Can a Selfie Be Child Pornography?

Coined as a definable word in the Oxford Dictionaries as recently as 2013, a “selfie” is a fairly new phenomenon but also a very common one. It involves someone taking a photo or a video of themselves, primarily by using a smartphone.

Many selfies are kept private, but others are distributed or shared via social media, whether with friends and family members or with the public at large.

There’s no harm in that, right?

Mostly that’s the case.

But the content of such selfies can be a legal problem, especially if they feature explicit images of a sexual nature and the subject is a minor, which in Texas is less than 17 years old. Then, a selfie can be deemed pornography and can bring legal punishments — sometimes harsh punishments.

Indeed, persons who receive or distribute such selfie images can be charged with a sex crime, including child pornography. Even minors may face a sex crime charge if they make and send selfies with sexually explicit images of themselves or of others.

Let’s dive a little deeper.

What is sexual conduct involving a minor under Texas law?

Generally, a crime involving transmission of sexually explicit material featuring minors is against Texas law, notably Section 43.261 of the Texas Penal Code.

Also, Texas law holds that persons 17 or younger may not send sexually explicit images of themselves to any person who is more than two years older than the sender and with whom they don’t have a dating relationship.

Beyond that, regardless of your age, knowingly possessing explicit sexual images of minors is illegal under Texas law.

Those under 18 who violate Texas law by possessing or sending visual material of themselves or other minors engaged in sexual conduct face a Class C misdemeanor charge and as much as a $500 fine.

If the image was sent to harass, abuse, offend or intimidate someone, the offense rises to a class B misdemeanor, with up to $2,000 in fines and 180 days in jail. For repeat offenders, the fine doubles and a year in jail is possible.

Besides physical activity, sexually explicit conduct includes simply the “lewd exhibition” of the genitals, anus or any part of a female breast below the top of the areola. Often, these are the subjects of selfies.

But again, as long as minors are in a dating relationship, it isn’t a criminal act for them to share sexually explicit photos and videos between each other — but only between each other.

However, adults who possess such images of minors face a felony charge bringing prison time and a steep fine for the crime of possessing child pornography.

Child porn charges are surprisingly common in Houston and throughout Texas.

As you can see, a selfie can be considered child pornography, depending on who sends or possesses it.

If you face a child pornography charge or some other charge related to possessing or distributing sexual images, notify an experienced Houston sex crime defense lawyer with the Neal Davis Law Firm today. Contact us for a legal assessment of your case. There’s no obligation to you, and it’s entirely confidential.