{"id":3401,"date":"2026-10-25T10:26:55","date_gmt":"2026-10-25T10:26:55","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/guides-child-sex-crime-charges-texas\/guides-can-text-or-photo-be-indecency-with-child-texas\/"},"modified":"2026-11-02T02:35:55","modified_gmt":"2026-11-02T02:35:55","slug":"guides-can-text-or-photo-be-indecency-with-child-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/guides-child-sex-crime-charges-texas\/guides-can-text-or-photo-be-indecency-with-child-texas\/","title":{"rendered":"Can a Text or Photo Be Indecency With a Child in Texas?"},"content":{"rendered":"\n
<\/span>\"Secured
\n

Child Sex Crimes Defense | Frisco, Texas<\/p>

When a Text or Photo Is Charged as Indecency With a Child<\/h1>

How Texas law looks at messages and images, why intent matters, and how Barbieri Law Firm reviews these cases in Collin County and across Texas.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Heather Barbieri \u00b7 Published October 25, 2026<\/p>\n\n

\n\n\n

Can a text or photo be indecency with a child in Texas? Sometimes. A text or photo can support a charge under a Texas statute, but only when the conduct meets that statute’s elements. A minor being involved is not enough by itself. Many message and image cases are charged under other Texas laws, so the facts and the charge matter most. This guide explains the elements, the related statutes, and what a device review usually involves. It does not predict how any case will end.<\/p>\n

Short Answer: When Can a Text or Photo Fall Under Indecency With a Child?<\/h2>\n

A text or photo falls under indecency with a child only when it fits the conduct listed in \u00a7 21.11<\/a>. The statute covers a child younger than 17. It covers sexual contact with the child, or causing the child to have sexual contact. It also covers certain exposure of the body, and causing the child to expose the body. Each act must be done with intent to arouse or gratify sexual desire.<\/p>\n

Words and pictures are evidence. They can show what a person intended. But the State still has to prove each element of the charged offense. A message that is inappropriate is not always a crime under this statute. A message that describes or depicts a listed act may raise different questions. How the State reads the facts decides which statute, if any, applies. Our firm’s child sex crimes defense page covers the wider Texas framework.<\/p>\n\n

\n

If a text thread or photo has come to your attention and you feel lost, you don't have to sort it out alone. Call Barbieri Law Firm or send your case details for a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Close-up<\/figure>\n

What Penal Code 21.11 Requires the State to Prove<\/h2>\n

Start with the age rule. Section 21.11(a) applies to a child younger than 17, and it applies whether or not the person knows the child’s age at the time of the offense.<\/p>\n

Next, identify the subsection charged. Subsection (a)(1) covers sexual contact with a child, or causing a child to engage in sexual contact. Subsection (a) of Texas Penal Code \u00a7 21.11<\/a> has a paragraph (2) that lists alternative forms of conduct, labeled (A) and (B). In the first, the person exposes the anus or genitals while knowing the child is present, with intent to arouse or gratify sexual desire. In the second, the person causes the child to expose the child’s anus or genitals.<\/p>\n

The word “present” in the exposure subsection matters. The State must prove that the accused knew the child was present when the exposure happened. The facts of each exchange decide whether this element is in play. Because the subsections differ, a single text or photo can fit one subsection and not another. Read the charging language closely.<\/p>\n

How Intent and the Child’s Age Are Proved<\/h2>\n

Prosecutors look at the words used in messages. They look at stated ages in profiles or conversations, the timing of exchanges, and any statements the person made. A stated age is weighed against the rest of the record.<\/p>\n

Section 21.11 treats the child’s age differently than many people expect. The statute says the offense applies “regardless of whether the person knows the age of the child at the time of the offense.” So under \u00a7 21.11<\/a>, a claim that the person did not know the child’s age is not an element the State must disprove. The statute puts it that way for this offense.<\/p>\n

Other statutes use a different standard. Section 43.26, covered below, asks whether the person knew or should have known the depiction showed a child younger than 18. Keep the two standards apart when reading any charge.<\/p>\n

Intent remains a key question under \u00a7 21.11<\/a>. Section 21.11(c) defines sexual contact as any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or any touching of any part of the body of a child with those body parts of a person, committed with intent to arouse or gratify sexual desire. Context, wording, and timing often shape how the State argues intent. The defense examines the same evidence closely.<\/p>\n

Sexting Between Minors Under Texas Law<\/h2>\n

Some text and photo cases fall under statutes other than \u00a7 21.11<\/a>. Section 43.261<\/a> covers a minor who intentionally or knowingly sends another minor, by electronic means, visual material of a minor engaging in sexual conduct, if the actor produced it or knows another minor produced it. Subsection (b)(2) separately covers possessing that material in electronic form under the same production or knowledge condition.<\/p>\n

