Penal Code · §43.25
Sexual Performance by a Child
Elements
- A person
- Knowing the character and content thereof
- Employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance; OR
- (For producing/promoting under §43.25(d–e)) Produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age
Penalty
Inducement under §43.25(b): Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33); First-degree felony if child is younger than 14 — 5 to 99 years or life + up to $10,000 fine (§12.32). Production/promotion under §43.25(d): Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34); Second-degree felony if child younger than 14 — 2 to 20 years + up to $10,000 fine (§12.33).
Enhancements
Sex offender registration required (Tex. Code Crim. Proc. ch. 62). Affirmative defense available for spouse-of-child situations under §43.25(f) and for educational/medical contexts.