Texas Penal Code - PENAL § 43.261. Electronic Transmission of Certain Visual Material Depicting Minor

(1) “Dating relationship” has the meaning assigned by Section 71.0021, Family Code.

(2) “Minor” means a person younger than 18 years of age.

(3) “Produce” with respect to visual material includes any conduct that directly contributes to the creation or manufacture of the material.

(4) “Promote” has the meaning assigned by Section 43.25.

(5) “Sexual conduct” has the meaning assigned by Section 43.25.

(6) “Visual material” has the meaning assigned by Section 43.26.

(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or

(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.

(1) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and

(2) whose image as a minor was used in creating, adapting, or modifying the visual material, including computer-generated visual material that was created, adapted, or modified using an artificial intelligence application or other computer software.

(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor:

(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been:

(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or

(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.

(1) depicted only the actor or another minor:

(2) was promoted or received only to or from the actor and the other minor.

(1) did not produce or solicit the visual material;

(2) possessed the visual material only after receiving the material from another minor; and

(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor.