Texas Sexting Laws and Penalties

May 13, 2015

Section 43.21 of the Texas Penal Code deals with obscenity, defining obscene material as being something that “the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex,” It can also be “representations or descriptions” of:

  • Sex acts
  • Simulated sex acts
  • Sodomy
  • Beastiality
  • Lewd exhibition of the genitals
  • Sexual devices that simulate sex organs

To prevent the spread of obscene material, Texas has enacted strict rules against “sexting”, which is the act of sending sexually-explicit material via cell phone.