Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant theme taken as a whole:
(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) is utterly without redeeming social value for minors.
(b) A person commits an offense if, knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 39 (S.B. 412), Sec. 3, eff. September 1, 2025.
(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.
(c-2) It is an affirmative defense to prosecution under Subsection (b)(1) or (2) that at the time of the offense the actor was a judicial or law enforcement officer discharging the officer's official duties.
(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 497 (H.B. 1344), Sec. 1, eff. September 1, 2011.
Acts 2025, 89th Leg., R.S., Ch. 39 (S.B. 412), Sec. 1, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 39 (S.B. 412), Sec. 3, eff. September 1, 2025.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1981–2025 · leading case:
State v. Stone, 137 S.W.3d 167 (Tex. App.—Houston [1st Dist.] 2004).
State v. Stone, 137 S.W.3d 167 (Tex. App.—Houston [1st Dist.] 2004).
· cites it 10× “1 In two points of error, the State argues that (1) “the issuing magistrate reached the reasonable conclusion that a search would uncover evidence that appellee had distributed harmful sexual material to a minor from the computer in appellee’s home” and (2) Texas Penal Code…”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
“Tex. Penal Code Ann. § 43.24 (1974) Utah Utah Code Ann.”
Harvey v. State, 123 S.W.3d 623 (Tex. App.—Texarkana 2003).
“102 (Vernon *629 2002) (“child” for Chapter 152, Uniform Child Custody Jurisdiction and Enforcement Act); Tex. Pen.Code Ann. § 43.24 (Vernon 2003) (“minor” for sale, distribution, or display of harmful material to minor); § 43.”
Sarabia v. State, 227 S.W.3d 320 (Tex. App.—Fort Worth 2007).
“26(e) (Vernon 2003) (criminalizing the exhibition of child pornography); see also Tex Penal Code Ann. § 43.24 (Vernon 2003) (criminalizing the display of harmful material to a minor).”
Aleman v. State, 49 S.W.3d 92 (Tex. App.—Beaumont 2001).
· cites it 2× “Tex. Pen.Code Ann. § 43.24 (Vernon 1994).”
Ex Parte Anderson, 902 S.W.2d 695 (Tex. App.—Austin 1995).
“Laws 833, 961 (Tex.Penal Code § 43.24, since amended). See now § 43.”
Ex Parte John Christopher Lo, 393 S.W.3d 290 (Tex. App.—Houston [1st Dist.] 2011).
“at 181 ; see also Tex. Penal Code Ann. § 43.24 (Vernon 2011) (defining “harmful material” as that which “appeals to the prurient interest of a minor, in sex, nudity, or excretion,” “is patently offensive to prevailing standards in the adult community as a whole with respect to…”
Tex. Penal Code § 43.24(a): 1 case
Tex. Penal Code § 43.24(a)(2): 2 cases
State v. Stone, 137 S.W.3d 167 (Tex. App.—Houston [1st Dist.] 2004).
“1 In two points of error, the State argues that (1) “the issuing magistrate reached the reasonable conclusion that a search would uncover evidence that appellee had distributed harmful sexual material to a minor from the computer in appellee’s home” and (2) Texas Penal Code…”
Tex. Penal Code § 43.24(b)(1): 2 cases
State v. Stone, 137 S.W.3d 167 (Tex. App.—Houston [1st Dist.] 2004).
“1 In two points of error, the State argues that (1) “the issuing magistrate reached the reasonable conclusion that a search would uncover evidence that appellee had distributed harmful sexual material to a minor from the computer in appellee’s home” and (2) Texas Penal Code…”
Tex. Penal Code § 43.24(b)(2): 1 case
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