Texas Codes

Tex. Penal Code § 43.25 (2026)

Sexual Performance By A Child

✓ current as of May 2026

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Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:

(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.

(2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(3) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons.

(4) "Produce" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance.

(5) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

(6) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.

(7) "Deviate sexual intercourse" and "sexual contact" have the meanings assigned by Section 43.01.

(b) A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.

(c) An offense under Subsection (b) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(d) A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.

(e) An offense under Subsection (d) is a felony of the third degree, except that the offense is a felony of the second degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(f) It is an affirmative defense to a prosecution under this section that:

(1) the defendant was the spouse of the child at the time of the offense;

(2) at the time of the offense the actor was a judicial or law enforcement officer discharging the officer's official duties; or

(3) the defendant is not more than two years older than the child.

(g) When it becomes necessary for the purposes of this section or Section 43.26 to determine whether a child who participated in sexual conduct was younger than 18 years of age, the court or jury may make this determination by any of the following methods:

(1) personal inspection of the child;

(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;

(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;

(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or

(5) any other method authorized by law or by the rules of evidence at common law.

(h) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.

Added by Acts 1977, 65th Leg., p. 1035, ch. 381, Sec. 1, eff. June 10, 1977. Amended by Acts 1979, 66th Leg., p. 1976, ch. 779, Sec. 1, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 22(b), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1005, Sec. 4, 5 eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.20, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 41, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 12, eff. September 1, 2017.

Acts 2025, 89th Leg., R.S., Ch. 39 (S.B. 412), Sec. 2, eff. September 1, 2025.

Notes of Decisions

Cited in 145 cases (35 in the last 5 years), 1978–2026 · leading case: Bell v. State, 326 S.W.3d 716 (Tex. App. 2010).

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Bell v. State, 326 S.W.3d 716 (Tex. App. 2010). · cites it 5× “Tex. Penal Code Ann. § 43.25 (b) (West 2003).”

New York v. Ferber, 458 U.S. 747 (1982). · cites it 2× “1 (1981); Tex. Penal Code Ann. § 43.25 (1982); Utah Code Ann.”

Franklin v. State, 193 S.W.3d 616 (Tex. App. 2006). · cites it 4× “Tex. Penal Code Ann. § 43.25 (b) (Vernon Supp.”

Eubanks v. State, 326 S.W.3d 231 (Tex. App. 2010). · cites it 4× “” Tex. Penal Code Ann. § 43.25 (d) (Vernon Supp.”

Distefano v. State, 532 S.W.3d 25 (Tex. App. 2016). · cites it 2× “Tex. Penal Code § 43.25(b)—(c). . All references to article 38.”

Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014). · cites it 3× “See Tex. Penal Code § 43.25, passim (current).”

Alexander v. State, 906 S.W.2d 107 (Tex. App. 1995). · cites it 4× “did then and there, intentionally or knowingly, knowing the content and character thereof, attempt to employ or induce a child younger than 17 years of age .”

Jeffrey Dean Gerron v. State, 524 S.W.3d 308 (Tex. App. 2016). · cites it 2× “Tex. Penal Code Ann. § 43.25 (a)(2) (West 2011) (emphasis added).”

Ex Parte Anderson, 902 S.W.2d 695 (Tex. App. 1995). · cites it 3× “Laws 2133 (Texas Penal Code § 43.25, as amended) (hereinafter former section 43.”

Jerilyn Ann Cerda, as Next Friend of Noel Doe v. Rjl Ent., Inc. D/B/A Club Cheetah, 443 S.W.3d 221 (Tex. App. 2013). · cites it 8× “See Tex. Penal Code Ann. §§ 43.25 (c) (West 2011), 43.”

State v. Bolles, 541 S.W.3d 128 (Tex. Crim. App. 2017). · cites it 2× “26 of the Texas Penal Code depends upon whether such image depicts a child who is engaging in the "lewd exhibition" of the child's genitals under Texas Penal Code section 43.25(a)(2). 43 The term "engaging" is not statutorily defined.”

United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014). · cites it 2× “[8](G) (West 2014) (including lascivious exhibition of the female breast or genitals in the definition of “[s]exual activity”); Tex. Penal Code Ann. § 43.25 (a)(2) (West 2014) (including the lewd exhibition of any portion of the female breast below the top of the areola in the…”

Show all 145 citing cases →

— Tex. Penal Code § 43.25(C) — 1 case

Alejandro Guerra v. State (Tex. App. 2018).

— Tex. Penal Code § 43.25(a) — 1 case

Summers v. State, 845 S.W.2d 440 (Tex. App. 1992).

— Tex. Penal Code § 43.25(a)(1) — 6 cases

Bell v. State, 326 S.W.3d 716 (Tex. App. 2010). “Tex. Penal Code Ann. § 43.25 (b) (West 2003).”

Mark A. Clark v. State (Tex. App. 2014).

Alejandro Munoz v. State (Tex. App. 2014).

Robert F. Crunk v. State (Tex. App. 2015).

Munoz, Alejandro (Tex. 2015).

