Texas has specific laws addressing sexting involving minors, giving prosecutors charging options that distinguish teen-to-teen sexting from more serious child pornography offenses. Under Texas Penal Code §43.261, minors who share explicit images face misdemeanor charges rather than the felony penalties that apply to child pornography. However, adults who sext with minors face serious felony charges under different statutes. The state updated these laws in 2023 and 2025 to address AI-generated imagery.
Key Points
- Specific Teen Sexting Law: Yes (Penal Code §43.261)
- Age of Majority: 18 years old
- Minor-to-Minor: Class C to Class A misdemeanor
- Adult-to-Minor: Third-degree felony or higher
- Revenge Porn Law: Yes (Penal Code §21.16)
- Sex Offender Registration: Not required for §43.261 convictions
Penalties at a Glance
- First Offense (Minor): Up to $500 fine
- With Intent to Harass: Up to 180 days jail, $2,000 fine
- Third+ Offense (Minor): Up to 1 year jail, $4,000 fine
- Child Pornography (Adult): 2-10 years prison, $10,000 fine
Table of Contents
- Texas Teen Sexting Law (§43.261)
- Penalties for Teen Sexting
- Affirmative Defenses
- AI-Generated Imagery (2023-2025 Updates)
- Child Pornography Laws (§43.26)
- Adults Sexting With Minors
- Sending Unwanted Explicit Images (§21.19)
- Revenge Porn Laws (§21.16)
- Juvenile vs. Adult Court
- Sex Offender Registration
- Long-Term Consequences
- Frequently Asked Questions
- What to Do If Charged
- Resources
Texas Teen Sexting Law (§43.261)
Texas enacted a specific teen sexting statute in 2011, codified as Penal Code §43.261, titled “Electronic Transmission of Certain Visual Material Depicting Minor.” This law applies exclusively to defendants under 18 years old and provides an alternative to the much harsher child pornography statutes.
Under this law, a minor commits an offense if they intentionally or knowingly:
- Promote (send, distribute, or share) by electronic means visual material depicting a minor engaging in sexual conduct to another minor, if the actor produced the material or knows another minor produced it
- Possess in electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the material or knows another minor produced it
What Counts as “Sexual Conduct”?
Texas law defines “sexual conduct” broadly under Penal Code §43.25. It includes:
- Sexual intercourse (actual or simulated)
- Masturbation
- Deviate sexual intercourse
- Lewd exhibition of the genitals, anus, or female breast (including the nipple)
- Any act intended to arouse or gratify sexual desire
This means that a nude selfie showing genitals or female breasts would qualify as depicting “sexual conduct” under Texas law, even if the image shows nothing explicitly sexual happening.
Penalties for Teen Sexting
Penalties under §43.261 escalate based on prior convictions and whether the offender acted with intent to harass:
Standard Offenses
| Offense | Classification | Maximum Fine | Maximum Jail Time |
|---|---|---|---|
| First offense | Class C misdemeanor | $500 | None |
| Second offense | Class B misdemeanor | $2,000 | 180 days |
| Third or subsequent offense | Class A misdemeanor | $4,000 | 1 year |
Offenses With Intent to Harass
If a minor promotes (sends or distributes) visual material with intent to harass, annoy, alarm, abuse, torment, or embarrass another person, the penalties increase:
| Offense | Classification | Maximum Fine | Maximum Jail Time |
|---|---|---|---|
| First offense with intent to harass | Class B misdemeanor | $2,000 | 180 days |
| Second or subsequent offense | Class A misdemeanor | $4,000 | 1 year |
Additional Court Requirements
Under Code of Criminal Procedure Art. 45.0216, courts may require minors convicted under §43.261 to:
- Complete an educational program about the legal and non-legal consequences of sexting
- Perform community service
- Pay a fine
- Complete counseling if ordered by the court
Affirmative Defenses
Texas law provides several defenses that, if proven, require the court to acquit the defendant:
Dating Relationship Defense
Under §43.261(e), it is an affirmative defense that:
- The visual material depicted only the defendant or another minor who is not more than two years older or younger than the defendant
- At the time the offense occurred, the defendant and the minor depicted were in a dating relationship or married
- The defendant did not promote (share) the material to anyone other than the minor depicted
This is often called a “Romeo and Juliet” defense. It protects teens in relationships who privately share images only with each other.
