Sexting is the latest moral panic du jour. In Texas, we have decided that the best way to produce healthy young adults is for the State to criminalize normal consensual teen behavior. Lest our young adults grow up without a healthy fear for the arbitrary and limitless power of law enforcement. Like Lenny and his rabbits sometimes the State can care too much.
How much does Texas love our young adults? Let us count the ways teenagers can be destroyed by the State for sexting.
While you won't find "sexting" in the penal code, the act of sending nude pics of teens violates a few statutes. The first is possession of child pornography.
§ 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (a) A person commits an offense if: (1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and
First, what is the affirmative defense under 43.25(f)? Basically, cops (acting in an official capacity), spouses, and those within 2 years of age of the child have a defense at trial. Like all affirmative defenses the defendant can still be arrested and prosecuted for the offense.
My question is why just a two year window? Compare this to the affirmative defense to having sex with someone under 17 which has a 3 year "Romeo and Juliet" affirmative defense. According to our laws, it's worse for a 18 year old to look at a naked 15 year old on his cell phone, than it is for that 18 year old to have sex with that 15 year old. A strange sense of morality this penal code has.
If the State decides not to go the child porn route they sexters could also be charged with obscenity.
§ 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device. (b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony. (c) A person commits an offense if, knowing its content and character, he: (1) promotes or possesses with intent to promote any obscene material or obscene device; or (2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity. (d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor.
Children are sexually confused and frustrated enough in Texas without having to worry about the State's Mutaween. Parents, not cops and prosecutors, should define what is acceptable for their children.
Keith H. Clements a former Redoak, TX. reserve police officer is a snitch/informant for the US Government! He is addicted to prescription pain medication and is setting up his friends in federal drug conspiracy cases to be able to afford his drugs. He is a true scum bag who is currently living in Barranquilla Columbia with his wife Darlene Clements. Can you imagine an american citizen living in Barranquilla Columbia who is being an informant for the government? What an idiot! Please provide any information you may have on Keith Clements from Redaok and Dallas Texas.