Sale, Distribution, or Display of Harmful Material to a Minor
Chapter 43 of the Texas Penal Code defines charges and punishments for offenses of public indecency.
“Sale, Distribution, or Display of Harmful Material to Minor”, as per § 43.24 of the Texas Penal Code, occurs when a person, knowing that the material is harmful:
1. and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
2. he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
3. he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in the previous 2 bullet points.
"Harmful material" means material whose dominant theme, taken as a whole:
- appeals to the prurient interest of a minor in sex, nudity, or excretion;
- is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
- is utterly without redeeming social value for minors.
An offense under this section is a Class A misdemeanor unless it is committed under Subsection (3), in which event it is a felony of the third degree.
Punishment Ranges
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
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