These days, nearly everyone has a smartphone, and it’s common for people to spend hours each day browsing online, scrolling through social media, or sending messages. One of the most appealing features of smartphones is the ability to share high-quality photos and videos instantly.
Unfortunately, this convenience has also led to the rise of sexting—the exchange of sexual messages, images, or videos via text.
While it’s legal between consenting adults, it raises serious concerns when it involves minors. Understanding sexting laws in Texas is essential to avoid serious criminal consequences.
Is Sexting Illegal in Texas?
When a sexting “conversation” happens between two adults, there’s no law to prevent it, so long as the communication is consensual and both parties are engaging in it freely.
The law steps in when a minor is involved. Sharing sexual content with a minor is illegal, and it’s also against the law to pass along any explicit material received from a minor to another adult. It may also be illegal for you to receive and/or possess anything that you receive from a minor that is illicit in nature. These offenses are treated seriously and can result in hefty penalties, if proven.
Under Texas law, it is even illegal for minors to create, send, or share sexual images. However, the law makes a narrow exception when all of the following are true:
- Both individuals are under 17,
- The exchange is consensual,
- They are in a dating relationship, and
- The age difference is no more than two years.
This exception is designed to address situations where two similarly aged minors are dating and engage in consensual sexting, without treating it as a criminal offense.
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What is Considered Sexting with a Minor?
Texas law strictly prohibits any exchange of sexual material involving minors. This includes:
- Sending sexual messages or images to a minor
- Receiving explicit material from a minor
- Sharing or distributing material involving a minor to anyone else
- Possessing explicit images of a minor.
These offenses are taken seriously and may lead to severe penalties, including criminal records, fines, or imprisonment.
While traditional “phone sex” between consenting adults is legal, Texas law draws a hard line when minors are involved.
Any sexual communication with a minor—whether over the phone, by text, or online—can result in serious criminal charges.
Criminal Consequences of Violating Phone Sex Laws
Engaging in illegal sexting with minors carries severe penalties under Texas law. Potential consequences include:
- Solicitation of a Minor: Even without images, inappropriate communication can lead to criminal charges.
- Child Pornography Charges: If images are created, shared, or stored, individuals may face possession or distribution charges.
- Felony Convictions: These offenses are often classified as felonies, bringing harsh penalties.
- Fines and Incarceration: Convictions can result in substantial fines and lengthy jail or prison sentences.
- Sex Offender Registration: A conviction may require lifetime registration as a sex offender, with long-term personal and professional consequences.
Is It Illegal to Share Private Text Messages in Texas?
Sharing private text messages falls into a legal gray zone in Texas. But when those messages contain explicit or intimate content, the risk of legal liability goes up significantly.
Distributing Intimate Content Without Permission
If someone shares sexual or intimate messages, images, or videos without the sender’s consent, that may violate Texas’s revenge porn statute (unlawful disclosure of intimate visual material) or civil privacy protections.
Texas law does not automatically make it illegal to share private text messages just because they are “private.” What matters is the content and whether it was shared with consent.
While not every disclosure leads to criminal charges, victims may still have civil remedies, such as suing for invasion of privacy or unlawful publicity if intimate or sensitive messages are shared without permission.
Sharing Texts Involving Minors
If the text messages involve a minor and contain explicit content, the act becomes a serious criminal offense, regardless of whether you were the original recipient or not.
Why Legal Guidance From a Sex Crime Lawyer Is Important
Being accused of violating sexting laws in Texas can have life-changing consequences. Even if you believe the situation is a misunderstanding, the law is strict and does not take these cases lightly. A conviction could affect your career, education, personal reputation, and even your freedom.
Protecting Your Rights
A sex crime lawyer ensures that your rights are not violated during the investigation or court process. Law enforcement may gather evidence from your phone or online accounts, and it’s crucial to have legal representation that can challenge improper searches or unfair accusations.
Understanding the Charges
Many people are not aware of how serious sexting-related charges can be. A sex crime lawyer can explain what you are facing, whether it is a misdemeanor, felony, or sex offender registration, and what defense strategies are available.
Building a Strong Defense
An experienced sex crime lawyer can:
- Review the evidence for weaknesses or errors
- Argue for reduced charges if you qualify for an exception (such as close-in-age provisions)
- Negotiate with prosecutors to minimize penalties
- Represent you in court to fight for a dismissal or acquittal.
Schedule a Consultation With an Experienced Sex Crime Lawyer
If you are facing charges related to sexting or phone sex in Texas, do not wait to seek help. Being charged with sexting can feel overwhelming, since a conviction may change your life forever. That’s why it’s crucial to have skilled legal support to strongly defend your rights if you’re accused. I will evaluate your case, explain your legal options, and fight to protect your future.
Schedule a consultation with me so you know exactly what to expect and how I can help. Call my Dallas office at (214) 758-8630 or schedule a consultation here.