused over time.

Those accused of grooming may have no prior involvement with the criminal justice system. They may include respected members of the community, like teachers, coaches, pastors, priests, school counselors, therapists, or family members.

For more detail, read the Commentary published in the Texas Lawyer on August 14, 2024, entitled “Can a Prosecutor’s Closing Argument Undermine a Sexual Grooming Conviction?”

Punishment for Grooming Conviction

The crime of grooming itself is a felony. Felony convictions mean years behind bars even for those with no prior criminal history. For more on felony punishments, read Felony Charges under Texas and Federal Law: Criminal Defense Overview.

A first time conviction for grooming in Texas is punishable as a third-degree felony. That comes with a maximum $10,000 fine and up to ten (10) years imprisonment. Prior convictions related to children boosts it to a second-degree felony, where punishment involves a maximum $10,000 fine and a minimum of two (2) and maximum of twenty (20) years behind bars. These include convictions for the crimes of continuous abuse of a child; indecency with a child; or sexual assault or aggravated sexual assault of a child.

To learn more, read: The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c): Part One of Two Criminal Defense; The Crime of Continuous Sexual Abuse of a Child, Texas Penal Code 21.02(c) Part Two of Two: Is Texas’ Version of Jessica’s Law Unconstitutional?; Indecency with a Child Arrest in Texas; and Aggravated Sexual Assault of a Child: Texas Penal Code §22.021.

2025: Sex Offender Registration with Audrii’s Law

And now, in 2025, there is additional legislation involving grooming behavior. House Bill 2000 was passed last month (vote of 148-0) and if the Texas Senate approves it and it goes to the Governor’s desk, the law will be known as “Audrii’s Law” and appear as an amendment to Texas Code of Criminal Procedure §62.001(5).

This new statute will mandate sex offender registration for the crime of grooming even if a plea deal is made on behalf of the accused. Read, “‘Audrii’s Law’ passes unanimously in the Texas House, heads to Senate,’” written by Holly Galvan Posey and published by KPRC-Houston on April 16, 2025.

To learn more about sex offender registration in Texas, read Texas Sex Offender Deregistration Synopsis: Overview and Steps for Name Removal.

Defenses to Felony Grooming Charges Under TPC §15.032

First of all, affirmative defenses are listed within the statute, if the accused is under the age of 18 years. From TPC §15.032(c):

It is an affirmative defense to prosecution under this section that the actor is under the age of 18 and:

(1) the actor engaged in conduct described by Subsection (a) with respect to another child under the age of 18:

(A) who is not more than three years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or

(B) who was the spouse of the actor at the time of the offense; and

(2) the conduct occurred only between the actor and the other child described by Subdivision (1).

Another defense found within the law itself involves how the ADA chooses to pursue charges against the defendant. Choices must be made. In TPC §15.032(d), the prosecution must decide between the grooming offense and other offenses delineated in the Texas Penal Code. The law is clear, grooming stands alone:

If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section but not both sections.

Additionally, defenses may be based upon the individual matter, and how the evidence lines up with the elements of the crime. For instance, TPC §15.032 requires the state to establish illicit intent on the part of the accused. There is also the requirement to prove actual things done by the accused to directly groom the child; passive communications may not support allegations of actively seeking to engage the child in any wrongdoing.

Intent is a sometimes murky concept. Prosecutorial perspective of intent by an alleged groomer may see a goal of sexual conduct with the minor that is not supported by the evidence. Mentors, counselors, or coaches may all have communications that can be read in a suggestive manner after the fact when there was no intention to groom whatsoever. Careful review of the entirety of the communications must be considered as a whole for a defense showing a lack of any plan, aim, or objective for sexual abuse or exploitation of the child in question.

Other defenses will involve a review of the entirety of the efforts of law enforcement in both the investigation and prosecution of the matter for procedural and substantive errors. Were there due process violations? Were there improper searches or seizures? Were civil rights disrespected (like proper Miranda warnings)? Defense motions may be filed based upon broad constitutional rights violations that result in the matter being dismissed.

See, Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure and Witness Corroboration When Defending Sexual Assault Charges in Texas.

Another consideration will be the veracity of the facts making up the prosecution’s case, even if they pass muster as being properly authenticated and admissible. Defense attorneys are well aware that there can be misunderstandings or even falsehoods in emotional situations, especially those among family members or loved ones. Divorce proceedings and child custody disputes are particularly volatile and vulnerable for inconsistent and false accusations.

Also read, Was Johnny Depp Falsely Accused of Domestic Violence? The Overlap Between Divorce Law and Criminal Defense.

Criminal Defense Lawyer for Texas Grooming Arrests

Across the state, the various District Attorneys’ Offices not only aggressively pursue sex offenses but seem to be focused upon bringing more and more charges of felony grooming. From a defense perspective, these cases must be given particular consideration given the newness of the statute (and therefore, scant judicial review of its parameters and application) as well as the possibility of over-zealous sex crime prosecutions which are not uncommon here. See, Buying Sex in Texas: Texas is First State in USA to Make Solicitation of Prostitution a Felony Offense; and Solicitation of Prostitution or Sex Trafficking? Overzealous Prosecutions of Johns in Texas.

After a review of the state’s case and an independent investigation by the defense, there may be a need to enter into plea negotiations or plea deals. Is it possible to lower these charges? See: 5 Things to Know About Plea Bargains; and Will You Go to State Jail or Texas Prison? The Importance of Plea Negotiations.

Even the suggestion that someone is being investigated for a sex crime involving a minor can be life-altering and harmful, not only for the accused but for their family and friends. Careers can be ruined and relationships destroyed. Innuendo and gossip can be tremendously destructive.

Anyone who has any concern they (or their teenager) may be considered for a grooming accusation is wise to have the help of an experienced Texas sex crimes defense attorney as soon as possible.