Sale, Distribution, or Display of Harmful Material to Minor: Texas Penal Code §43.24

The Texas Sale, Distribution, or Display of Harmful Material to Minor law gives police the right to arrest you if they believe you sold, exhibited, or displayed “harmful material” to a minor (or hired a child to help you do this), or if you displayed “harmful material” and were reckless about whether a minor was present who would be offended or alarmed by the display.

This is the law that has historically prohibited selling “skin mags” to children in attempt to shield them from pornogrpahy. Although there are now much fewer (if any) places that sell these magazines anymore, the law does not necessarily limit its application to print magazaines. It could also apply to internet websites.

The Texas legislature codified this criminal offense in Texas Penal Code Section 43.24. The legislature did not update this law in 2023. In fact, this law has not been amended since 2011.

The Penal Code codifies the Texas Sale, Distribution, or Display of Harmful Material to Minor law under Title 9 “Offenses Against Public Order and Decency,” Chapter 43 “Public Indecency.” These “public indecency” crimes are sex crimes, but they are not of a violent or assaultive nature. Learn more about the Texas offense of Sale, Distribution, or Display of Harmful Material to Minor below.

What is the current Texas law about Sale, Distribution, or Display of Harmful Material to Minor?

The current Texas law defines the offense of Sale, Distribution, or Display of Harmful Material to Minor in Penal Code Section §43.24 as follows:^[1]

(b) A person commits an offense if, knowing that the material is harmful:

(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;

(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or

(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).

The law does not require you to have sold “harmful” material to children – you can be convicted of this offense under subsection (b)(2) if the state’s lawyers prove to a jury that you were “reckless” about whether a minor is present who would be alarmed by the display. Note that this recklessness subsection requires not just a minor to be present but also a minor who would be alarmed or offended.

THe term “harmful material” is a defined term under this statute.

This law does not address adults who might be offended. “Minor” for the purposes of this law is anyone under 18 years old.^[2]

What is harmful material under this law?

The statute defines “harmful material” as “material whose dominant theme taken as a whole: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors.”^[3] For the material to be harmful, it must simultaneously meet all three of these criteria.

How can I be charged with a Sale, Distribution, or Display of Harmful Material to Minor offense in Texas?

You can be charged with Sale, Distribution, or Display of Harmful Material to Minor in Texas if the state’s attorneys believe that you have met each of the elements in 43.24(b)(1),(2) or (3), as described in the section above, have been met.

What is the statute of limitation for Sale, Distribution, or Display of Harmful Material to Minor in Texas?

Misdemeanor level Sale, Distribution, or Display of Harmful Material to Minor charges have a two-year limitations period.^[4] Felony level offenses have a three-year limitations period.^[5]

What is the penalty for a Texas Sale, Distribution, or Display of Harmful Material to Minor offense?

A conviction for Sale, Distribution, or Display of Harmful Material to Minor in Texas is punished as a Class A Misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. However, a conviction for Sale, Distribution, or Display of Harmful Material to Minor under subsection(b)(3) (that’s the section that addresses hiring a minor to commit the offense) can be punished as a Felony of the third degree ^[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Sale, Distribution, or Display of Harmful Material to Minor in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Sale, Distribution, or Display of Harmful Material to Minor, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[10]

Do I have to register as a sex offender in Texas if guilty of Sale, Distribution, or Display of Harmful Material to Minor?

The Sale, Distribution, or Display of Harmful Material to Minor offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[11]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Sale, Distribution, or Display of Harmful Material to Minor would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Sale, Distribution, or Display of Harmful Material to Minor in Texas?

The Penal Code classifies Sale, Distribution, or Display of Harmful Material to Minor as either a Class A misdemeanor or a third degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §43.24. This law is current as of the 88th Legislature Regular Session.^2. Texas Penal Code Section 43.24(a)(1)^3. Texas Penal Code §43.24(a)(2)^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §43.24(d)^7. Texas Penal Code §43.24(d)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure^11. Code of Criminal Procedure, Article 62.001