Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
January 05, 2024
“Sexting” is a combination of the words “sex” and “texting.” It means to send a cell phone message to someone that contains sexually explicit material like naked or suggestive photos, videos, or text. Something else to be aware of is that Texas has some of the steepest penalties in the union for sex crimes against minors.
If you or your child has been accused of violating sexting laws, seek help from a Williamson County criminal defense lawyer immediately.
A 16-year-old girl sends a photo of herself undressed to a boy in her class at school that she has a crush on – is that illegal? Actually, yes.
Texas Penal Code §43.261 makes it a crime for someone 17 or younger to digitally send to another person under 17 imagery they created that depicts any minor engaging in sexual conduct. This statute also specifies that the same is also illegal if the material was created by an acquaintance.
Furthermore, simply being in possession of such sexually explicit material of a minor that one or one’s friend produced is also against the law. This law, however, does allow Texas teens to send sexually explicit material of themselves to other minors or similarly-aged adults if they are dating. A couple must be no more than two years apart for their relationship to lawfully include sexting.
Texas Penal Code §43.261 is a misdemeanor punishable by a fine of up to $500. This crime can be bumped from a Class C to a Class B misdemeanor if the sexual content was sent with the intent to bully or harass. If that is the case, the perpetrator could be looking at six months in jail and a fine of up to $2,000. Additional convictions under this statute can be treated as a Class A misdemeanor, which is punishable by a year in jail and a fine up to $4,000.
Anyone facing these accusations needs a sex crime defense attorney on their side right away.
Child pornography is any material that depicts a minor under 18 involved in sexual conduct. Sexting to or from a minor and/or sexting material involving a minor can be considered child pornography under Texas Penal Code §43.26. This law is violated when someone of any age has or tries to view sexual content involving someone under 18. Whether the sexual activity is consensual or not has no bearing—child pornography is child pornography.
If you are found guilty of Penal Code §43.261, the first offense is considered a third-degree felony, which could get you up to 10 years in jail and a fine of $10,000. A third conviction for child pornography, on the other hand, is a first-degree felony, just like murder. It’s punishable by life in prison and a fine of $10,000.
Let the experienced, knowledgeable, friendly Williamson County, TX, sex crimes lawyer at Scott Magee, Attorney at Law, help you navigate this situation. We are available around the clock for free case evaluations. Contact our office today to schedule a meeting or call.
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.