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If you or a loved one has been charged with assault family violence in Texas, you may be trying to figure out exactly what the term means. Assault family violence Texas encompasses any intentional harm or threat toward a family member, which itself is a broadly defined term. The charge carries significant social stigma and punishments ranging from misdemeanors to felonies. Knowing your rights, potential penalties, and defense strategies is essential in this circumstance. This article written by our assault defense lawyer offers a comprehensive guide to the critical aspects of assault family violence in Texas.

assault family violence allegations

Assault Family Violence Texas Defined

In Texas, assault family violence is an intentional or reckless act causing injury or threatening to cause injury to a person considered a ‘family member.’ The law expands this offense to include behavior that qualifies as ‘family violence,’ making it an offense to engage in such behavior. The term ‘assault’ is broad, defined in Penal Code Section 22.01 as:

  • intentionally, knowingly, or recklessly causing bodily injury to another
  • the threat of imminent bodily injury
  • causing physical contact that the person knows or should reasonably believe the other will regard as offensive or provocative.

Family violence, according to Texas law, is an act committed by a family or household member against another, intending to cause:

  • physical harm
  • bodily injury
  • assault
  • sexual assault
  • creating a threat that reasonably instills fear of imminent physical harm

Grasping these definitions provides a foundation for unraveling the complexities of assault family violence in Texas.

who is a family member in texas

The Definition of “Family” Under Texas Law

‘Family,’ as defined by Texas law, includes individuals connected by ‘consanguinity,’ covering blood relations or affinity, which includes individuals related not only by blood but also by affections, such as a person’s spouse. ‘Consanguinity’ pertains to blood relations, while ‘affinity’ encompasses relationships established through marriage or other non-blood connections, such as a person’s spouse.

The law also recognizes dating relationships as part of the family definition. A dating relationship in this context refers to individuals who are or have been involved in a romantic or intimate relationship. This involves a continuing connection of a romantic or intimate nature..

The wide-ranging definition of ‘family’ under Texas law encompasses a variety of relationships in assault family violence cases.

Types of Conduct That Constitute Family Violence

Several forms of conduct can be considered family violence under Texas law. Physical assault, threats, and continuous violence are the various types of conduct that can be considered family violence under Texas law. Continuous family violence is a pattern of abuse directed towards a family or household member, recognized as a distinct form of behavior under Texas law.

Physical assault, in the context of family violence, is defined as the intentional and knowing act of violence against a family member, household member, or a current or past dating partner. Grasping these diverse forms of conduct aids in pinpointing and addressing family violence occurrences.

Severity of Family Violence in Texas: Misdemeanor to Felony

defending family violence charges

Assault family violence charges in Texas can be graded as a Class A misdemeanor, second degree felony, or third degree felony, based on the specific circumstances involved. An initial offense is usually a misdemeanor, with subsequent offenses escalating to third-degree felonies.

Assault can generally vary, ranging from a Class C Misdemeanor to a Second Degree Felony. This means that the consequences can be significant depending on the specific circumstances. A Class C offense is punishable by a fine only. A Class A misdemeanor is punishable by up to a year in jail. Third-degree felonies in Texas carry a minimum prison term of two years and a maximum of ten years, along with a potential fine of up to $10,000. Second degree felonies are 2-20 years. Grasping the grading system aids in understanding the legal repercussions of assault family violence.

When Assault Family Violence Becomes a Third Degree Felony

An Assault Family Violence charge can be elevated to a third-degree felony if there is a pattern of ongoing violence against the family or if the individual has a previous conviction for family violence. Continuous violence against the family, recognized in Texas law, covers numerous instances of domestic abuse within a specified period. It is classified as a third-degree felony and is subject to a maximum prison term of 10 years and a potential fine of $10,000.

In Texas, when a person commits an offense of repeated family violence, the state handles it with increased severity, potentially resulting in heightened penalties. Repeat offenders may be subject to the Three Strike Law, which imposes the most severe penalties and could elevate the charge to a third-degree felony.

Enhanced Penalties for Aggravated Assault Family Violence

Aggravated assault family violence is an offense in which a person engages in assault and either inflicts serious bodily injury on another individual, such as their spouse, or employs or exhibits a deadly weapon during the assault. Individuals convicted of this offense are subject to a second-degree felony charge, carrying a penalty of 2 to 20 years of imprisonment.

