Texas is among a growing number of states that have passed laws defining “grooming” as the process of manipulating a child to gain their trust for the purpose of sexual abuse. Texas’s child grooming statute is codified at Texas Penal Code § 15.032. Under the statute, a person commits the offense when, with the intent to commit certain sexual or indecency offenses, they knowingly persuade, induce, entice, or coerce (or attempt to do so) a child under 18 to engage in conduct that would subject them to criminal liability under Texas’s trafficking, sexual offense, or indecency statutes.
Main Elements of the Offense
Child grooming in Texas is a standalone preparatory offense, meaning the State can prosecute the conduct even before any sexual contact occurs. To secure a conviction, the State must prove beyond a reasonable doubt that:
- The defendant acted with the intent to commit a qualifying offense;
- The defendant knowingly persuaded, induced, enticed, or coerced (or attempted to do so) a targeted child to engage in conduct that would constitute that qualifying offense;
- The targeted child was under 18 years of age; and
- The conduct the defendant sought to induce would itself violate Chapter 43 (offenses like sexual performance by a child) or would constitute a sexual offense under Chapter 20A (trafficking), Chapter 21 (sexual offenses, including indecency with a child), or Chapter 22 (assaultive offenses, including sexual assault) of the Texas Penal Code.
What Constitutes Grooming
Grooming generally describes a pattern in which an adult deliberately builds trust and access with a child, gradually normalizes boundary-crossing behavior, and works to isolate the child or keep the relationship secret, with the aim of enabling later sexual abuse. Texas prosecutors can point to a range of conduct as evidence of this pattern, including gift-giving, excessive attention or special privileges, efforts to spend unsupervised time with the child, and communications that a jury could find were designed to normalize secrecy or sexual content. Because the statute reaches “attempts to persuade, induce, entice, or coerce,” prosecutors do not need to show that the relationship ever became physical to bring a charge.
Penalties for Child Grooming
Child grooming is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The offense is enhanced to a second-degree felony, punishable by up to 20 years in prison, if the defendant has certain prior convictions for sex offenses involving children.
As of September 1, 2025, a conviction for child grooming requires registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. This change, known as “Audrii’s Law” (HB 2000 / SB 1193), only applies to offenses committed on or after that date; grooming convictions for conduct before September 1, 2025, are not retroactively subject to registration.
Common Defenses to Child Grooming Charges
Common defenses to child grooming charges in Texas include:
- Lack of intent: The prosecution cannot prove the defendant had the deliberate intent to commit a qualifying sex offense, and what occurred was innocent, misinterpreted conduct.
- Insufficient evidence: The prosecution cannot prove one or more essential elements beyond a reasonable doubt, whether that’s an overt act, coercion, or the required intent.
- No qualifying act: Passive or ambiguous interactions between the defendant and the child, without concrete steps toward facilitating sexual contact, may not meet the statute’s requirements.
- False accusation: Factual or testimonial inconsistencies, an underlying motive such as a custody dispute, or a different context for the conduct at issue can undermine the allegation.
- Vagueness/overbreadth challenge: Because the statute uses broad terms like “persuade,” “induce,” and “entice,” defense counsel has raised void-for-vagueness and overbreadth arguments under the Due Process Clause, arguing the law could be read to criminalize innocent relationships (a mentor giving gifts, a relative showing affection). This remains a live, unresolved area of the law rather than a settled defense.
CONCLUSION
If you or a loved one find yourself either under investigation for or charged with child grooming, contact the John T. Floyd Law Firm for experienced representation.
