The Texas Unlawful Electronic Transmission of Sexually Explicit Visual Material law prohibits sending lewd photos to people without their consent.

After a series of high-profile incidents involving people sending nude photos to others without their permission, the legislature created this offense in 2019. The law was not changed in either of the 2021 or 2023 legislative sessions.

The law became effective on September 1, 2019. Learn more detailed information about the Unlawful Electronic Transmission of Sexually Explicit Visual Material offense below.

What is the current Texas law on Unlawful Electronic Transmission of Sexually Explicit Visual Material?

The current Texas law defines the offense of Unlawful Electronic Transmission of Sexually Explicit Visual Material in Penal Code Section §21.19 as follows:^[1]

(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:

(1) depicts:

(A) any person engaging in sexual conduct or with the person’s intimate parts exposed; or

(B) covered genitals of a male person that are in a discernibly turgid state; and

(2) is not sent at the request of or with the express consent of the recipient.

How can I be charged with Unlawful Electronic Transmission of Sexually Explicit Visual Material?

You can be charged with Unlawful Electronic Transmission of Sexually Explicit Visual Material if the state’s attorneys believe that each of the elements 21.19, as described in the section above, have been met.

What is the punishment range for Unlawful Electronic Transmission of Sexually Explicit Visual Material?

The offense is classified a Class C Misdemeanor, punishable by a fine up to $500. ^[2]

Is this a registrable offense?

This offense is not on the list of reportable offenses in Chapter 62, Texas Code of Criminal Procedure.

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Legal References:

^1. Texas Penal Code §21.19^2. Texas Penal Code §21.19(c), as enacted by HB 2789, 86th Legislature (RS), Section 1