Cofer Luster Criminal Defense Lawyers | May 9, 2025 | Criminal Defense

Sexting Laws in Texas

Sexting means sending text messages, pictures, or videos of a sexual nature, usually with a phone or computer. This kind of messaging has become common, especially among teenagers and young adults. While some see it as solely a private matter, Texas law takes sexting very seriously, especially if it involves anyone under 18. 

Both minors and adults can face criminal charges and become defendants if they create, share, or keep explicit images or videos of minors, even when everyone involved is a minor and the messages were shared willingly. 

Elements of Sexting Charges

To be convicted under Texas sexting laws, a person must knowingly send or have a sexual image or video that involves a minor. The law says a “minor” is anyone under 18 years old. As long as the content is sexual and involves someone under 18, both sending and simply having the image or video can lead to criminal charges. 

Minors Can Be Charged for Sexting Other Minors

In Texas, minors can face criminal charges for sexting, even if both the sender and receiver are under 18. The law does not excuse the behavior just because everyone involved is a minor. If a teenager sends, receives, or keeps a sexual image or video of another minor, that can be enough for a criminal case. It does not matter if the images were shared willingly or as part of a relationship. 

Sexting Penalties in Texas

Penalties for sexting in Texas can range from a simple fine to serious jail time and, in some cases, felony charges.

For many first offenses, sexting is treated as a class C misdemeanor, which means you could pay up to $500 in fines. 

If a minor sends sexually explicit images to hurt, threaten, embarrass, or upset someone, a court may increase the charge to a class B misdemeanor. That can result in up to 180 days in jail and up to $2,000 in fines. 

If someone is caught doing this again or has more than one offense, it can go up to a class A misdemeanor, which means as much as a year in jail and a $4,000 fine.

Penalties for Felony Charges – Child Pornography 

In some cases, the charges can be much worse. If you are over 18, then the prosecutor may be more likely to charge you with felony charges of child pornography. These crimes carry serious prison time and heavy fines. 

For a first-time child pornography conviction, the sentence can be 2 to 10 years in prison and a fine of up to $10,000. 

A second offense can result in 2 to 20 years behind bars and the same fine. 

If it happens again, the law treats it as a first-degree felony, and someone could face 5 years to life in prison, plus a $10,000 fine. Prosecutors can choose these harsh charges depending on the facts of the case and the ages of everyone involved.

Defenses to Sexing Charges in Texas 

If you’re facing sexting charges in Texas, there are several defenses that might apply. 

This could include: 

  • Lack of Intent: Sometimes inappropriate images or messages are sent by accident or without the sender knowing what the content contains. Showing there was no intent to break the law can be a strong defense. 
  • Mistaken Identity or No Possession: If you didn’t actually send, receive, or have control over the explicit material, your lawyer can argue there’s not enough evidence tying you to the alleged sexting offense.
  • Not a Minor: If the person in the photo or video is not a minor and the images were sent willingly, sexting charges should not stick.

If you have questions or need help with a sexting or related charge, contact us today to schedule a consultation with a criminal defense lawyer.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102