Accused over explicit pictures sent to a minor? Talk with a Texas defense lawyer first.

Charged with sending explicit pictures to a minor in Texas? The charge may fall under more than one law. This page explains both laws, who gets charged, what the State must prove, and what the first steps look like.

What Texas Law Treats as Sending Sexual Material to a Minor

Texas covers this conduct in two main ways. One is a general offense for sending sexual images without consent. The other targets people who reach out to minors online with sexual material.

The general electronic transmission offense

Under Texas Penal Code § 21.19, a person commits an offense by knowingly sending visual material by electronic means. The material must show sexual conduct or exposed intimate parts. The offense applies when the recipient did not request the material or give express consent. It is a Class C misdemeanor.

The online offense aimed at minors

Sending sexually explicit material to a minor is addressed in Texas Penal Code § 33.021, Online Solicitation of a Minor. The sender must act with intent to commit a listed offense. The statute uses the phrase “over the Internet, by electronic mail or text message,” as well as commercial online services.

A minor, under this section, is someone younger than 17. It also includes someone the sender believes is younger than 17. The base offense is a third-degree felony. It becomes a second-degree felony if the minor is younger than 14.

A separate offense for soliciting a minor to meet for sexual contact is also found in Texas Penal Code § 33.021. That is a different charge. You can read about it on our online sex crimes defense page.

Where the evidence usually lives

Texts, images, videos, apps, and social media accounts often hold the key evidence. Many of these cases start with a report or an online investigation. Federal and state task forces handle many technology-facilitated cases. The Internet Crimes Against Children Task Force Program describes that work. Evidence can come from several agencies, so the file may be larger than a single phone.

Minors Can Be Charged Too

Whether a teen faces a criminal charge in Texas depends on the facts of each case. Section 21.19 says “a person” commits the offense. It does not limit the offense to adults, so age alone does not take a teen outside the statute.

Texas Penal Code § 21.16 covers disclosing or promoting intimate visual material of another person without that person’s consent, under the conditions the statute sets; a teen sending an image of themselves falls under other provisions, such as Texas Penal Code § 43.261. That point often surprises young people.

Indecent exposure is another offense that can come up. Under Texas Penal Code § 21.08, indecent exposure is a Class B misdemeanor. It requires intent to arouse or gratify sexual desire, and recklessness about whether someone is present who will be offended or alarmed. The penalty rises after prior convictions under that section.

A case involving a minor can move through a different process than an adult case. The family should ask early what that means for court dates, records, and school. A juvenile charge can still affect school and records. Barbieri Law Firm’s practice is criminal defense. During a consultation, the lawyer will explain what the firm can handle in a juvenile matter.

What the State Must Prove in These Cases

Prosecutors usually build their case around four parts.

• Age. For § 33.021, the minor’s age, or what the sender believed it to be, matters.
• Transmission. For § 21.19, the State must show that the material was sent by electronic means.
• Consent. For § 21.19, the recipient’s request or express consent is a central fact.
• Sexual nature. Texas Penal Code § 21.16 defines “visual material” and “sexual conduct” for its own offense, unlawful disclosure or promotion of intimate visual material (Texas Penal Code § 21.16).

Prosecutors often rely on phone and account records, forensic copies of devices, screenshots, cloud backups, and witness statements. A screenshot may show only part of a conversation. Intent, what the sender believed about age, what was actually sent, and who sent it are often disputed. These facts get close review.

Other image laws can apply too. Possessing or accessing images of a child in sexual conduct falls under Texas Penal Code § 43.26. The grade depends on factors the statute lists, such as the number of images and prior convictions. AI-made or altered images can lead to charges under Texas Penal Code § 21.165. A disclaimer or label saying the image is not real is not a defense under that section.

How a Defense Review Looks at the Evidence

A defense review starts with the full conversation, the devices, the accounts, and what was said to police. Each piece can change how the facts read. Context matters more than a single message.

• The full message history, in order, not only the parts police highlighted.
• Who could access the phone, the account, or shared cloud storage.
• How each image was created, stored, forwarded, or deleted.
• Whether police obtained devices and accounts in a lawful way, since search questions can arise.
• What the person said to police, and when they said it.

A common mistake is deleting messages or apps after learning of an investigation. That step can make the evidence harder to explain later.

In some cases, the court may grant deferred adjudication, which requires the defendant to plead guilty or no contest and then complete community supervision. A dismissal at the end of that supervision is not treated as a conviction, but for a Chapter 62 reportable offense, such as Penal Code § 33.021, sex-offender registration can still be required. Under Texas Code of Criminal Procedure art. 42A.111, a judge may dismiss and discharge a defendant early in some cases. The judge may not do that early for a defendant charged with an offense that requires registration under Chapter 62. The dismissal is generally not treated as a conviction, with an exception the article names. Whether any of these paths is open depends on the specific charge.

Possible defenses depend on the facts, the evidence, and the charge. The lawyer walks through the options after reviewing the evidence.

What to Expect: Steps and Timeline

The process moves from a first meeting to a records review, then to options and court settings. The timeline depends on the court’s schedule and how the case develops.

1. First consultation. You explain what happened and what police have said. The meeting is confidential and has no obligation to continue.
2. Records review. The lawyer reviews the charge, bond conditions, device and account evidence, and any no-contact or protective order terms.
3. Explaining options. The lawyer covers court dates, possible talks with the prosecutor, pretrial steps, and the possibility of trial. You make decisions after you hear the advice.
4. Court settings. The lawyer represents you at each court setting as the case moves forward.

Before you talk with police, victims, or others about the case, it can help to talk with a lawyer first. That gives you time to understand what the evidence shows and what your choices are.

Why Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. The firm defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas.

Heather Barbieri is the lawyer at the firm. Her credential statement is: Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Our team of assistants and office staff supports the practice.

The first consultation is free, confidential, and carries no obligation to continue.

Common Questions About Sexting Charges in Texas