In 2023 at least thirteen states enacted legislation that made what has become known as “child grooming” a criminal offense. Texas was one of them with the enactment of Section 15:032 in its Penal Code. The purpose of these laws is to criminalize preparatory behaviors utilized by adults to entice, coerce, induce, or persuade a child to engage in sexual activity.
Most “grooming” prohibition states were motivated by the proliferation of electronic communication, social media platforms, and chat apps that allow potential child sexual abusers to use different methods of persuasion to set up direct encounters for the specific purpose of engaging in sexual activity with a minor; and/or exchanging videos or images between adult/minor depicting sexual activity.
Texas lawmakers in 2023, however, were motivated by the Human Trafficking Prevention Task Force’s assertion that anti-grooming legislation was needed “to prevent human trafficking, protect and assist human trafficking victims, curb economic markets that facilitate human trafficking, and investigate and prosecute human trafficking offenders.
Collateral motivating factors in Texas were the increasing high-profile incidents throughout the State of male and female adults in positions of trust, such as ministers, clergy, educators, coaches, family friends, and even family members either sexually abusing or engaging in preparatory behaviors designed to lead to abuse of a child or children.
Finally, there was the need to align a Texas state law with the primary federal grooming statute: 18 U.S. Code § 2422, Coercion and Enticement, which criminalizes knowingly persuading, inducing, enticing, or coercing an individual, especially a minor under 18, to travel in interstate or foreign commerce to engage in prostitution or any criminal sexual activity. It applies to both the act and attempts to do so.
Child grooming prosecutions, however, will not be a walk in the park. Grooming is not a crime of action requiring proving beyond a reasonable doubt that the offender committed the act but rather is an intention to commit a crime requiring the prosecution to prove beyond a reasonable doubt the “mental state” of the offender preparing to commit the act.
This will prove difficult for some jurors to comprehend, let alone accept.
Would the gift of $100 from a step-parent or the hug of a minister to a nine or 10-year-old alone be sufficient to constitute an act of grooming? How does a juror distinguish an impure gift from a pure gift or an innocent touch with a grooming touch?
These and a myriad of other questions will have to be answered by the Texas Court of Criminal Appeals in the coming years as the court carves out meanings to terms like “entice,” “induce,” “coerce,” or “persuade” to establish sufficient proof of the mental state necessary to show “grooming” of a child.
Smart lawyers will make Fourteenth Amendment challenges to the law based on the due process premise that these terms do not provide adequate notice of prohibited conduct, along with challenges under the State’s void-for-vagueness doctrine.
Terms underlying the entice/induce/coerce/persuade prerequisites—trust and rapport building, communication controls, emotional bribery, isolation, secrecy, and/or testing boundaries—can apply to so many other life circumstances involving children that it will be difficult to confine them to “grooming” in a specific set of circumstances.
Child grooming in Texas is a third-degree felony with a penalty of up to 10 years and a $10,000 fine, or a second-degree felony with a penalty of up to 20 years and a higher fine if the defendant has certain prior sex offense convictions involving children.
Added to these penalties is the fact that the 2025 Texas Legislature made a “child grooming” conviction a “reportable” offense requiring mandatory sex offender registration. Known as Audrii’s Law (or Senate Bill 1193), the law was signed by Gov. Greg Abbott in May and takes effect on September 1, 2025. The law was named after Audrii Cunningham who was murdered in Livingston, Texas, in February 2024 by an offender with a prior non-reportable sex offense conviction.
As a final note: Section 15.032 is a standalone offense. That’s significant because the statute itself requires the State to decide whether to prosecute a grooming case alone or prosecute under any other child sex offenses in the Penal Code.
Advice: If you or a loved one believe you have been or may be under investigation for a child grooming offense, immediately contact an experienced child sex offense defense attorney.
What Is Child Grooming Under Texas Law?
Under Texas Penal Code Section 15.032, child grooming occurs when an adult uses communications or conduct to prepare or entice a child under 18 for sexual abuse. This includes building trust or emotional connections with the child or their guardian with the intent to exploit the child sexually.
Key Provisions of Texas Penal Code 15.032
- Criminalizes grooming acts before any physical contact occurs.
- Applies to grooming through digital messages, social media, texts, or in-person interactions.
- Allows prosecutors to charge grooming as a separate offense, in addition to any related sexual crimes.
Penalties for Child Grooming in Texas
A conviction under Texas’s child grooming statute can lead to:
- Felony charges, typically third-degree felony penalties.
- Prison sentence of 2 to 10 years.
- Mandatory registration as a sex offender.
- Severe reputational and professional consequences.
Challenges Prosecutors Face in Proving Grooming
While Audrii’s Law provides prosecutors with new tools, proving criminal intent behind grooming behavior can be complex. Many everyday interactions with minors could be misinterpreted, especially in digital communications. This makes it essential for the accused to have experienced legal representation.
Legal Defenses Against Child Grooming Charges
If you are facing a child grooming charge in Texas, a knowledgeable defense lawyer can explore defenses such as:
- Lack of criminal intent — showing communications were innocent or misunderstood.
- Entrapment — law enforcement induced behavior you would not otherwise have engaged in.
- Insufficient evidence — prosecution fails to meet the high burden of proof beyond a reasonable doubt.
Why You Need an Experienced Criminal Defense Lawyer in Texas
Child grooming charges carry life-changing penalties and stigma. A conviction may result in imprisonment and permanent sex offender registration. An experienced attorney will:
- Investigate every detail of the accusation.
- Challenge questionable evidence or improper law enforcement tactics.
- Work to protect your rights and minimize the consequences.
???? If you or a loved one are being investigated or have been charged with child grooming in Texas, contact John T. Floyd today. We provide aggressive, strategic defense to protect your future.
FAQs About Child Grooming Charges in Texas
What is considered grooming behavior under Texas law?
Any communication or conduct intended to build trust or reduce a child’s inhibitions for future sexual exploitation, whether online or in person.
Can I face grooming charges for online messages that were misunderstood?
Yes. That’s why it’s vital to have a lawyer who can present your communications in the proper context.
Does a grooming conviction require sex offender registration?
Yes. Convictions under Section 15.032 mandate sex offender registration in Texas.
