"Unlawful Electronic Transmission of Sexually Explicit Visual Material" is the statute under the Texas Penal Code that criminalizes sending lewd images to people without their consent. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further categorized as a Sexual Offense under Chapter 21. These days, digital communication isn't just prevalent, it's the standard. Emails, texts, DMs, chat threads, video messages...our days are inundated with electronic chatter. Sometimes, amidst all that digital noise, we're sent something sexual --- something we didn't ask for and don't want.
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Providing the criminal law remedy to unsolicited nudes, enter Tex. Penal Code §21.19. This statute makes it a crime to electronically send --- without the recipient's consent --- pornography, nude images, and pictures of (technically-covered but still obviously) erect penises. The law criminalizes sending these sorts of lewd images regardless of who the image depicts. As with many other sexual offenses under Texas law, cases prosecuted under Unlawful Electronic Transmission of Sexually Explicit Visual Material frequently turn on the issue of consent.
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It's not inherently illegal to send lewd images to someone, electronically or otherwise. Under §21.19, what makes these transmissions criminal is that the recipient didn't request or otherwise consent to receiving pornographic material. While it may seem like a simple social media faux pas, sending unsolicited nudes is a crime in Texas. Airdropping a random porn link? That's illegal, too. But what happens when someone makes a mistake, accidentally sharing something spicy with someone unsuspecting? That person may have a viable defense to their charges under this statute, because the legal language tells us that the electronic transmission must be "knowing[]."
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If you've been charged with an offense under §21.19, Unlawful Electronic Transmission of Sexually Explicit Visual Material, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and efficiently, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
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Texas Penal Code §21.19, Unlawful Electronic Transmission of Sexually Explicit Visual Material, is defined as follows:
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(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:
(1) depicts:
(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or
(B) covered genitals of a male person that are in a discernibly turgid state; and
(2) is not sent at the request of or with the express consent of the recipient.
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This statute defines "Intimate Parts" as:
"the naked genitals, pubic area, anus, buttocks, or female nipple of a person." ​
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This statute defines "Sexual Conduct" as:
"sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse."​
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This statute defines "Visual Material" as:
“(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method."
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The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.19, Unlawful Electronic Transmission of Sexually Explicit Visual Material, is 2 years.
Unlawful Electronic Transmission of Sexually Explicit Visual Material is classified in Texas as a Class C Misdemeanor.
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Unlawful Electronic Transmission of Sexually Explicit Visual Material, like other Class C Misdemeanors, is punishable by a fine of up to $500.
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Probation may be granted to individuals who plead guilty or no contest to Unlawful Electronic Transmission of Sexually Explicit Visual Material under Tex. Penal Code §21.19. Additionally, judges may accept plea deals for deferred adjudication in these cases.
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AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
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Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
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NO.
Currently Tex. Penal Code §21.19, Unlawful Electronic Transmission of Sexually Explicit Visual Material, is not a registrable offense. However, the Texas legislature can add this offense to the list of registrable offenses at any time, and a person who pled guilty, was found guilty, or received deferred adjudication (even if later dismissed) for this offense would be required to register as a sex offender, even if the offense did not require registration at the time they were convicted.
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CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
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About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