The charge could be escalated to aggravated assault family violence if there is severe physical assault, the use of a deadly weapon, or a significant degree of injury inflicted on the victim. If a deadly weapon was used in the assault resulting in physical harm to the victim, the charge may be elevated to a first-degree felony, carrying a potential prison sentence of 5 to 99 years and a fine of up to $10,000.

Family Violence Charges and Deportation

A family violence or domestic violence conviction will result in deportation, albeit not inadmissibility. This can be for a misdemeanor or a felony. It also does not require time in custody. Probation qualifies as a conviction. Whether or not deferred qualifies as a conviction depends in part on who is asking the question. The feds generally consider even a deferred sentence to be a conviction. Arguments can be made as to whether or not placement on deferred constituted a limitation of the person’s liberty, thereby meeting the second prong for what the feds consider a conviction. Consult with an immigration attorney when in doubt.

family violence and deportation

Legal Protections Against Assault Family Violence

There are legal protections in place to help prevent and address assault family violence in Texas. Courts have the authority to grant protective orders for victims of domestic abuse or dating violence, and there are more severe penalties for individuals convicted of these offenses.

Texas law offers comprehensive protection to victims of family violence, shielding them from harm, abuse, or the threat of harm or abuse. Restraining orders, also referred to as protective orders, are frequently employed in Texas to deter instances of family violence, encompassing violence within dating relationships and sexual assaults. They are used within the civil context to prevent immediate and irreparable injury, loss, or damage.

Defense Strategies for Assault Family Violence Allegations

Individuals accused of assault family violence can utilize various defense strategies. Self-defense is admissible as a defense in assault family violence cases in Texas, provided that the force employed is commensurate with the assault being resisted. Under the law, self-defense is a valid defense strategy in family violence cases.

Evidence that may be utilized to substantiate a self-defense assertion includes demonstrating a reasonable belief of an imminent threat, establishing that the defendant was in immediate danger, and showing that the use of force was necessary to prevent serious injury. Attorneys can utilize multiple tactics to refute the alleged victim’s account, such as questioning the prosecution’s burden of proof, introducing self-defense evidence, undermining the alleged victim’s credibility, and showing an absence of intent or mistaken identity.

Claiming Self-Defense in Domestic Assault Cases

In accordance with Texas law, self-defense is deemed justifiable when an individual holds a reasonable belief that the use of force is essential to safeguard their life or well-being. To assert self-defense in a domestic assault case in Texas, certain criteria must be satisfied, including the establishment of all four elements of the defense.

Nonetheless, self-defense cannot be claimed in Texas domestic assault cases if the danger is not immediate or if the use of deadly force is deemed excessive. To substantiate a self-defense claim in a Texas domestic assault case, required evidence often comprises witness statements, physical proof, and any relevant evidence demonstrating a reasonable belief in the necessity of force to avoid imminent harm or injury.

Challenging the Alleged Victim’s Account

There are several techniques for challenging the alleged victim’s account of events, including inconsistencies and lack of evidence. In a court of law, inconsistencies in the victim’s account can be established through various strategies, including:

  • scrutinizing inconsistencies within the victim’s testimony
  • challenging the victim with prior inconsistent statements
  • cross-examination to reveal any inconsistencies or hidden agendas in the victim’s testimony
  • presenting conflicting witness testimonies
  • emphasizing the lack of independent witnesses

These techniques can help cast doubt on the allegations.

Physical proof, such as photographs of injuries, plays an essential role in challenging the alleged victim’s story, providing an impartial basis for disputing the reliability or severity of the charges. Defense attorneys have the ability to cast doubt on the dependability or trustworthiness of the victim’s testimony through cross-examination, scrutinizing the victim’s recollection, perspective, or partiality, and emphasizing any discrepancies.

Impact of Assault Family Violence Convictions

The impact of assault family violence convictions can be far-reaching. Federal law usually prohibits people with felony convictions from possessing or owning firearms for the rest of their lives after being released from prison. This law aims to prevent potential harm and promote public safety. A domestic assault family violence conviction in Texas can have far-reaching consequences for an individual, impacting their educational, military, and employment opportunities.

In Texas, a restraining order is a legal directive that prohibits an individual from contacting the purported victim or approaching within a specified distance of their place of residence or employment. It is formulated to safeguard the safety of the purported victim by legally constraining the actions of the convicted individual subsequent to an assault conviction involving a family member.

Loss of Rights Following a Felony Conviction

Upon a felony conviction in Texas, individuals forfeit the following rights:

  • The right to serve on a jury panel
  • The right to hold public office
  • The right to possess a firearm until five years after their release from prison or parole

Additionally, individuals convicted of a felony for assault family violence in Texas are not permitted to own firearms.

