Sexting which is sending sexually explicit messages, images, or videos via text message, social media, or other electronic platforms is commonplace in modern relationships. But in Texas, sexting can cross the line into criminal conduct far more easily than most people realize. Depending on the ages of the people involved, the nature of the content, and how it was transmitted, sexting can result in charges ranging from a Class C misdemeanor to a second-degree felony carrying up to 20 years in prison.
At Deandra Grant Law, Attorney Douglas Huff has handled cases involving electronic sexual communication, online solicitation charges, and related offenses. Doug understands that these cases often involve conduct that the accused person never imagined could be criminal and that the consequences are disproportionately severe.
Adult-to-Adult Sexting
When both parties are adults (18 or older) and the communication is consensual, sexting is generally legal in Texas. However, there are exceptions:
- Non-consensual distribution. Sharing intimate images of another person without their consent which is commonly known as “revenge porn” is a criminal offense under Texas Penal Code §21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material). A first offense is a state jail felony carrying 180 days to 2 years.
- Obscenity to minors. An adult who sends sexually explicit material to a minor, even unintentionally through a group chat or shared platform, can face charges.
- Harassment or stalking. Repeated unwanted sexual communications can constitute criminal harassment or stalking.
Adult-to-Minor Sexting: Online Solicitation
The most serious sexting-related offense in Texas is online solicitation of a minor under Texas Penal Code §33.021. This statute makes it a crime for a person 17 or older to communicate in a “sexually explicit” manner with a minor under 17 via electronic means, or to distribute sexually explicit material to a minor under 17.
The penalties are severe:
- Sexually explicit communication with a minor under 17: Third-degree felony (2–10 years)
- Solicitation to meet a minor under 17 for sexual contact: Second-degree felony (2–20 years)
- Solicitation to meet a minor under 14 for sexual contact: First-degree felony (5–99 years or life)
Critical point: these charges apply even when the “minor” is actually an undercover law enforcement officer posing as a minor in an online sting operation. Texas courts have upheld convictions where the defendant believed they were communicating with a minor, regardless of the actual identity of the other party.
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Minor-to-Minor Sexting
Texas recognizes that sexting among minors has become widespread and passed a specific statute (Texas Penal Code §43.261) to address it. A minor who electronically sends a visual image of themselves engaging in sexual conduct to another minor commits a Class C misdemeanor for a first offense (fine only, no jail) or a Class A misdemeanor for subsequent offenses.
However, if a minor possesses or distributes sexually explicit images of another minor, the charges can escalate to felony CSAM offenses under §43.26, which carry far more severe penalties. Parents should be aware that what their teenager considers normal behavior can result in felony charges with sex offender registration.
Sting Operations and Entrapment
A significant number of online solicitation cases in Texas arise from law enforcement sting operations in which undercover officers pose as minors on dating apps, social media platforms, and chat rooms. Doug Huff evaluates every sting case for entrapment issues, i.e. whether the government induced the defendant to commit an offense they were not predisposed to commit. Texas recognizes the entrapment defense, and Doug has the experience to identify cases where law enforcement crossed the line from investigation into inducement.
Contact Deandra Grant Law
If you or someone you love is facing a sex crime accusation in Texas, contact Deandra Grant Law for a free, confidential consultation with Attorney Douglas Huff. Doug is a Partner at Deandra Grant Law and a senior trial attorney who has defended clients against sexual assault allegations, violent felonies, and other serious criminal charges throughout his career. He has been recognized as a published author and national lecturer on criminal defense strategy.
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