Did you know it’s illegal in Texas to possess child porn showing someone under age 18, but it can technically be legal for a minor who is only 17 years old to have sex with an adult?
That’s confusing but true. This is because Texas child porn law conflicts with the state’s age of consent law.
In Texas, a person who’s under age 18 is considered to be a minor, or a child. Yet at age 17, such a minor has reached the so-called “age of consent” in Texas and can legally consent to having sex.
On the other hand, if that same 17-year-old posts a nude or otherwise sexually explicit photo of himself or herself online, that would be considered child porn under Texas law, which deems sexually explicit materials to be illegal if they feature someone under age 18.
Thus, it’s legal in Texas for a consenting 17-year-old — still a minor and a child — to have sex with an adult. But if that same adult has nude photos of that teen, the adult would be guilty of possessing child porn and could be prosecuted and sent to prison.
Crazy, yes? But just how crazy, given the severity of punishments on the one hand and the perfect legality on the other?
In Texas, possessing child porn is a third degree felony with punishments of two to 10 years in prison and fines of up to $10,000. Such child porn could feature a 17-year-old, but in Texas, having consensual sex with that same 17-year-old is perfectly legal.
Keep in mind that different states have different laws about the age of consent for sex.
In fact, in two states bordering Texas — Oklahoma and Arkansas — the legal age of consent is even lower, at 16. That doesn’t suit the Lone Star State, or New Mexico and Louisiana, where the age of consent is 17.
What about when a child is younger than 17?
If an adult has sex with a child who is 16 or younger, that’s considered statutory rape in Texas, even if the sex is unforced, or consensual. In Texas, a child who’s under 17 isn’t considered mature enough to give legal consent to sex.
That law is straightforward enough, but strange legal conflicts arise in Texas sex crime laws when a child is 17. Again, such a 17-year-old can give legal consent to sex but cannot be featured in any sexually explicit visual materials, which would be considered child porn. Only when a person featured in such materials is 18 or older are the materials not deemed child porn in Texas.
The Neal Davis Law Firm understands these and other complexities in Texas sex crime laws, and we’re prepared to employ many defenses against sex crime charges. If your family needs legal help with such a sensitive matter, you can contact us for a confidential legal review of your case.
If you or a loved one need skillful defense against a child porn charge, get an experienced Texas sex crime defense attorney for Houston, Harris County, Fort Bend County or Montgomery County. Your freedom may depend on it.