— Tex. Penal Code § 43.25(a)(2) — 25 cases

State v. Bolles, 541 S.W.3d 128 (Tex. Crim. App. 2017). “26 of the Texas Penal Code depends upon whether such image depicts a child who is engaging in the "lewd exhibition" of the child's genitals under Texas Penal Code section 43.25(a)(2). 43 The term "engaging" is not statutorily defined.”

Witt v. State, 237 S.W.3d 394 (Tex. App. 2007).

Burke v. State, 27 S.W.3d 651 (Tex. App. 2000).

Alexander v. State, 906 S.W.2d 107 (Tex. App. 1995). “did then and there, intentionally or knowingly, knowing the content and character thereof, attempt to employ or induce a child younger than 17 years of age .”

Lancaster v. State, 319 S.W.3d 168 (Tex. App. 2010).

— Tex. Penal Code § 43.25(a)(3) — 4 cases

Mark A. Clark v. State (Tex. App. 2014).

Timothy Edward Whitington v. State (Tex. App. 2015).

Whitington, Timothy Edward (Tex. App. 2015).

— Tex. Penal Code § 43.25(a)(5) — 2 cases

Sammy Evans v. the State of Texas (Tex. App. 2023).

Eric Austin Mills v. the State of Texas (Tex. App. 2024).

— Tex. Penal Code § 43.25(a)(6) — 4 cases

Ryan Stephen Kidd v. State (Tex. App. 2019).

Ex Parte Leonard Walton Fusselman (Tex. App. 2021).

— Tex. Penal Code § 43.25(b) — 32 cases

Distefano v. State, 532 S.W.3d 25 (Tex. App. 2016). “Tex. Penal Code § 43.25(b)—(c). . All references to article 38.”

Franklin v. State, 193 S.W.3d 616 (Tex. App. 2006). “Tex. Penal Code Ann. § 43.25 (b) (Vernon Supp.”

Scott v. State, 173 S.W.3d 856 (Tex. App. 2005).

Chen v. State, 42 S.W.3d 926 (Tex. Crim. App. 2001).

Tovar v. State, 165 S.W.3d 785 (Tex. App. 2005).

— Tex. Penal Code § 43.25(c) — 7 cases

Bell v. State, 326 S.W.3d 716 (Tex. App. 2010). “Tex. Penal Code Ann. § 43.25 (b) (West 2003).”

Scott v. State, 173 S.W.3d 856 (Tex. App. 2005).

Alejandro Guerra v. State (Tex. App. 2018).

Bradley Curtis Kougher v. State (Tex. App. 2018).

Buford Lloyd Crowell v. the State of Texas (Tex. App. 2021).

— Tex. Penal Code § 43.25(d) — 5 cases

Tovar v. State, 165 S.W.3d 785 (Tex. App. 2005).

Conley v. Driver, 175 S.W.3d 882 (Tex. App. 2005).

State v. Lauro Eduardo Ruiz, 535 S.W.3d 590 (Tex. App. 2017).

Benito Pena Jr. v. State (Tex. App. 2017).

George Ray Davis v. State (Tex. App. 2020).

— Tex. Penal Code § 43.25(e) — 3 cases

In re B.W., 313 S.W.3d 818 (Tex. 2010).

In Re Bw, 313 S.W.3d 818 (Tex. 2010).

Nicholas Wayne Doss v. the State of Texas (Tex. App. 2021).

— Tex. Penal Code § 43.25(f) — 1 case

Roise v. State, 7 S.W.3d 225 (Tex. App. 1999).

— Tex. Penal Code § 43.25(f)(1) — 3 cases

Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014). “See Tex. Penal Code § 43.25, passim (current).”

United States v. United States Dist. Court for the Cent. Dist. of California, 858 F.2d 534 (9th Cir. 1988).

Fleming, Mark Alexander (Tex. Crim. App. 2014).

— Tex. Penal Code § 43.25(f)(2) — 2 cases

Richard Damon Martini v. State (Tex. App. 2018).

Teddy Eugene Morris v. State of Texas (Tex. App. 2010).

— Tex. Penal Code § 43.25(f)(3) — 1 case

Fujisaka, Ex Parte Jeffrey Wayne (Tex. App. 2015).

— Tex. Penal Code § 43.25(g) — 6 cases

Jeffrey Dean Gerron v. State, 524 S.W.3d 308 (Tex. App. 2016). “Tex. Penal Code Ann. § 43.25 (a)(2) (West 2011) (emphasis added).”

Scott Edward Wilson v. State, 419 S.W.3d 582 (Tex. App. 2013).

Richard Blake Bradley v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 43.25(g)(1) — 1 case

Timmie Soules v. State (Tex. App. 2019).

— Tex. Penal Code § 43.25(g)(2) — 5 cases

Timmie Soules v. State (Tex. App. 2019).

Tallion Kyle Taylor v. State (Tex. App. 2021).

Richard Blake Bradley v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 43.25(h) — 1 case

Nicholas Wayne Doss v. the State of Texas (Tex. App. 2021).

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