Stuckle & Associates PLLC
(972) 423-4405
Schedule Your Free Consultation
Proudly serving the
entire state of Texas.

Sexting by Juveniles

We know that an adult possessing or transmitting child pornography is a serious criminal offense. But children who transmit a picture of themselves or another minor child engaged in sexual conduct can also be prosecuted. Most of these incidents involve so-called "sexting," or sending sexual pictures via text messages on a cell phone. Sexting by young people has increased dramatically as more and more young adults use cell phones.

Young people don't always understand the consequences of sending suggestive pictures of themselves or their peers through a text message, but the consequences have always been serious. Prior to recent changes in Texas law, teens accused of sexting faced felony penalties since the crime was considered to be the promoting of child pornography.  Parents and educators thought these laws were too harsh for juveniles who do not fully comprehend the severity of their actions.

In 2011, Texas Senate Bill 407 was signed into law by Gov. Rick Perry. Under this new law, a minor who knowingly possesses, promotes, or sends sexually explicit text messages containing images of a minor is charged with a misdemeanor instead of a felony. Also, minors found guilty of sexting no longer have to register as sex offenders for this offense. Despite this change in the law, adults with sexually explicit images of juveniles can still be charged with a felony for possession of or promoting child pornography, distributing sexual images to a minor, or promoting sexual performance of a minor.

Attorneys for Transmitting Visual Material Depicting a Child in Plano, TX

If you are charged with the offense of electronic transmission of certain visual material depicting a minor, then contact an experienced criminal defense attorney at Stuckle & Associates PLLC. We represent clients charged with a wide variety of criminal offenses, including those allegedly committed against children.

Call Stuckle & Associates PLLC today at (972) 423-4405 to schedule a free consultation to discuss your case. During the consultation, you can find out more about the potential penalties that might apply to your case.


Back to Top

Elements of Penal Code Section 43.261(b)(1)

The criminal charge of electronically transmitting certain types of visual material depicting a minor child under Penal Code Section 43.261(b)(1) contains the following elements that must be proven at trial beyond all reasonable doubt:

  • The defendant was a minor child at the time of the offense

  • The defendant intentionally or knowingly by electronic means promotes to another minor visual material

  • The visual material depicted a minor, including the actor, engaging in sexual conduct, and

  • The defendant either produced the visual material or knows that another minor produced the visual material

Back to Top

Elements of Penal Code Section 43.261(b)(2)

The elements for the electronic transmission of certain visual materials depicting a minor under Penal Code Section 43.261(b)(2) that must be proven at trial include:

  • The defendant was a minor at the time of the offense

  • The defendant intentionally or knowingly possesses in an electronic format visual material depicting another minor engaging in sexual conduct, and

  • The defendant either produced the visual material or knows that another minor produced the visual material

It is a defense to prosecution for the electronic transmission of certain visual materials depicting a minor under Penal Code Section 43.261(b)(2) if the defendant did not produce or solicit the visual material and possessed the visual material only after receiving the material from another minor and destroyed the visual material within a reasonable amount of time after receiving the material from another minor.


Back to Top

Penalties for Children "Sexting" under Texas Law

The Texas Penal Code, Section 43.261(b)(1) provides for a Class C Misdemeanor if a minor child promotes visual material with the intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

The crime can be charged as a Class B Misdemeanor if the child has a prior conviction, or a Class A Misdemeanor if the child has two or more prior convictions for same type of offense.


Back to Top

Definitions under the Texas Child Sexting Statute

The term "minor” means a person younger than 18 years of age.

Under the Texas "sexting" statute, the term “produce,” with respect to visual material, includes any conduct that directly contributes to the creation or manufacture of the material.

The term “promote” is defined by statute to mean to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of these actions.

The definition of “sexual conduct,” is 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.

“Visual material” means any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide, or any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method.


Back to Top

Affirmative Defenses under Texas Penal Code Section 43.261(e)

It is an affirmative defense to prosecution that the visual material depicted only the defendant or another minor 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

  • The spouse of the actor at the time of the offense

The term “preponderance of the evidence” means the greater weight and degree of credible evidence that has been admitted into trial, but is a lesser standard than "beyond any reasonable doubt."


Back to Top

Stuckle & Associates PLLC ǀ Attorney for Transmitting Sexual Conduct Pictures in Texas

If your child was charged with the criminal offense of intentionally or knowingly transmitting pictures of sexual conduct involving a minor child, then you should contact a criminal defense attorney at Stuckle & Associates PLLC who is experienced in representing both adults and juveniles in these types of "sexting" cases.

The misdemeanor offense of electronic transmission of certain visual material depicting a minor is often prosecuted in juvenile court. Our attorneys are familiar with the best ways to fight the charges for an outright dismissal, diversion program, or reduction to a less serious offense.


Back to Top