Unlawful Electronic Transmission of Sexually Explicit Visual Material: Texas Penal Code §21.19

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 Texas legislature codified this criminal offense in Texas Penal Code Section 21.19. The law was not updated in 2023. In fact, this law has not been amended since it was enacted in 2019.

The Penal Code classifies the Texas Unlawful Electronic Transmission of Sexually Explicit Visual Material law under Title 5 “Offenses Against the Person,” Chapter 21 “Sexual Offenses.” Learn more about the Texas offense of Unlawful Electronic Transmission of Sexually Explicit Visual Material below.

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

Texas law currently 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 an Unlawful Electronic Transmission of Sexually Explicit Visual Material offense in Texas?

You can be charged with Unlawful Electronic Transmission of Sexually Explicit Visual Material in Texas 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 statute of limitation for Unlawful Electronic Transmission of Sexually Explicit Visual Material in Texas?

As a misdemeanor, Unlawful Electronic Transmission of Sexually Explicit Visual Material charges have a two-year limitations period.^[2]

What is the penalty for a Texas Unlawful Electronic Transmission of Sexually Explicit Visual Material offense?

The offense is classified a Class C Misdemeanor, punishable by a fine up to $500. ^[3]

Can you get probation for Unlawful Electronic Transmission of Sexually Explicit Visual Material in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unlawful Electronic Transmission of Sexually Explicit Visual Material, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that 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.^[5]

Do I have to register as a sex offender in Texas if guilty of Unlawful Electronic Transmission of Sexually Explicit Visual Material?

The Unlawful Electronic Transmission of Sexually Explicit Visual Material offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[6]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Unlawful Electronic Transmission of Sexually Explicit Visual Material 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 Unlawful Electronic Transmission of Sexually Explicit Visual Material in Texas?

The Penal Code classifies the punishment for Unlawful Electronic Transmission of Sexually Explicit Visual Material 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 §21.19. This law is current as of 2024.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §21.19(c), as enacted by HB 2789, 86th Legislature (RS), Section 1^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure^6. Code of Criminal Procedure, Article 62.001