Texas has strict laws about sexting with teens. It is not just illegal for an adult to send messages to a teenager with sexual content. Texas even prohibits sexting between teens. The sender can be charged with a misdemeanor.
The law is found in Texas Penal Code 43.261. The statute says that it is a crime for one minor to send an obscene photo or video of themselves or another minor engaging in sexual conduct to another minor. There is another law that makes it a misdemeanor to send a picture of that person engaging in sexual conduct or with their private parts exposed without that material being requested by the recipient.
The crime is charged as a Class C misdemeanor. There is no jail time, but it can lead to a fine of up to $500. There are more serious penalties if the crime is a repeat offense. A second offense could lead to a jail sentence of up to 180 days. Therefore, if the defendant has grounds to fight the charges, they may contest a first offense since they do not want it on their record.
Not Every Text with Sexual Content Is Illegal
The law does not punish all communications that have sexual content. The statute applies specifically to photos and videos. If the text is strictly verbal, with nothing else involved, it is not criminal. In addition, the law also requires intent. The sender must act “intentionally or knowingly.”
There is also another very important exception in the law that applies to many “sexts” sent between teens. If the sender and the recipient were in a “dating relationship” and the two are within two years of each other in age, it would not be charged as a crime. The law defines a dating relationship as “a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.”
Thus, the law is not as clear-cut as it may have sounded when we said that sexting between teens is punishable in Texas. There are enough exceptions and definitions in the law that exclude many acts from the law. Still, minors need to be careful when sending explicit images to each other because what they are doing may very well be illegal. Even being convicted of a Class C misdemeanor could have consequences beyond just the criminal penalties.
Regardless, teens do not want to end up in the criminal justice system for sending a text that they may have no idea was illegal. Therefore, parents and teens should talk about texting habits to avoid situations like these. If a teenager has been charged with sexting, their parents should get them legal help immediately.
Seek Help from Austin Criminal Defense Lawyers
Granger and Mueller P.C. has been helping people navigate the criminal justice system and fighting for the rights of our clients since 1993. Call us today at (512) 474-9999 or contact us online if you or a loved one have been charged with a crime.