UPDATED: August 20, 2025
Did you know that teen “sexting” of explicit images on social media is legally deemed a child pornography felony in 23 states, according to a new study in the May 2019 issue of Pediatrics?
Indeed, some states’ sexting laws call for 20-year prison terms and sex-offender registration.
The 23 states which make sexting a crime include Texas — but only up to a point.
What is illegal sexting in Texas?
This sex crime involves electronic transmission of sexual images of children, or minors, under 18 years of age.
But there are exceptions to Texas laws banning teen sexting.
Under Texas sexting laws, two people will not be prosecuted for sexting if:
- the sender and recipient of the sexting were the only ones involved
- if the two persons were in a dating relationship, or
- if the two persons were not more than two years apart in age (including if one party was 18 or older).
In some ways similar to so-called Romeo and Juliet laws allowing consensual sex among underage teens, these provisions protect two teens who are sexting only each other and no one else.
That said, in general it is a Class C misdemeanor for teens to send or receive sexts in Texas. Punishment is a fine of up to $200 for a first offense.
On the other hand, if an adult more than two years older than the sender or recipient is involved in sexting, that is a felony crime under Texas child porn law (Texas Penal Code Section 43.24). Such adults could be prosecuted for distributing sexual images to a minor, for promoting sexual performance by a minor and for distributing or possessing child pornography.
Also, if anyone of any age sends sexual images to bully or harass a recipient, then that would be considered a Class B misdemeanor.
New sexting study
Released April 15, the new study in Pediatrics, entitled “Teenagers, Sexting & the Law,” focuses on teen sexting and various states’ sexting laws. The study responds to the explosion in teen sexting in recent years.
The article summarized 39 earlier studies involving 110,380 subjects. Of those, more than one fourth of teens (27.4 percent) had received a sext, and 14.8 percent had sent a sext.
Those involved didn’t vary greatly by gender, but they did vary by age, with higher levels of sexting among teens as they moved on through their adolescence.
The article says some experts have concluded teen sexting is a modern form of flirting. Perhaps with such a viewpoint, 27 states have passed laws which essentially decriminalize teens’ sexting among themselves.
In other states, including Texas, teen sexting can be a felony for which a teen sexter can be both an offender and a victim.
Also, some federal laws ban some forms of sexting, and parents can be prosecuted as well for their child’s sexting. And, of course, adults engaged in sexting with teens can face harsh penalties, as in the case of disgraced former New York congressman Anthony Weiner.
The article’s authors conclude that consensual teen sexting without involuntary forwarding, coercion, extortion or involvement of adults is more properly handled by families, schools and healthcare professionals rather than by law enforcement.
The study concludes:
“Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. Separating consensual sexting from nonconsensual sexting and actual child pornography is a critical next step for law enforcement agencies and policy makers to catch up to technology.”
Given the possible penalties and punishments for sexting in Texas, your sexting case needs Houston’s best sex crime defense lawyer.
If someone in your family faces a sexting charge in Houston, Harris County, Fort Bend County or Montgomery County, contact an experienced sexting lawyer or sex crime defense attorney at the Neal Davis Law Firm at once. Contact us today, and we’ll quickly provide you with legal advice on how to proceed.
