As Texas students return to school, educators and parents face a growing set of legal challenges related to minors’ digital behavior. With widespread smartphone use and constant access to social media and messaging platforms, inappropriate texting and cyberbullying have become increasingly common among school-aged youth.
While these behaviors might seem like momentary adolescent misjudgments, they can carry serious legal and disciplinary consequences—both from school administrators and law enforcement. Understanding the scope of Texas law and school policy is essential for enforcing rules, seeking justice, and protecting victims.
Crimes involving Texas students
One of the most prevalent legal concerns is sexting among minors. Under Texas Penal Code 43.261, it is illegal for a minor to electronically transmit or possess sexually explicit images of another minor, even if the exchange is consensual. Typically, a first offense is charged as a Class C misdemeanor, though it can escalate to higher classes for repeat offenses or if transmitted content was used for harassment or embarrassment. Sexting can also fall under more severe laws, such as those involving child pornography or the non-consensual distribution of intimate images. In cases of sextortion or situations when a minor is dating a legal adult, charges can quickly escalate to felonies under Texas Penal Code 21.16 and 33.021. There are some legal defenses to these types of allegations, including if a person was sent an image they did not solicit and destroyed the image in a reasonable amount of time after receiving the image; or if two minors are in a consensual dating relationship and the content is only shared between the two people. However, with extensive digital footprints, technology hacks, and messy teenage relationships, cases can get complicated and take strange turns very quickly.
Similarly, cyberbullying remains a significant issue that traverses both the educational and legal realms. In 2017, the Texas Legislature passed “David’s Law,” which empowered schools to address cyberbullying both on and off campus through educational practices and anonymous reporting outlets. Cyberbullying is defined as the use of electronic communication to harass, threaten, or harm another student, and under David’s Law, schools are authorized to discipline students if off-campus digital conduct substantially disrupts the educational environment. While school discipline policies are designed to intervene early in cyberbullying cases, criminal charges for misdemeanor harassment or even felony manslaughter can be filed.
How can Texas schools respond
Texas schools have robust authority under the Education Code Chapter 37 to manage student discipline. Each district must maintain a Student Code of Conduct that outlines specific procedure and consequences for bullying, harassment, and other forms of misconduct. Depending on the severity of the behavior, disciplinary actions may include in-school suspension, placement in a Disciplinary Alternative Education Program (DAEP), or even expulsion. Schools may investigate the circumstances of cases involving harassment and notify the parents or guardians of the involved students, as well as law enforcement for further investigation and prosecution.
When law enforcement enters the picture
Although schools are not required to escalate every instance of sexting, cyberbullying, or other forms of harassment to law enforcement, they often do when a law appears to have been broken, especially in cases involving threats, coercion, or the non-consensual distribution of intimate images. School Resource Officers (SROs), who are embedded in many Texas campuses, play a pivotal role in investigating such incidents and are legitimately sworn-in members of law enforcement. This intermediary role of school officer and law enforcement officer allows efficient investigation of cyberbullying and sexting cases in educational venues, and these SROs do have the authority to place students under arrest if a law has allegedly been violated.
For example, if a student sends an explicit image to a peer and it remains private, the school might handle it internally with suspension or DAEP placement, along with parent involvement and educational support. However, if that image is shared with others or if coercion was involved, the incident could be referred to local law enforcement, triggering possible misdemeanor or felony charges. In a cyberbullying case, a student who sends harassing messages to a classmate could be disciplined by the school, but if the messages include threats or lead to documented emotional harm, police may intervene and the student could face criminal charges.
Early intervention, education, and clear communication
Parents should stay engaged with their children’s digital lives and be aware of their school’s code of conduct. Schools should maintain informative training for students and educators about warning signs of misconduct and proper response mechanisms. Clear reporting systems and adequate support resources should always be available for students affected by bullying or digital exploitation. Ultimately, law enforcement, educators, and families need to collaborate to ensure students understand both the legal risks and the ethical importance of responsible digital behavior.
Have a case involving harassment, transmission of inappropriate content, or another crime involving students? LaHood Norton Law Group employs former prosecutors who have extensive knowledge of both sides of the courtroom in order to best assist clients. Because convictions for cyberbullying, sexting, and similar allegations can have lifelong consequences, anyone who feels they are wrongly accused is advised to contact an attorney at LaHood Norton Law Group for representation.
This article is sponsored by LaHood Norton Law Group. The content within the article is educational in nature and should not be considered official legal advice.
