Tex. Codes » Penal Code · TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY · CHAPTER 43. PUBLIC INDECENCY
Texas Codes

Tex. Penal Code § 43.262 (2026)

Possession Or Promotion Of Lewd Visual Material Depicting Child

✓ current as of May 2026
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Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD. (a) In this section:

(1) "Promote" and "sexual conduct" have the meanings assigned by Section 43.25.

(2) "Visual material" has the meaning assigned by Section 43.26.

(b) A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that:

(1) depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;

(2) appeals to the prurient interest in sex; and

(3) has no serious literary, artistic, political, or scientific value.

(b-1) For purposes of conduct prohibited under Subsection (b), visual material to which that conduct applies includes:

(1) a depiction of a child:

(A) 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

(B) whose image as a child younger than 18 years of age 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; or

(2) a depiction of a child, created using an artificial intelligence application or other computer software, that to a reasonable person is virtually indistinguishable from an actual child younger than 18 years of age.

(c) An offense under this section is a state jail felony, except that the offense is:

(1) a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and

(2) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.

(d) It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material.

Added by Acts 2017, 85th Leg., R.S., Ch. 350 (H.B. 1810), Sec. 1, eff. September 1, 2017.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 730 (H.B. 2700), Sec. 3, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621), Sec. 6, eff. September 1, 2025.

Notes of Decisions
Cited in 8 cases (7 in the last 5 years), 2020–2025 · leading case: Netflix v. Babin, 88 F.4th 1080 (5th Cir. 2023).
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Netflix v. Babin, 88 F.4th 1080 (5th Cir. 2023). “” Tex. Penal Code § 43.262(b)(3). And deliberately choosing to show only the most explicit scenes of a mainstream film, without any indication that showing the entire film is burdensome in some way, gives us further reason to question the means by which the indictments were…”
In re: Terrell McIlwain (N.C. Ct. App. 2022). · cites it 4× “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
In re: Terrell McIlwain (N.C. Ct. App. 2022). · cites it 4× “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
Lowry, Ex Parte Michael v. The State of Texas (Tex. Crim. App. 2024). · cites it 2× “1777 , 1777-78 (codified at TEX. PENAL CODE § 43.262(b–1)). Lowry–32 (1) “Promote” and “sexual conduct” have the meanings assigned by Section 43.”
Ex Parte Michael Lowry v. the State of Texas (Tex. App. 2025). · cites it 2× “TEX. PENAL CODE § 43.262(b). Lowry filed an application for pretrial writ of habeas corpus challenging the constitutionality of section 43.”
State v. Trenton Kyle Green (Tex. App. 2020). “26(g) (increases from second-degree felony to first- degree felony if defendant has a prior conviction under subsection(e)); TEX. PENAL CODE ANN. § 43.261(c) (increases from class C misdemeanor to class B misdemeanor); TEX.”
Ex Parte Michael Lowry v. State (Tex. App. 2021). “See TEX. PEN. CODE § 43.262. After a review of the records, the Court determines that it desires briefing.”
The State of Texas v. Matthew Martin (Tex. App. 2025). “See TEX. PENAL CODE ANN. § 43.262(b)(1) (listing as element of offense that visual material “depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was…”
— Tex. Penal Code § 43.262(b) — 3 cases
Ex Parte Michael Lowry v. the State of Texas (Tex. App. 2025). “TEX. PENAL CODE § 43.262(b). Lowry filed an application for pretrial writ of habeas corpus challenging the constitutionality of section 43.”
In re: Terrell McIlwain (N.C. Ct. App. 2022). “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
In re: Terrell McIlwain (N.C. Ct. App. 2022). “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
— Tex. Penal Code § 43.262(b)(1) — 3 cases
In re: Terrell McIlwain (N.C. Ct. App. 2022). “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
In re: Terrell McIlwain (N.C. Ct. App. 2022). “Background ¶2 Petitioner Terrell McIlwain was convicted in July 2020 of possession or promotion of lewd visual material depicting a child, under Texas Penal Code § 43.262 (“Texas offense”).”
The State of Texas v. Matthew Martin (Tex. App. 2025). “See TEX. PENAL CODE ANN. § 43.262(b)(1) (listing as element of offense that visual material “depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was…”
— Tex. Penal Code § 43.262(b)(3) — 1 case
Netflix v. Babin, 88 F.4th 1080 (5th Cir. 2023). “” Tex. Penal Code § 43.262(b)(3). And deliberately choosing to show only the most explicit scenes of a mainstream film, without any indication that showing the entire film is burdensome in some way, gives us further reason to question the means by which the indictments were…”
— Tex. Penal Code § 43.262(c) — 1 case
State v. Trenton Kyle Green (Tex. App. 2020). “26(g) (increases from second-degree felony to first- degree felony if defendant has a prior conviction under subsection(e)); TEX. PENAL CODE ANN. § 43.261(c) (increases from class C misdemeanor to class B misdemeanor); TEX.”
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