Unsolicited Receipt Defense
Under §43.261(f), a defendant has a defense to prosecution if:
- The defendant did not produce or solicit the visual material
- Another minor sent the material to the defendant
- The defendant destroyed the material within a reasonable time after receiving it
This protects minors who receive unsolicited images and promptly delete them.
Important Limitations
These defenses do not apply if the defendant:
- Solicited, induced, or coerced the depicted minor to create the material
- Used blackmail, extortion, or threats to obtain the material
- Paid or offered something of value for the material
AI-Generated Imagery (2023-2025 Updates)
Texas has updated its sexting laws to address emerging technology concerns:
2023 Amendment (HB 2700)
The 88th Texas Legislature passed HB 2700, adding subsection (b-1) to §43.261. This expanded the definition of prohibited visual material to include:
- Depictions of a recognizable minor (by face, likeness, or distinguishing characteristics)
- Images created, adapted, or modified using AI or computer software
- So-called “deepfake” imagery that superimposes a minor’s likeness onto explicit content
2025 Amendment (SB 1621)
Effective September 1, 2025, SB 1621 from the 89th Legislature further expanded the law to include:
- AI-generated depictions of minors that, to a reasonable person, are virtually indistinguishable from an actual minor
- This applies even if no real minor’s image was used in creating the material
These amendments mean that completely AI-generated child sexual abuse material (CSAM) is now covered under Texas sexting laws, regardless of whether any actual child was depicted or harmed.
Child Pornography Laws (§43.26)
While §43.261 provides reduced penalties for minor-to-minor sexting, the more serious child pornography statute at Penal Code §43.26 applies when:
- An adult possesses, accesses, or distributes sexual images of minors
- A minor’s conduct falls outside the §43.261 framework
- The material was commercially produced or distributed
- Prosecutors choose to charge under the more serious statute
Penalties Under §43.26
| Offense | Classification | Prison Time | Maximum Fine |
|---|---|---|---|
| First offense (possession) | Third-degree felony | 2-10 years | $10,000 |
| Second offense | Second-degree felony | 2-20 years | $10,000 |
| Third or subsequent offense | First-degree felony | 5-99 years or life | $10,000 |
| Promotion (distribution) | Second-degree felony | 2-20 years | $10,000 |
Presumption of Intent to Promote
Under §43.26(e), a person who possesses six or more images or videos of child pornography is presumed to have intent to promote (distribute) the material. This can elevate charges from third-degree to second-degree felony.
Adults Sexting With Minors
Adults (18 and older) who engage in sexting with minors cannot be charged under §43.261, which applies only to minor defendants. Instead, adults face prosecution under more serious statutes:
Possession or Promotion of Child Pornography (§43.26)
An adult who receives, possesses, or distributes sexual images of minors faces felony charges as described above.
Sexual Performance by a Child (§43.25)
Under Penal Code §43.25, an adult who induces, employs, authorizes, or causes a child to engage in sexual conduct (including creating explicit images) commits:
- Second-degree felony if the child is 14-17 years old (2-20 years prison)
- First-degree felony if the child is under 14 years old (5-99 years or life)
Online Solicitation of a Minor (§33.021)
Under Penal Code §33.021, an adult who uses electronic communications to solicit a minor to engage in sexual conduct or send sexual images commits a serious felony offense.
Sending Unwanted Explicit Images (§21.19)
Texas also prohibits sending unsolicited sexually explicit images to anyone, regardless of age. Under Penal Code §21.19, a person commits an offense by knowingly transmitting visual material that:
- Depicts any person engaged in sexual conduct or with exposed intimate parts
- Is sent without the recipient’s request or express consent
This law, sometimes called the “cyberflashing” statute, is a Class C misdemeanor punishable by up to a $500 fine. It applies equally to images of adults or minors and does not require that the sender be depicted in the image.
Revenge Porn Laws (§21.16)
Texas has a separate statute addressing the non-consensual sharing of intimate images. Under Penal Code §21.16, “Unlawful Disclosure or Promotion of Intimate Visual Material,” a person commits an offense by:
- Disclosing intimate visual material without the depicted person’s consent
- Acting with intent to harm the depicted person
- Knowing the material was obtained under circumstances where the depicted person had a reasonable expectation of privacy
This offense is a state jail felony, punishable by 180 days to 2 years in state jail and fines up to $10,000.
Juvenile vs. Adult Court
In Texas, the juvenile justice system generally handles offenders ages 10-16. Seventeen-year-olds are typically prosecuted as adults under Texas law.
