Possession or Promotion of Child Pornography

Sec. 43.26.  POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.  (a)  A person commits an offense if:

(1)  the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct;  and

(2)  the person knows that the material depicts the child as described by Subdivision (1).

(b)  In this section:

(1)  “Promote” has the meaning assigned by Section 43.25.

(2)  “Sexual conduct” has the meaning assigned by Section 43.25.

(3)  “Visual material” means:

(A)  any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide;  or

(B)  any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

(c)  The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.

(d)  An offense under Subsection (a) is a felony of the third degree.

(e)  A person commits an offense if:

(1)  the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1);  and

(2)  the person knows that the material depicts the child as described by Subsection (a)(1).

(f)  A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

(g)  An offense under Subsection (e) is a felony of the second degree.

(h)  It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:

(1)  possessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;

(2)  allowed other law enforcement or school administrative personnel to access the material only as appropriate based on the allegation described by Subdivision (1); and

(3)  took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).

Added by Acts 1985, 69th Leg., ch. 530, Sec. 2, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 361, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 968, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 14.51, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 933, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1415, Sec. 22(c), eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 2, eff. September 1, 2011.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.43.htm