LEGAL CONSEQUENCES FOR ONLINE OFFENSES
Updated 10/21/08
• If a person, age 17 and older, sends an email or text message or other electronic message
service/system and intentionally communicates in a sexually explicit manner
(communication, language, materials, including a photo or video image) with a minor, under
age 17, or distributes sexually explicit material to a minor. Pentalty: 3rd degree felony
= prison not more than 10 years or less than 2 years & may be punished by a fine
not to exceed $10,000 or a 2nd degree felony if minor is younger age 14.
Source: TX Penal Code 33.021
A person commits an offense if he/she, by email, text message, or other electronic
message system, knowingly solicits a minor to meet another person with the intent that
the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse with
him/her or another person. Penalty: 3rd degree felony = prison not more than 10
years or less than 2 years & may be punished by a fine not to exceed $10,000 or a
2nd degree felony if minor is younger age 14. Source: TX Penal Code 33.021
• If an adult sends pornographic photos of a child to a minor (under age 17)
Penalty: 5 to 20 years in prison plus a fine (2nd or 3rd degree felony)
Source: TX Penal Code 33.021
• If a minor child takes a pornographic picture of him/herself and forwards the picture via
cell phone to someone else and that person forwards the picture to others, then all
people involved could potentially face federal criminal charges.
Penalty = up to 20 years in prison plus a fine up to $10,000
• If a minor (under age 17) or adult sends harassing emails/text messages to another minor
that threatens imminent bodily injury is an assault under TX law, which is a Class A or
Class C misdemeanor.
Class A= Fine not to exceed $4,000, jail not to exceed 1 year, both fine and jail.
Class C = Fine not to exceed $500.
Source: TX Penal Code 22.01(s)(2)
• Improper videotaping of people in bathroom or private dressing room is illegal.
Penalty = State jail felony of 180 days up to 2 years in jail and a fine up to
$10,000 Source: TX Penal Code 21.15
**Remember: 17 & 18 year olds are considered adults and what they send to a minor can get
them into trouble with the law. These violations will stay on their record permanently.
Sources: Underwood Law Firm and Vega District Attorney’s Office