Sexual Performance by a Child

Under Texas law, it’s illegal to allow or encourage a child to participate in what is known as a “sexual performance” or engage in “sexual conduct.” In order for an act to be considered a “sexual performance,” the performance must include depictions of the child’s genitals or a portion of the female breast below the top of the areola. Adults who authorize, induce, or employ a minor to undergo such a performance could be subject to criminal prosecution.

It’s important to note that an individual can be charged with sexual performance of a child even if the minor does not participate in an act of sexual conduct. According to the statute, the performance can be the subject of prosecution if it simulates a sexual act or conduct. For example: if the performance suggests the child depicted is willing to engage in sexual activity by going into suggestive poses, then the adult could be charged with a crime.

To learn more about the crime of sexual performance by a child, contact The Law Office of Jackson F. Gorski.

Sexual Performance of a Child Attorney in Austin, TX

Have you been accused of sexual performance of a child under the Texas Penal Code? If so, it’s within your best interest to contact an experienced criminal defense attorney as soon as possible with The Law Office of Jackson F. Gorski. Jackson F. Gorski exclusively works in defense and has a special focus in sexually motivated offenses including sexual performance by a child. He can mount a sturdy defense designed to dissect the prosecution’s argument.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling our firm at 512-960-4646 or simply submit an online contact form. The Law Office of Jackson F. Gorski has offices in both Georgetown and Austin, but accepts clients throughout various counties including Travis County, Williamson County, Bell County, Bastrop County, Blanco County, Caldwell County, Hays County, Milam County, and Burnett County.


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Definition of Sexual Performance of a Child

In Texas, if a photograph, video, live act, etc. is determined to be a “sexual performance” then the person who created said performance will be the subject of prosecution. According to the Texas Penal Code Section 43.25, a person commits sexual performance by a child if, knowing the character and content thereof, employs, authorizes, or induces a child in sexual conduct or a sexual performance. In addition, a parent or legal guardian/custodian of a child commits an offense if they consent to the participation by the child in a sexual performance.

It’s important to note, a child in the context of sexual performance of a child is defined as a person under the age of 18 years old. In addition, and adult who contributes to the manufacture of a sexual performance by a child could also be prosecuted. The term “manufacture” means one of the following acts in relation to a sexual performance by a child.

  • Issuing the content to another person
  • Giving the content to another person
  • Lending the content to another
  • Delivering the content to another
  • Transmitting the content
  • Distributing the content
  • Disseminating the content
  • Exhibiting the content
  • Presenting the content
  • Circulating the content
  • Publishing the content
  • Transferring the content
  • Mailing the content
  • Providing the content to another
  • Selling the content
  • Procuring or purposefully taking possession of the content

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Penalties for Sexual Performance by a Child in Texas

The State of Texas imposes serious penalties on sexual performance by a child since the crime involves minors. According to the Texas Penal Code Section 43.25, an offense under this subsection is a felony of the second degree, which is punishable by up to 20 years in prison and a $10,000 fine. However, if the alleged victim is younger than the age of 14, then the crime will be elevated to a first-degree felony punishable by:

  • Minimum of five years in prison
  • Maximum of 99 years in prison
  • A fine of up to $10,000

Manufacturing a sexual performance by a child will also yield criminal penalties. The crime is a third-degree felony punishable by between two and ten years in prison as well as a $10,000 fine. The classification will be enhanced to a second-degree felony if the alleged victim of the performance was under the age of 14.


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Additional Resources

Enough is Enough – Visit the official website of the nonprofit and nonpartisan group known as Enough is Enough (EIE). Access the site to report a cybercrime, read through their research and resources, and learn how you can also take action in the initiative.

Sexual Performance by a Child | Texas Penal Code – Visit the official website for the Texas Penal Code to learn more about the crime of sexual performance by a child. Access the statutes to learn the elements of the crime, penalties of the crime, and admissible defenses.


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Austin Sexual Performance by a Child Lawyer | Texas Law Firm

If you or someone you know has been arrested or accused of conducting or manufacturing a sexual performance by a child, call The Law Office of Jackson F. Gorski. Sex crimes attorney Jackson F. Gorski will fight tirelessly for your rights throughout every step of the process. He has years of experience defending clients from high profile and serious sex crimes. No obstacle is foreign to him, so you can trust he is best prepared to take on your case.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling 512-960-4646 or simply submitting an online contact form. The Law Office of Jackson F. Gorski has two offices in both Austin and Georgetown, TX.


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