Legal Consequences, and Other Unintended Consequences, of Sharing of Visual Sexual Content Material
Texas Sexting Laws Involving Young People
Sexting is a crime in Texas even if no adult is involved. Under Texas Penal Code Section
43.261, it is a crime for a minor to “intentionally or knowingly” send another minor an
obscene photo/video or a photo/video of a minor engaging in sexual conduct, if they know
it was a minor. First-time offenses are punishable by a Class C misdemeanor, but the
statute indicates that under some circumstances a first-time offender can be charged with
a Class B misdemeanor.
In 2019, the Texas Legislature added Penal Code 21.19 which states that a Class C
misdemeanor is committed by a person if they knowingly transmit electronic visual
material that depicts any person engaging in sexual conduct or with the person’s intimate
parts exposed that is not sent at the request of or with the express consent of the recipient.
This applies to all electronic platforms such as e-mail, texts, apps, and social media. These
laws exist to protect you. Do not allow them to discourage you from involving law
enforcement if you are a victim.
Texas Intimate Image Abuse Law
In 2015, the Texas Legislature passed Texas Penal Code Section 21.16, called the
“Relationship Privacy Act,” which makes it a crime to share or promote someone’s private
sexual images without their consent. In 2017 the law was updated, increasing the penalty
to a state jail felony when someone reveals or discloses intimate images or videos of
another person without permission. “Visual material” now includes digital files of images
or videos that can be displayed on a computer or phone screen. Just because someone
took a private photo or video of themselves and sent it to a partner doesn’t mean they gave
consent for it to be posted, shared, or shown to anyone else.
Invasive Visual Recording Law
It is now a felony under Texas Penal Code 21.15 to photograph, videotape, or otherwise
record someone’s “intimate areas” in a place where they have a reasonable expectation of
privacy, like a bathroom or changing room, without their consent. We should all feel safe
being able to go to the bathroom without worrying that someone is recording us. This
includes bathrooms and changing areas in schools. Consent is not implied, meaning you
can’t put up a sign warning people that they are recorded in that area (bathroom, changing
room, etc.)
Texas Sextortion Laws
Texas Penal Code 33.021 makes it a felony offense to solicit anyone under the age of 17 (a
minor), or anyone the offender believes to be under the age of 17, online for sexual contact
or have sexually explicit communication with a minor, or someone they believe to be a
minor.
Texas Penal Code 33.07 states that if a person “uses the name or persona of another
person” without that person’s consent and with the intent to harm, threaten, defraud, or
intimidate the person, then he or she has committed a felony offense.
Texas Penal Code 21.18 says sexual coercion occurs if a person intentionally threatens by
coercion or extortion, to commit certain acts defined in the Penal Code (trafficking, or
various sexual assaults) threatens to obtain an act involving sexual conduct causing
arousal or gratification or intimate visual material. This section applies to a threat
regardless of how that threat is communicated, including a threat transmitted through email
or an Internet website, social media account, or chat room and a threat made by other
electronic or technological means. Such action is a felony or offense.
Texas Child Sexual Abuse Material Laws
In Texas, child pornography is now referred to as “Child Sexual Abuse Material.”
Pornography is when an adult has given consent to be naked in a picture, video, or drawing,
and is legal, because the adult gave consent. A child cannot give consent to be naked in a
picture, video, or drawing, so this type of material is illegal. According to the Texas Office of
the Attorney General, the age range of children most often targeted by child predators
online is ages 10-17. They also found that 1 in 7 young people have experienced unwanted
sexual solicitations online, and 1 in 3 have been exposed to unwanted sexual material
online.
Texas Penal Code 43.26 states that it is a felony crime, up to the first degree, for an adult to
knowingly or intentionally possess or access with the intent to view material that depicts a
child under the age of 18 engaging in sexual conduct; this includes sexting with a minor.
Texas Artificial Intelligence (AI) Laws
Artificial Intelligence (AI) is like a type of computer program that can think and learn like a
person. It can help people to talk, write, recognize pictures, play games, or make decisions.
For example, when you ask Alexa or Siri a question, that’s AI, or when Netflix or YouTube
suggests videos you may like, that’s AI, too.
There are several Texas laws that address safety concerns about AI:
Texas Penal Code 21.165, often referred to in the media as the state’s “deepfake porn” law,
makes it illegal to knowingly create or share sexually explicit Artificial Intelligence (AI)
generated or computer-altered images or videos of a person without their consent. The law
also makes it illegal to threaten to create or share such content to harm, control, or
intimidate someone.
Texas Penal Code 43.325 creates a new state jail felony offense for the possession or
promotion of obscene material that appears to depict a child younger than 18 years old,
regardless of whether the depiction is of an actual child, cartoon, or animation, or an image
created using an artificial intelligence application or other computer software.
This means it is a crime to have or share inappropriate or sexual pictures or videos that look
like they show someone under 18, even if the image is a cartoon, animation, or made by a
computer or AI. This means it doesn’t matter if the picture is real or fake, it is still against
the law. Texas Business and Commerce Code Section 552.057 bans a person from
developing or distributing an artificial intelligence system to produce or distribute sexually
explicit deepfake images or videos, child sexual abuse material, or sexually explicit textbased
conversations that impersonate or imitate children.
This means using AI to create or share sexual images, deepfakes, or videos of children is
illegal. Deepfakes are videos, audio recordings, or images where a person’s face, voice, or
body has been changed digitally using AI to make them appear real. Deepfakes can make it
seem like someone said something they didn’t say or do something they didn’t do. It is
often done for harmful reasons.
Texas Business and Commerce Code Section 552.052 prohibits the development or
deployment of artificial intelligence to encourage a person to commit physical self-harm,
suicide, harm to another person, or to engage in criminal activity.
In other words, using AI to encourage someone to harm themselves or others, or to do
something criminal is a serious crime.
To help parents navigate these changes and keep their children safe, we encourage you to
explore the Parents Guide to School Safety Toolkit: Sexting provided by the Texas School
Safety Center. This resource offers valuable information and practical tips on how to
address the issue.
https://txssc.txstate.edu/tools/parent-safety/3-bhss/3-5-sexting.html
https://txssc.txstate.edu/tools/courses/before-you-text/
Information on this page is from The Texas School Safety Center website.