Obscene Display or Distribution: Texas Penal Code §43.22

The Texas Obscene Display or Distribution law gives police the right to arrest you if they believe you displayed or distributed an obscene photograph, drawing or other visual material in a way that is reckless about whether a person was present who would be offended or alarmed.

The Texas legislature codified this criminal offense in Texas Penal Code Section 43.22. The legislature did not update this law in 2023. In fact, this law has not been amended since 1993.

The Penal Code codifies the Texas Obscene Display or Distribution 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 Obscene Display or Distribution below.

What is the current Texas law about Obscene Display or Distribution?

The current Texas law defines the offense of Obscene Display or Distribution in Penal Code Section §43.22 as follows:^[1]

(a) A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

The legislature defined “obscene” in Texas Penal Code Section 43.21(a)(1). The same definition is used for all other crimes in the “Obscenty” subchapter, Subchapter B of Chapter 42, including the Texas offense of Obscenity.

How can I be charged with an Obscene Display or Distribution offense in Texas?

You can be charged with Obscene Display or Distribution in Texas if the state’s attorneys believe that each of the elements of 43.22(a) as described in the section above have been met.

What is the statute of limitation for Obscene Display or Distribution in Texas?

As a misdemeanor, Obscene Display or Distribution charges have a two-year limitations period.^[2]

What is the penalty for a Texas Obscene Display or Distribution offense?

A conviction for Obscene Display or Distribution in Texas is punished as a Class C Misedemeanor,^[3] with a maximum possible fine under Texas state law of up to $500. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Obscene Display or Distribution in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Obscene Display or Distribution, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Do I have to register as a sex offender in Texas if guilty of Obscene Display or Distribution?

The Obscene Display or Distribution offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[5]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Obscene Display or Distribution 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 Obscene Display or Distribution in Texas?

The Penal Code classifies Obscene Display or Distribution as a Class C misdemeanor.

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

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Legal References:

^1. Texas Penal Code §43.22. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §43.22(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Code of Criminal Procedure, Article 62.001