As Internet and cell phone technology has evolved, there are many more occurrences today of ‘sexting.’ This is sending nude or sexually explicit photos by text message on cell phones. This is an especially common practice among minors who are less than 18 years old.

The following is an excerpt from criminal attorney D. Lazarine’s site in Houston, Tx. Mr. Lazarine writes for the DUI Lawyers Near Me, and was previously featured in Evading Arrest Texas.

Texas Sexting Laws, Statue, Punishment

In this state, an adult may be prosecuted under Texas adult pornography laws for sending a sexually explicit text message to a minor. However, a minor also can be prosecuted under adult pornography laws for sending a sexually explicit message that contains a minor, to another minor. This can cause some minors to face very harsh consequences for their sexting behavior.

A sexting conviction for either minors or adults can lead to a permanent felony record and being required to register as a sex offender for life in Texas.

New Sex Crimes Law

In 2011, the state passed a new sex crimes law that clarified the rules and consequences for sexting done by minors. The new law states that it is a criminal offense for any minor to do the following knowingly:

• Send to another minor a text or visual material that shows a minor, including the actor, performing any type of sexual-related conduct. This is the case if the actor made the visual material and knew that it was produced by another minor.
• Possess a text or visual material that shows another minor in any type of sexual conduct, if the actor was the producer of the material, or knew that a minor had produced it.

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The law states that sexual conduct is defined as sexual contact, sexual intercourse either actual or simulated, masturbation, bestiality, or showing of any part of the female breast below the very top of the areola.

The new Texas law has what is called an affirmative defense for any sexting that occurs between minor spouses, or between minors who are within two years of one another.

This is the same as a defense under the current pornography statute. This is found to be necessary because without such a defense, it is possible for two minors to have legal sex but not be allowed to sext each other.

The state law also has a defense for the prosecution that protects a person who receives an unsolicited sext.

Promotion and possession of sext materials is a Class C misdemeanor with a maximum fine of $500. The penalties feature enhancements for multiple offenses, but it is capped as a class A misdemeanor.

If the offense is promoted to a class B misdemeanor, it means that the minor was promoting the material with the intention of harassing, alarming, annoying, or embarrassing another person.

Any adult who sexts a minor will be charged under adult pornography laws of Texas. How he or she will be prosecuted depends upon whether the adult sent, solicited or received the sext messages. Penalties increase if the adult distributes the images to others in the form of child pornography. Fines for adults sending sexts featuring minors or to minors can be up to $10,000.

Talk to an Attorney

If you are facing a sexting charge as a teenager or adult, you should speak to a qualified defense attorney immediately.