A felony conviction for assault family violence in Texas results in the individual being ineligible to vote until their felony sentence is completely discharged. In addition to the loss of civil liberties and firearm ownership, a felony conviction for assault family violence may impact other rights such as:

  • Difficulties in obtaining a hunting or fishing license
  • Adverse effects on divorce or child custody proceedings
  • Challenges in fostering or adopting a child
  • Potential loss of legal residence status for non-natural-born citizens.

Navigating Life Post-Conviction

Living post-conviction can be challenging for individuals with a criminal record, as they often face difficulties when seeking employment due to their legal history, restricted job options, and industry-specific legal limitations. However, it’s important to remember that a conviction does not define a person’s future. With the right support and resources, it’s possible to rebuild one’s life after a conviction.

The journey can be difficult, but knowing your rights and being aware of available opportunities can make all the difference. It’s crucial to remain proactive, seek professional assistance when necessary, and always keep an eye on the future. Remember, your past does not have to dictate your future.

How to Handle Charges of Assault Family Violence

Being charged with assault family violence can be daunting. Knowing the steps to take under such circumstances is crucial. If you are accused of assaulting a family member in Texas, it’s advisable to:

  1. Seek guidance from a criminal defense attorney.
  2. Consult with an attorney before interacting with the police or admitting guilt.
  3. Understand the potential severe penalties associated with such charges.

An individual accused of family assault in Texas has the right to engage a criminal defense attorney for their legal defense. Hiring a criminal defense attorney is crucial for an individual facing domestic violence accusations in Texas, as they have legal rights, and a skilled defense attorney can help them challenge their case.

Steps to Take Immediately After Being Charged

If you are accused of assault family violence, it’s vital to know your legal rights and take prompt measures to defend yourself. Individuals charged with assault family violence in Texas have the right to:

  • Hire a criminal defense attorney for their defense
  • Immediately secure legal representation following the accusation
  • Have a lawyer guide them throughout the legal process
  • Strive for dismissal or acquittal at trial
  • Receive assistance in expunging records

Taking these steps can help protect your rights and ensure a fair legal process.

Following an accusation of assault family violence, it is important to gather various documents as evidence. These include the crime report, photographs of injuries or property damages, 911 tapes, medical records, witness statements, prior history of domestic violence, and any other relevant information provided by the individual or others. Additionally, the accused can protect themselves by seeking bail and by hiring a criminal defense attorney to help refute the charges.

The Importance of Varghese Summersett – a Skilled Defense Attorney

A skilled defense attorney, like those at Varghese Summersett, plays a crucial role in achieving the best possible outcome in assault family violence cases. Varghese Summersett is a legal firm that focuses on domestic violence cases, particularly assault family violence charges. Their significance in these cases stems from their specialized expertise and extensive experience in addressing intricate legal matters related to family violence, including those associated with divorce and family conflicts.

Varghese Summersett boasts an impressive track record in managing assault family violence cases, including:

  • Proficiency in advocating for clients in the legal setting
  • Vast experience in managing assault family violence cases
  • Meticulousness in navigating the complexities of the law
  • Providing a comprehensive defense strategy customized to individual circumstances

This track record and expertise ensure that clients receive top-notch representation.

Summary

In conclusion, understanding the legal complexities surrounding assault family violence in Texas is crucial. From understanding the legal definitions to navigating the legal implications, it’s a vast landscape. It’s also essential to know the rights and protections available, and the invaluable role a skilled defense attorney, like those at Varghese Summersett, can play. Remember, no matter the circumstances, you have the right to a solid defense and the opportunity to rebuild your life post-conviction.

Frequently Asked Questions

What type of charge is assault in Texas?

Assault in Texas can result in penalties ranging from a fine to prison time, depending on the severity of the offense. Class C Misdemeanor incurs a fine of up to $500, while a Third Degree Felony can lead to up to 10 years in prison and a fine of up to $10,000.

What is a third degree felony assault on a family member in Texas?

In Texas, a third-degree felony assault on a family member occurs if it is a second offense or if choking is alleged. It is classified as a third-degree felony.

What is the statute of limitations on assault family violence in Texas?

In Texas, the statute of limitations on assault family violence is typically 3 years. It’s important to gather evidence such as documentation of abuse to support your case.

How do you beat aggravated assault charge in Texas?

To beat an aggravated assault charge in Texas, common defenses include claiming self-defense, lack of intent or mistaken identity, justifying the use of force to protect oneself or others, and proving insanity or mental incapacity in specific cases at the time of the incident.

