Texas Penal Code 43.261 – Electronic Transmission of Certain Visual Material Depicting Minor
Current as of: 2024 | Check for updates
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(a) In this section:
(1) “Dating relationship” has the meaning assigned by § 71.0021, Family Code.
(2) “Minor” means a person younger than 18 years of age.
(3) “Produce” with respect to visual material includes any conduct that directly contributes to the creation or manufacture of the material.
(4) “Promote” has the meaning assigned by § 43.25.
(5) “Sexual conduct” has the meaning assigned by § 43.25.
(6) “Visual material” has the meaning assigned by § 43.26.
(b) A person who is a minor commits an offense if the person intentionally or knowingly:
(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or
(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 43.261
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b-1) For purposes of conduct prohibited under Subsection (b), visual material to which that conduct applies includes a depiction of a minor:
(1) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(2) whose image as a minor was used in creating, adapting, or modifying the visual material, including computer-generated visual material that was created, adapted, or modified using an artificial intelligence application or other computer software.
(c) An offense under Subsection (b)(1) is a Class C misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor:
(A) promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or
(B) except as provided by Subdivision (2)(A), has previously been convicted one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been:
(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or
(B) convicted two or more times of any offense under this section.
(d) An offense under Subsection (b)(2) is a Class C misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.
(e) It is an affirmative defense to prosecution under this section that the visual material:
(1) depicted only the actor or another minor:
(A) who is not more than two 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) was promoted or received only to or from the actor and the other minor.
(f) It is a defense to prosecution under Subsection (b)(2) that the actor:
(1) did not produce or solicit the visual material;
(2) possessed the visual material only after receiving the material from another minor; and
(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor.
(g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the defendant may be prosecuted under this section, the other law, or both.
(h) Notwithstanding § 51.13, Family Code, a finding that a person has engaged in conduct in violation of this section is considered a conviction for the purposes of Subsections (c) and (d).