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CHAPTER 43. PUBLIC INDECENCY
SUBCHAPTER A. PROSTITUTION
§ 43.26. POSSESSION OR PROMOTION OF CHILD
PORNOGRAPHY.
(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).
(b) In this section:
(1) "Promote" has the meaning assigned by Section 43.25.
(2) "Sexual conduct" has the meaning assigned by Section 43.25.
(3) "Visual material" means:
(A) 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
(B) 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.
(c) The affirmative defenses provided by Section 43.25(f)
also apply to a prosecution under this section.
(d) An offense under Subsection (a) is a felony of the third
degree.
(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or
possesses with intent to promote material described by Subsection
(a)(1); and
(2) the person knows that the material depicts the
child as described by Subsection (a)(1).
(f) A person who possesses visual material that contains six
or more identical visual depictions of a child as described by
Subsection (a)(1) is presumed to possess the material with the
intent to promote the material.
(g) An offense under Subsection (e) is a felony of the
second degree. |