The grading is misdemeanor-based. Under \u00a7 43.261(c)<\/a>, a promotion offense under (b)(1) is a Class C misdemeanor. It rises to a Class B misdemeanor in listed situations, such as promotion with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend. Possession under (b)(2) is a Class C misdemeanor, and it rises after prior convictions under the section.<\/p>\n

Section 43.261 also contains defenses. Under \u00a7 43.261(e)<\/a>, an affirmative defense exists when the material shows only the actor, or another minor who is either within two years of the actor’s age and in a dating relationship with the actor, or who was the actor’s spouse. The material must also have been shared only between those two minors. Section 43.261(f) gives a defense to possession under (b)(2) if the actor did not produce or solicit the visual material, possessed it only after receiving it from another minor, and destroyed it within a reasonable amount of time after receiving it.<\/p>\n

Section 43.26<\/a> covers possession or promotion of child pornography. It is a separate statute with its own felony grades. Those grades depend on factors such as the number of depictions and the age of the child shown. Under \u00a7 43.26(f)(1)<\/a>, the State does not have to prove the identity of the child in the depiction for certain prosecutions.<\/p>\n

How Phones, Accounts and Message Histories Are Reviewed<\/h2>\n

In device-based cases, a review usually covers more than one screen. It may include message threads, saved images, timestamps, and file metadata. Cloud backups and deleted items can also matter. Each item needs to be tied to the phone or account at issue, and to the person who used it.<\/p>\n

Access questions matter. Who had the device? Which accounts were signed in? Was a message sent from the device being examined, or from another one? An extraction report is a summary. A careful review checks that summary against the original device and the source data. It also asks what the State must show to link a specific message or image to the accused.<\/p>\n

Some practical points help. Do not delete, edit, or resend anything from the device or account. Do not try to recover content on your own. Keep the phone and passwords as they are. Preserving the device in its current state is part of an orderly review. Child forensic interviews also follow standards. The OJJDP child forensic interview guidance<\/a> describes avoiding repeated questioning and using open-ended questions. That guidance helps explain how a child’s account may be taken, and how it may be tested later.<\/p>\n

Penalties and Collateral Consequences<\/h2>\n

The penalty depends on the subsection or statute charged. Under \u00a7 21.11(d)<\/a>, an offense under (a)(1) is a second-degree felony. An offense under (a)(2) is a third-degree felony. The felony grade sets the range of punishment.<\/p>\n

Misdemeanor grades apply under \u00a7 43.261<\/a>, as covered above. Felony grades under \u00a7 43.26<\/a> depend on the facts that the State must prove in each case. Do not rely on a summary of a penalty range.<\/p>\n

Collateral consequences can also matter. Sex offender registration rules in Texas are tied to such definitions. Employment, housing, and family matters can also be affected by a charge or conviction. We cannot predict which of these will apply to any person.<\/p>\n\n

\n

Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

What Happens Next: Charges, Plea Offers and Indictments<\/h2>\n

An arrest and a formal charge are different steps. A case can move from investigation to charge, and later to an indictment or a plea discussion. Each stage depends on the evidence and the charge involved. Timing and procedure also vary by county.<\/p>\n

If a plea offer is made, review it with care. Look at the charge, the grade, and any registration or other consequences. Ask what evidence supports the charge. Ask what the State must still prove. These questions help a person make an informed decision.<\/p>\n

Please note that the steps in any case depend on its facts. A text thread and a device search can lead to different paths. Early review of the evidence helps clarify the next steps.<\/p>\n\n

\"Close-up<\/figure>\n

Talk Through Your Situation With Our Firm<\/h2>\n

If you learned that a text thread, photo, or phone involving a child is part of an investigation, you may feel uncertain about what comes next. Police contact, a seized device, or a message you do not remember sending can be stressful. You do not have to face those questions alone.<\/p>\n

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. Heather Barbieri leads the firm, which represents people accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth, and across Texas. We will review the messages, images, and device evidence in your case, and explain your options. Our initial consultation is free, confidential, and without obligation to continue. You can call (972) 424-1902 or send your case details<\/a> to start. We cannot predict how any case will end.<\/p>\n

Frequently asked questions<\/h3>
Is any text involving a minor indecency with a child in Texas?<\/summary>

No. The conduct must meet the elements of the Texas indecency with a child statute, which covers listed acts with intent to arouse or gratify sexual desire.<\/p><\/details>

Does \u00a7 21.11<\/a> require the State to prove the person knew the child’s age?<\/summary>

No. The statute says it applies regardless of whether the person knows the child’s age at the time of the offense.<\/p><\/details>

Can teens be charged for sending explicit images in Texas?<\/summary>

Possibly. Section 43.261 covers certain electronic promotion and possession of such material between minors, and its grading and defenses are set out in the statute.<\/p><\/details>

Where can I report explicit images of a minor?<\/summary>

The NCMEC explicit content guidance<\/a> explains how to report images of minors and seek removal.<\/p>

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.<\/p><\/details><\/article>\n