Is Sexting a Crime in Texas?

Sexting is a term that’s been around since the late 90’s and is defined as using a mobile or cell phone to text explicit messages or nude or semi-nude photos to someone.  This is considered a private matter among consenting adults.  When it involves a minor, however, it becomes a public matter that is punishable under Texas child pornography laws. 

Current Texas Laws

Texas, under the current child pornography statues, can charge anyone under the age of 18 possessing explicit images of another minor on their phone with a third degree felony. This would involve penalties from two to 10 years in prison, fines up to $10,000 and  life-long registration as a sex offender. 

Proposed Legislation to Reduce Sexting to a Misdemeanor

There is currently proposed legislation in Texas to limit the growing problem of sexting among teenagers, but would distinguish between inappropriate and misguided teenage behavior and that of an adult child pornographer.  The legislation, proposed by Sen. Kirk Watson and endorsed by Texas Attorney General Greg Abbott  would make sexting a Class C misdemeanor for first time offenders under the age of 18.  A judge would have the discretion to authorize the convicted minors and their parents to participate in a sexting education and awareness program.

If your child has been accused or arrested of a sex crime the consequences can be severe and follow them their entire life.   Posting pictures and sexting on Facebook or other social media networking sites can also be defined as a criminal act.  What most people don’t know is having explicit photos and texts on your minor son or daughter’s phone can get them charged with possessing or trafficking child pornography, even if they don’t open the text or image and haven’t even seen them.  Texas has experienced cases where a student in the eighth grade as been jailed after an accusation of sending suggestive photos on his phone. 

Even with the passage of this new law easing the penalties for sexting, Texas minors still can be facing serious consequences when accused of this type of “cyber crime”.  Minors accused of a second offense would still are facing a felony charge.  If you or someone you know is dealing with this type of situation with the Texas Criminal Justice System, you need the best criminal defense attorney available.  Attorneys at The Dick Law Firms have years of experience with the Williamson County Justice System.  Call for a free confidential consultation.  Don’t let your loved one’s poor judgment result in a lifelong problem.