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By Benson Varghese

Published on: November 16th, 2013 at 11:01 AM
Last Updated: February 7th, 2020 at 8:44 PM

Sexual performance of a child is a criminal offense in Texas that prohibits an adult from inducing the depiction of child’s genitals or any portion of the female breast below the top of the areola. So this can range from asking a child for a “selfie” to a video. It’s important to point out that for Sexual Performance of a Child, a “child” is anyone under the age of 18, unlike many other criminal offenses where a child is defined as a person under the age of 17. Also note that this offense does not require any physical contact with the child.

It is, however, a second-degree felony if the child is between the age of 14 and under 18. The punishment range for a second-degree felony is 2-20 years in prison. If the child is under the age of 14, the offense is a first-degree felony, and the punishment range is 5-99 years or life in prison. If you are facing allegations, our skilled attorneys could listen to the nuances of your case and help you navigate the ensuing legal process.

What is Sexual Performance?

Sexual Performance is defined as “any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.” Any adult who shares the depiction with another is also guilty of the offense.

Are There Affirmative Defenses to Sexual Performance of a Child?

There are affirmative defenses to Sexual Performance of a Child. They include:

  • If the defendant and the child were married at the time.
  • There was a valid educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose.
  • The defendant is not more than two years older than the child. (This Romeo-Juliet provision is only 2 years, as opposed to the typical 3-year provision for most other offenses.)

Is Sex Offender Registration Required if Convicted of Sexual Performance of a Child?

Individuals convicted of sexual performance of a child must register as a sex offender for life. Learn more about sex offender registration in Texas. Sexual Performance by a child can be found in Penal Code 43.25.

Defend Against Allegations of Sexual Performance by a Minor in Fort Worth

If you are facing allegations involving sexual performance by a child in Fort Worth, reach out to a knowledgeable and experienced attorney at our firm for help navigating your case.