The creating and passing of legislation dealing with the Electronic Transmission of Certain Visual Materials Depicting a Minor was the result of the Texas Legislature trying to keep up with technological advances. In a day and age where many minors have cell phones with the ability to record images or videos, this legislation was created to ensure that sexually explicit material involving children was not created nor distributed.
While this specific legislation only deals with visual material in the possession of a minor, if an adult possesses these materials, it opens them up to prosecution under State and Federal child pornography laws.
If you or someone in your family is being investigated or charged with transmission of sexual material involving a minor, it is important to contact a qualified attorney right away. To contact Jack B. Carroll & Associates, call us any time at 713-228-4607.
An Overview of Texas Law
Electronic Transmission of Certain Visual Materials Depicting a Minor
A person who is a Minor (person younger than 18 years of age), commits this offense if the person:
- Using technology, promotes to another minor visual material depicting a minor, including the person, engaging in sexual conduct; OR
- Electronically possess visual material of another minor engaging in sexual conduct.
Understanding Defense Strategies
It is a Defense to Prosecution if the visual material transmitted:
- Depicted only the actor and another minor who were involved in a dating or marriage relationship and were not more than 2 years apart in age;
- Was promoted or received only to or from the actor and the other minor;
It is a Defense to Prosecution if the actor:
- Did not produce or solicit the visual material;
- Possessed the material only after receiving it from another minor; AND
- Destroyed the visual material within a reasonable amount of time after receiving it.
Criminal Penalties for Convicted Offenders
Electronic Transmission of Certain Visual Material Depicting a Minor can be charged as a Class C, Class B, or Class A Misdemeanor:
- It is a Class C misdemeanor, carrying a punishment of a fine up to $500 unless one of the other enhancements apply.
- It is a Class B Misdemeanor, carrying a punishment of up to 6 months in jail and up to a $2,000 fine, if it is shown during trial that the disclosure or transmission of the material was done with the intent to annoy, harass, alarm, abuse, torment, embarrass, or offend another person.
- It is a Class A Misdemeanor, carrying a punishment of up to a year in jail and up to a $4,000 fine, if it is shown that the Minor has been previously convicted of this offense up to two previous times.
Accused of Illegal Image Transmission?
Call Jack B. Carroll & Associates for Help Today!
If you or a member of your family is the subject of an investigation or are facing criminal charges for Electronic Transmission of Certain Visual Materials Depicting a Minor, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible so we can review the case thoroughly.
Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges of a sexual nature.
Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.
Resources
- Texas Penal Code Chapter 21: Sexual Offenses
- Houston Chronicle: Texas Sex Abuse Exonerations
- HPD: Sex Crimes Division
- Reason: False Sex Crime Accusations Destroys Family, Legally
- Harris County DA: Victim Resources
- Office for Victims of Crimes