Frank Svetlik
Child Pornography Defense Attorney
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Public Indecency - Sale, Distribution, or Display of Harmful Material to Minor

by Frank Svetlik

The Texas Penal Code Section 43.24[b][1], [b][2], and [b][3] provides the definition of the crime of Sale, Distribution, or Display of Harmful Material to Minor.

Texas has made the sale of pornography to children, a class A misdemeanor unless the person displaying or selling the pornographic materials, employs, or uses a minor to assist in displaying or selling the pornographic materials. A third-degree felony is punishable in Texas by imprisonment for two to ten years. A Class A Misdemeanor is punishable in Texas by confinement in the county jail for up to two years. Of course, other monetary fines may be applicable.

This statute is directed toward the protection of persons of tender years. The requirement that no obscene materials can be displayed or distributed to children under eighteen years of age is specifically set forth in this law. Two affirmative defenses are provided. If the accused is a spouse of the minor at the time of the offense he or she may not be prosecuted. A somewhat more amorphous affirmative defense is provided for a person having scientific, educational, governmental, or similar justification.

If you have reason to be concerned about the issues addressed in this writing call Attorney Frank Svetlik 713.724.8538, an attorney familiar with matters of interest to those accused of sale, distribution of display of harmful material to a minor or possession or promotion or distribution of Child Pornography.

The operative provisions of the law are set forth below with editing for ease of understanding.

Sale, Distribution, or Display of Harmful Material to Minor,
[i] For purposes of this section:
   [A] "Minor" means an individual younger than eighteen years.
   [B] "Harmful material" means material whose dominant theme taken as a whole:
      [I] appeals to the prurient interest of a minor, in sex, nudity, or excretion;
      [II] is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
      [III] is utterly without redeeming social value for minors.

[ii] A person commits an offense if, knowing that the material is harmful:
   [A] and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
   [B] he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
   [C] he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in [ii][A] or [ii][B] above.

[iii] It is an affirmative defense to prosecution under this article that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.[iii-*] It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.

[iv] An offense under this section is a Class A misdemeanor unless it is committed under [ii][C]above in which event it is a felony of the third degree.

If you have reason to be concerned about the issues addressed in this writing call Attorney Frank Svetlik 713.724.8538, an attorney familiar with matters of interest to those accused of sexual performance by a child or possession or promotion or distribution of Child Pornography.