Can You Be Arrested For Texting Explicit Images In Texas? (Sexting & The Law)

Can You Be Arrested For Texting Explicit Images In Texas? (Sexting & The Law)

At Mark Diaz & Associates, we know that one text message can change your life. In today’s digital world, sending or receiving explicit images, often called “sexting,” is common among adults and teens. But what many people do not realize is that Texas law treats certain forms of sexting as a serious crime. Depending on the circumstances, a single image sent from your phone can lead to criminal charges, arrest, and life-altering consequences. We have seen firsthand how quickly these cases escalate, and we want you to understand the risks and your rights under Texas law.

Texas does not have one simple “sexting law.” Instead, prosecutors may charge sexting-related behavior under a variety of criminal statutes, including laws on child pornography, harassment, and even obscenity. In some cases, adults can face felony charges for sending sexual images to a minor, and teens can face prosecution for sharing images of themselves or others. The legal landscape is complicated, and mistakes in judgment or misunderstandings can result in arrests that leave permanent marks on a person’s record.

How Sexting Can Lead To Criminal Charges In Texas

Sexting between consenting adults is generally not illegal in Texas. Problems arise when:

• One of the individuals is under 18 years old.
• The image is considered obscene or lewd under Texas law.
• Images are shared without the other person’s consent.
• There is evidence of coercion, threats, or harassment.

Under Texas Penal Code § 21.16, it is a crime to send intimate images without the recipient’s consent, often called “unlawful disclosure or promotion of intimate visual material.” This is typically charged as a state jail felony, punishable by up to two years in a state jail facility and fines up to $10,000.

If a minor is involved, prosecutors may pursue charges under Texas Penal Code § 43.26, which makes possession or promotion of child pornography a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. Even if a minor willingly sends an explicit image of themselves, adults who receive or forward that image can face child pornography charges.

Sexting And Juvenile Offenders

Texas law recognizes that teens often share explicit images without understanding the consequences. Under Texas Penal Code § 43.261, a minor under 18 who sends or possesses explicit images may face a Class C misdemeanor in limited situations, often with mandatory education or counseling. However, if images are shared, depict younger children, or are distributed broadly, charges can escalate to felonies under child pornography laws.”

In some juvenile sexting cases, registration as a sex offender is possible, especially if the case escalates into child pornography charges. Courts have some discretion, but the consequences can still be severe. We work aggressively to defend minors in these cases and to keep them out of the adult criminal system.

How Sexting Can Lead To Arrests

Law enforcement in Texas treats sexting allegations seriously, especially when minors are involved. Investigations often start when:

• A parent discovers messages on a phone and reports it to the police.
• A school administrator learns of shared explicit images.
• A recipient reports non-consensual or threatening messages.

Police can obtain search warrants for phones and social media accounts. Once images are found, arrests often follow quickly. Many clients come to us shocked at how fast a private text conversation turns into criminal prosecution.

Possible Defenses To Sexting Charges

Not every accusation leads to a conviction. We examine every angle of your case to find defenses that protect your rights. Possible defenses include:

• Lack of Intent – The state must prove you knowingly sent or possessed illegal images.
• Illegal Search And Seizure – If law enforcement obtained evidence without a valid warrant, we can fight to suppress it.

Our goal is to dismantle weak evidence, challenge improper police procedures, and push for dismissals or reduced charges.

Consequences Of Sexting Arrests In Texas

Convictions for sexting-related charges can lead to:

• Felony records that cannot be sealed or expunged.
• Mandatory sex offender registration for certain offenses.
• Jail or prison time, probation, and heavy fines.
• Damage to your personal reputation, career, and family relationships.

The stakes are high, and you need experienced defense lawyers who understand how Texas prosecutors build these cases.

Frequently Asked Questions About Sexting And Texas Law

Can I Be Arrested For Sexting Another Adult In Texas?

Generally, consensual sexting between adults is not illegal. However, if you send intimate images without the other person’s consent or share them publicly, you could face felony charges under Texas Penal Code § 21.16.

What If The Other Person Lied About Their Age?

If a minor misrepresents their age online and you send explicit images, you can still face charges. Each case depends on its specific facts, and we carefully analyze all communications and circumstances.

Can A Teenager Face Charges For Sexting Another Teenager?

Yes. Texas law allows the prosecution of minors for sending or receiving explicit images. Under Texas Penal Code § 43.261, this can be a Class C misdemeanor, but if images are shared or involve younger minors, charges can escalate to felonies under child pornography laws.

Will I Have To Register As A Sex Offender?

Certain convictions, particularly those under Texas Penal Code § 43.26 related to child pornography, require sex offender registration. This can be a lifetime requirement. Avoiding this outcome is one of our top priorities when defending sexting cases if it is at all possible.

What Should I Do If Police Contact Me About Sexting Allegations?

Do not speak to police without a lawyer present. Anything you say can be used against you. Call an experienced criminal defense attorney immediately to protect your rights and guide you through the investigation.

Can Images On My Phone Be Used As Evidence Against Me?

Yes. Police can seize phones and computers with a warrant and use recovered images as evidence. We examine whether searches were lawful and challenge any violations of your Fourth Amendment rights.

How Can A Lawyer Help In A Sexting Case?

We provide aggressive defense by investigating the allegations, reviewing search warrants, questioning the reliability of digital evidence, and negotiating with prosecutors. In many cases, we can avoid charges, reduce penalties, or secure dismissals through strategic defense tactics.

What Are The Penalties For Sexting Involving A Minor?

Penalties vary from Class C misdemeanors for minors to second-degree or even first-degree felonies for adults who share explicit images of minors. Sentences can include fines, probation, years in prison, and mandatory sex offender registration.

Can I Be Charged Even If I Never Sent The Image?

Possession of illegal images alone can result in charges under Texas Penal Code § 43.26. Simply having explicit images of a minor on your device can lead to serious felony prosecution.

Is It Possible To Seal Or Expunge A Sexting Conviction In Texas?

Some misdemeanor juvenile cases can be sealed. However, felony convictions for child pornography or unlawful image disclosure are almost never eligible for expungement or sealing. This makes it critical to fight charges from the start.

Call Mark Diaz & Associates For Aggressive Defense In Sexting Cases

At Mark Diaz & Associates, we know how devastating a sexting accusation can be. We fight hard to protect your reputation, your freedom, and your future. Our attorneys have extensive experience challenging digital evidence and exposing weaknesses in prosecution cases.

If you are under investigation or have been arrested for texting explicit images, do not wait. Contact our Texas sexting attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We defend clients in Galveston, Houston, and throughout Texas, providing strong, strategic representation when your future is on the line.