Possession or Promotion of Lewd Visual Material Depicting a Child
Chapter 43 of the Texas Penal Code defines charges and punishments for offenses of public indecency.
“Possession or Promotion of Lewd Visual Material Depicting a Child”, as per § 43.262 of the Texas Penal Code, occurs when a person knowingly possesses, accesses with intent to view, or promotes visual material that:
- depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;
- appeals to the prurient interest in sex; and
- has no serious literary, artistic, political, or scientific value.
An offense under this section is a state jail felony, except that the offense is:
- a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and
- felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.
Punishment Range
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000