Created by FindLaw's team of legal writers and editors | Last reviewed March 29, 2018
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Texas prohibits the promotion, use, or exploitation of children under the age of 18 for performance or employment or conduct of sexual acts or depictions of acts of a sexual nature. Texas law defines "sexual conduct" as sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola. It is against the law to promote, create, or disseminate materials depicting any such sexual conduct by any means of visual representation, including plays, motion picture, photographs, and dance.
It is also a crime to possess child pornography. A prosecutor must be able to prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed materials depicting a child under the age of 18 years at the time the material was created, engaging in sexual conduct, and the defendant knows this material depicts the child as such. Under Texas child pornography laws, if six or more identical visual depictions of a child engaging in sexual conduct are found, then there will be a presumption that the defendant had intent to promote the materials.
| Statute | Texas Penal Code § 43.25, et seq. |
| Statutory Definition of Child Pornography Offenses | Sexual Performance by a Child: A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance. Possession of Child Pornography: A person commits an offense if:
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| Crime Classifications | Sexual Performance by a Child:
Possession of Child Pornography:
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| Defenses to Child Pornography Charges |
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| Penalties and Sentences |
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Note: State laws are constantly changing -- please contact a Texas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
The hiring of children for sexual performances or the production or possession of child pornography is a serious crime in Texas as in other states. Depending on the severity of the charges, you could spend the rest of your life in prison if convicted. So, if you've been charged with violating Texas child pornography laws, it's best to contact a skilled criminal defense attorney who can assess your case and explain any defenses that may be available to you.
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