Is spitting on someone a crime in texas?

Yes, spitting on someone in Texas is considered a crime under the Texas Penal Code, Section 22.01 on assault, and can result in being charged with a class C misdemeanor and a fine of up to $500.

Varghese Summersett

Fort Worth Hotel Explosion

It has been nearly two months since a Fort Worth hotel explosion rocked Fort Worth. The Sandman Signature Hotel and Musume remain shuttered as the cause of the blast remains under investigation.

Twenty-one people were injured, one critically, and four more were seriously injured. There have been reports of people smelling gas before the explosion, and there was a strong smell of gas after the blast. 

Fort Worth Fire Department’s Arson Unit, the ATF, the FBI, and technicians with gas company Atmos Energy and the Railroad Commission are among the agencies investigating.

If you or a loved one were injured in this explosion, you have more questions than answers. We are here to help you through this journey and get you the help and answers you need – now and in the future.

Our Fort Worth explosion lawyer has the experience and the investigative skills it takes to make sure that something like this does not happen again, and that those responsible for your injuries are held responsible.

The Aftermath: Emergency Response and Injured Victims

As the echoes of the blast subsided, emergency crews were on the scene in minutes. Our attorneys and staff watched from the 7th floor of our downtown Fort Worth office as emergency vehicles traveled the wrong way down one-way streets to get to the scene quickly.

The Fort Worth Fire Department, Police Department, and Emergency Medical Services were some of the first to respond, with the ATF, FBI, and Railroad Commission arriving later in the day. It is now believed a gas explosion rocked the Sandman Signature Hotel, injuring 21 people. A few were critically injured, with one in a life-threatening state. The blast was so powerful it blew the front off the hotel and trapped some victims in the basement.

Within the hotel, the Musume restaurant may have been the epicenter of the blast’s impact. Three of its employees were among the injured. Fortunately, the restaurant was not open yet, and the hotel only had 26 of its rooms occupied. The nearby Fort Worth Convention Center was quickly converted into a temporary shelter for the guests, ensuring their well-being and safety.

Investigating the Cause: Gas Leak and Safety Concerns

As the dust settled and the injured were attended, the focus shifted to understanding the cause of the explosion. An explosion occurred, and preliminary investigations by fire officials pointed toward a gas leak as the potential trigger. This gas leak raised alarms about the safety measures in place and the need for stringent checks to prevent such incidents.

Gas leaks are a prevalent factor contributing to gas explosions in commercial establishments. The fire department initiated a thorough investigation, looking for visible signs of damage to gas pipes, fittings, and transmission equipment, as well as unusual sounds.

determining liability after a hotel explosion

Identifying Potential Liability

In the case of a gas explosion at a hotel, multiple parties might be held liable:

  1. Hotel: Hotels are obligated to ensure the safety and well-being of their guests and employees. This includes regular maintenance and safety checks of gas lines and related infrastructure.
  2. Gas Supply Companies: If the explosion resulted from a defect in the gas supply, the company providing the gas could be liable. We know Atmos was on the scene conducting their own investigation and ensuring service to the building was shut off.
  3. Maintenance Contractors: If the hotel outsourced its gas line maintenance, the contractor responsible for these services might be liable, especially if negligence or improper maintenance is proven.
  4. Manufacturers of Gas Appliances: If a faulty gas appliance caused the explosion, the manufacturer of that appliance could be held responsible under product liability laws.

emergency response after fort worth hotel explosion

Other Agencies That Might Investigate

Agencies other than the ones already mentioned that might be involved in this investigation include:

  1. Texas Commission on Fire Protection: This agency might step in to understand the fire-related aspects of the explosion; and
  2. Occupational Safety and Health Administration (OSHA): If there are employee injuries or fatalities, OSHA will likely investigate workplace safety standards.

Duties Owed by the Hotel

Hotels in Texas, like any other business, owe a duty of care to both their guests and employees. This includes:

  1. Regular Maintenance and Safety Checks: Ensuring all gas lines and appliances are in good working condition.
  2. Adequate Training for Staff: Ensuring staff is trained in safety procedures and emergency responses related to gas leaks or explosions.
  3. Evacuation Plans: Having clear and well-communicated evacuation plans in case of an emergency.

Premises Liability in Texas

Premises liability in Texas holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In a hotel gas explosion scenario, if it is proven that the hotel management was aware (or should have been aware) of a gas leak or potential hazard and did nothing to rectify it, they could be held liable under premises liability laws.

