Section 43.25 is among the most serious offenses in the Texas Penal Code. Convictions carry long prison ranges and lifetime sex offender registration, and investigations are typically conducted with search warrants and forensic device examination before the accused is ever contacted.
If you are under investigation, do not speak to anyone and do not consent to a search of any device. Call (713) 703-1718.
What the Statute Covers
The section defines "sexual performance" as any performance or part of a performance that includes sexual conduct by a child younger than 18. Its principal offenses are:
- Inducing a sexual performance by a child — knowingly employing, authorizing, or inducing a child younger than 18 to engage in sexual conduct or a sexual performance;
- Producing, directing, or promoting a performance that includes sexual conduct by a child younger than 18, knowing its character and content;
- Consent by a parent or guardian to a child's participation, which the statute addresses expressly.
Punishment
| Conduct | Offense level |
|---|---|
| Inducing a sexual performance by a child | Second-Degree Felony (2 – 20 years) |
| Inducing, where the child is younger than 14 | First-Degree Felony (5 – 99 years or life) |
| Producing, directing, or promoting | Third-Degree Felony (2 – 10 years) |
| Producing, directing, or promoting, where the child is younger than 14 | Second-Degree Felony (2 – 20 years) |
A conviction is a registrable offense under Chapter 62 of the Code of Criminal Procedure, with registration obligations that are lifetime for the more serious variants, and carries restrictions on residency, employment, and internet use.
Statutory Defenses
The statute contains narrow affirmative defenses, including circumstances where the defendant was the spouse of the child at the time, where the conduct was limited to the defendant's own child, and a defense resting on a reasonable belief that the child was 18 or older where the defendant made a bona fide inquiry and relied on apparently valid identification. These provisions are technical, their availability depends on the specific subsection charged, and they should never be assumed without counsel's review of the indictment.
How These Cases Are Defended
The forensic examination. Most of these prosecutions rest entirely on digital evidence. Who possessed the device, who had access to the account, how files arrived, whether they were ever opened, and whether automatic caching or syncing explains their presence are all live issues requiring a defense forensic examiner.
The warrant. Search warrants for devices and accounts are frequently overbroad or supported by stale or conclusory affidavits. A successful suppression motion ends the case.
Identity and attribution. Shared computers, shared networks, prior owners of a device, and compromised accounts are real and provable.
Age and knowledge. The State must prove the child's age and the defendant's knowledge of the performance's character and content.
Related
- Section 43.26 — Possession or Promotion of Child Pornography
- Section 33.021 — Online Solicitation of a Minor
- Houston federal criminal defense — this conduct is frequently charged federally
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.