Felony Offenses in the Texas Penal Code

Austin Criminal Lawyer


Federal Defense Attorney

Texas Penal Code, Section 43.26 - Possession or Promotion of Child Pornography

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.

NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the state of Texas, please contact us at (512) 478-0758 or fill out a brief case questionnaire.