Penal Code · §43.26
Possession of Child Pornography
Elements
- A person
- Knowingly or intentionally
- Possesses, or knowingly or intentionally accesses with intent to view
- 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, including a child who engages in sexual conduct as a victim of an offense under §20A.02 (trafficking)
- (Knows or should have known that the depiction is of a child younger than 18 at the time the image was made)
Penalty
Third-degree felony base — 2 to 10 years TDCJ + up to $10,000 fine (§43.26(c-1), §12.34). Second-degree felony with one prior conviction (under ch. 43 or for a reportable sex offense) or 10 to 49 depictions; first-degree felony with two or more prior convictions or 50 or more depictions (§43.26(c-1)). Promotion or possession with intent to promote (§43.26(e)) is graded higher; the current text carries two 2025 versions of that grading.
Enhancements
Sex offender registration required. Each item of visual material may be charged as a separate offense. Federal charges under 18 U.S.C. §2252 may apply concurrently.