Statute of Limitations for Personal Injury in Texas

In Texas, the statute of limitations for personal injury claims is typically two years from the date of the injury. This means that any lawsuit for injuries sustained in a hotel gas explosion must be filed within this timeframe.

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Legal Representation for Explosion Victims: Why You Need an Experienced Fort Worth Explosion Lawyer

While the immediate focus in the aftermath of the explosion in Fort Worth was on rescue and recovery, the victims were left grappling with the repercussions. In the ensuing chaos, it becomes vital for victims to grasp their rights and pursue legal representation. Our experienced Fort Worth lawyer can help navigate the intricate legal maze, establish liability, and construct a robust case for the victims.

Compensation for Medical Expenses, Lost Wages, and Pain and Suffering

After such incidents, the primary focus of the legal battle is to secure compensation for medical bills, lost wages, and pain and suffering. Lawyers play a critical role in this, advocating for the victim’s rights, gathering evidence, negotiating with insurance companies, and pursuing legal claims for fair compensation.

The determination of lost wages is an important part of this process. It involves calculating a weekly rate based on the annual pay and then multiplying it by the number of weeks missed. In some cases, an average of an individual’s annual earnings before the injury is utilized for the calculation of lost earnings.

Holding Negligent Parties Accountable

Post-explosion, the focus isn’t solely on securing compensation for victims but also entails holding those responsible accountable for their actions. Holding negligent parties accountable signifies pursuing legal measures to ensure their responsibility for the damages and injuries resulting from the explosion.

The process to hold negligent parties accountable for explosions involves initiating a negligence lawsuit based on personal injury, wherein the injured party is required to establish that the defendant acted negligently. In such cases, individuals, companies, or other entities found responsible for negligence are held accountable for their actions.

Documenting Injuries and Property Damage

Besides seeking prompt medical attention, victims should also concentrate on:

  • Recording their injuries and property damage
  • Capturing photographs of the injuries
  • Promptly seeking medical attention
  • Preserving any available evidence

Explosions can lead to extensive property damage, such as cracks in plaster, drywall, and basement damage to homes, businesses, and other structures. Victims should take comprehensive photographs and videos of the damage from multiple angles and write detailed descriptions of the damage, specifying affected items, the extent and timing of the damage, and the event leading to the damage.

Support for Affected Families: Resources and Assistance

Amidst such adversity, the community unites to offer support to the impacted families. Resources and assistance are available for those affected, including a family reunification area and community support programs.

Furthermore, there are federal and state assistance programs available for victims of explosions. These programs include FEMA collaborating with the SBA to offer low-interest disaster loans and the Red Cross providing financial aid for homes that have been severely damaged or destroyed.

Speak to a Fort Worth Explosion Lawyer.

The tragic explosion at the Sandman Signature Hotel in downtown Fort Worth shook the community to its core. However, in its aftermath, the resilience of the community and the relentless work of first responders have shone through. The incident serves as a stark reminder of the importance of stringent safety measures and the need for legal representation in the aftermath of such tragic incidents. While the victims continue their path to recovery, it is imperative to hold those responsible accountable and ensure such a calamity is avoided in the future.

At Varghese Summersett, we understand the devastating impact such events can have on your life. Our dedicated team handles explosion-related cases and will fight tirelessly for the justice and compensation you deserve. Don’t face this challenge alone. Contact Varghese Summersett today for a free consultation, and let us be your advocate in this difficult time. Your path to recovery and justice begins with us. Call at 817-207-4878 (HURT).

Frequently Asked Questions

What caused the explosion at the Sandman Signature Hotel?

The investigation is ongoing. The explosion at the Sandman Signature Hotel was caused by a gas leak, according to preliminary investigations.

How many people were injured in the explosion?

The explosion resulted in 21 injuries, with one person critically injured.

What should victims do in the aftermath of such an explosion?

After an explosion, victims should prioritize seeking medical attention, documenting injuries and property damage, and contacting a lawyer for assistance with the aftermath. Give us a call at (817) 203-2220. We are here to help.

Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.

Age Verification Law in Texas

House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.

The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

The Age Verification Law in Texas is Currently Enforceable 

Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.

In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.

Varghese Summersett

Texans seeking online adult entertainment won’t find it anymore at Pornhub, one of the most popular websites in the world. In March, Pornhub suspended its services in the Lone Star State over objections to the Texas’ new age verification law.