Juvenile Court Proceedings
For defendants under 17 charged with Class C misdemeanor sexting:
- Cases are typically handled in justice courts or municipal courts
- Courts may order educational programs, community service, or counseling
- The focus is on rehabilitation rather than punishment
For more serious charges (Class A or B misdemeanors), cases may be handled in juvenile court with possible adjudication of delinquency.
Transfer to Adult Court
In rare cases involving serious felony charges (such as child pornography under §43.26), prosecutors may seek to transfer a juvenile case to adult court through certification proceedings.
Sex Offender Registration
One of the key benefits of being charged under §43.261 rather than §43.26 is that teen sexting convictions do not require sex offender registration.
Under Code of Criminal Procedure Chapter 62, the offenses that require sex offender registration are specifically listed. The §43.261 teen sexting offense is not included on this list.
However, if a minor is charged under the child pornography statute (§43.26) or other listed sex offenses, registration may be required. This is one reason why the existence of the teen sexting statute is so important for young people who make mistakes.
Long-Term Consequences
Even though teen sexting under §43.261 carries relatively light statutory penalties, a conviction can still have lasting impacts:
Criminal Record
- A misdemeanor conviction remains on your record unless expunged
- May appear on background checks for employment, housing, or education
- Could affect college admissions or financial aid eligibility
Expungement Possibilities
Under Code of Criminal Procedure Art. 45.0216 and Family Code §59.004, a juvenile with only one conviction for teen sexting may petition for expunction after turning 17, provided they meet certain requirements.
Social and Emotional Impact
- Images shared online can be extremely difficult to remove permanently
- Victims may experience ongoing harassment, anxiety, or depression
- Both senders and depicted individuals may face social stigma
Frequently Asked Questions
Can a minor be charged with child pornography in Texas?
Yes. While Texas has a specific teen sexting law (§43.261), prosecutors retain discretion to charge minors under the more serious child pornography statute (§43.26) depending on the circumstances. Factors that might lead to felony charges include: large quantities of images, distribution to many people, involvement of coercion, or images depicting very young children.
What if both teens are the same age?
Same-age teens can still be charged under §43.261. However, if they are in a dating relationship and only shared images privately between themselves (and the images depicted only themselves or each other), the dating relationship defense may apply.
Is it illegal to keep intimate photos of my ex?
If you are a minor and the photos depict a minor, possessing them may violate §43.261 or §43.26. If you are an adult, possessing intimate images of a minor is illegal regardless of when you received them or your relationship at the time. Additionally, sharing such images without consent could violate the revenge porn statute (§21.16).
What if I delete the images immediately?
Prompt deletion can be an affirmative defense under §43.261(f), but only if you did not produce or solicit the images. Destroying evidence after learning of an investigation could result in additional charges for obstruction or tampering with evidence.
Can parents be charged for their child’s sexting?
Generally, parents are not criminally liable for their child’s sexting unless they actively participated, encouraged, or facilitated the conduct. However, parents should be aware that they could face civil liability in some circumstances.
What about sexting between two consenting adults?
Sexting between consenting adults is legal in Texas. However, sending unsolicited explicit images, even between adults, can violate §21.19. Additionally, sharing intimate images without consent can violate the revenge porn statute.
What is the statute of limitations for teen sexting?
As a misdemeanor offense, the statute of limitations for §43.261 is two years from the date of the offense under Code of Criminal Procedure Art. 12.02.
What to Do If Charged
If you or your child is accused of sexting offenses in Texas:
Do:
- Contact an experienced criminal defense attorney immediately
- Exercise your right to remain silent
- Document any context that might support a defense (dating relationship, age proximity, etc.)
- Preserve evidence that could be helpful to your defense
Do Not:
- Speak to police or investigators without an attorney present
- Delete images or other evidence after learning of an investigation (this could be obstruction)
- Contact the alleged victim or witnesses
- Discuss the case on social media or with friends
Resources
Legal Resources
- State Bar of Texas Lawyer Referral Service
- Texas Law Help (free legal information)
- Texas Justice Court Training Center
Support Resources
- National Center for Missing & Exploited Children
- Cyber Civil Rights Initiative (for victims of non-consensual pornography)
- StopBullying.gov
Educational Resources
- Texas School Safety Center: Before You Text
- Common Sense Media (digital citizenship resources for families)
This article provides general legal information about Texas sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified Texas criminal defense attorney.
Last updated: February 2026