The new Texas law requires porn sites to check visitors’ ages to ensure they are at least 18 years old and to display a health warning that porn impairs “human brain development.” Rather than comply, Pornhub has pulled its services to Texas.

The Age Verification Law in Texas

On June 2, 23, Texas lawmakers passed House Bill 1181, which requires adult websites to use “reasonable age verification methods” to ensure that a person accessing their website is at least 18 years old.

The new law requires users to prove their age with a government-issued identification or by using a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.

Age Verification Law Challenged 

A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported by adult websites such as PornHub and Xnxx.

The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. A federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.

Appeals Court Rules Texas Age Verification Law  is Currently Enforceable 

On November 14, 2023, the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. 

Distributing adult content without complying with the new law is punishable by a fine of up to $10,000 daily for failing to verify the age of users and a fine of up to $250,000 per day if at least one child is exposed to pornographic material.

Fast forward to February 2024. Texas Attorney General announced that his office is suing Aylo Global Entertainment, which owns Pornhub and other sites. Paxton sought a injuction against the company to require age appropriate age verification safeguards and potentally millions of dollars in civil penalties.

On March 7, the 5th Circuit Court of Appeals ruled that the age verification component of the law could stand, but ruled the law’s required health warning was unconsituational because it compelled speech.

In response, Pornhub stopped serving content to Texas users rather than forcing visitors to verify their identity and provide proof of their age. It’s not the first time Pornhub has cut off uers. It has also blocked visitors in North Carolina, Montana, and Utah. 

How Easy is it to Avoid Age Verification?

How effective is the legislation? Engadget reported searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.

when is porn illegal in texas

Is pornography legal in Texas?

It is generally legal for an adult in Texas to watch pornography depicting consenting adults. There are, however, instances where pornography can become illegal:

Child Pornography (Penal Code 43.26)

In Texas, it’s illegal to possess, produce, distribute, or promote any visual material that depicts a child younger than 18 years engaged in sexual conduct. The child pornography law is comprehensive and includes photographs, videos, digital images, and any other types of visual representation. Convictions under this statute can lead to severe penalties, including imprisonment and mandatory registration as a sex offender.

AI-Generated Pornography Depicting a Minor (Penal Code 43.26) 

With the advent of AI technology, it’s become possible to create realistic images or videos that did not originally exist. If AI generates pornographic content that includes the face, likeness, or other distinguishing features of a real child, it falls under the same category as traditional child pornography under Penal Code 43.26 and is treated with equal severity.

AI-Generated Pornography Using Child Images (Penal Code Section 43.261)

Texas law specifically addresses the issue of AI-generated pornography that utilizes the image of a child under 18, even if the final content doesn’t directly depict that child. This inclusion ensures that the law evolves with technology, prohibiting the exploitation of minors in all forms, even in digitally altered or AI-generated content.

Revenge Pornography (Penal Code Section 21.16)

Unlawful disclosure of intimate visual material, commonly known as revenge porn, involves distributing intimate images or videos of someone without their consent, typically with the intent to harm or harass. In Texas, this act is a violation of privacy and dignity and is punishable by law. The statute covers a range of conduct and includes protections for victims, such as the ability to seek damages.

Distributing Harmful Material to a Minor (Penal Code 43.24) 

It’s illegal in Texas to sell, distribute, or display harmful material to a minor. This law is designed to protect minors from exposure to explicit content that is deemed inappropriate for their age. Violations of this statute can lead to criminal charges, emphasizing the responsibility of individuals and entities in controlling access to such material.

Sexting Between Minors

While it’s less severe than other sexual offenses, sexting between minors is still a concern in Texas and is classified as a Class C misdemeanor. The state recognizes the need to address the behavior without imposing the harsh penalties associated with adult sex offenses. However, it’s crucial to approach these cases with sensitivity and an understanding of the broader legal and social context.

Obscene Display or Distribution (Penal Code 43.23)

Texas law prohibits the intentional or reckless display or distribution of obscene materials in a manner where others might be offended or alarmed. This statute reflects community standards regarding public decency and the protection of individuals from unwanted exposure to explicit content. Conviction can lead to a Class C misdemeanor charge, underscoring the importance of respecting public norms.

Sexual Performance by a Child (Penal Code Section 43.25)

Engaging a child under 18 in a sexual performance, or producing, directing, or promoting such material, is a grave offense in Texas. This law targets the exploitation of minors at a fundamental level, aiming to protect children from abuse and involvement in the adult entertainment industry. Violations can lead to significant legal consequences, including lengthy prison sentences and mandatory sex offender registration.

If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.