Sale, Distribution, or Display of Harmful Material to a Minor Lawyer
Selling, distributing, or displaying harmful material to minors is a serious offense under Texas law. This law is designed to protect children from exposure to inappropriate content that could adversely affect their emotional and mental well-being.
If you’ve been charged with sale, distribution, or display of harmful material in Texas, the Law Offices of Ned Barnett can help. We’ll explain your legal options and fight to clear your name.
Call (713) 222-6767 today or contact us for a free, confidential consultation.
Texas Laws on Sale, Distribution, or Display of Harmful Material to a Minor
Texas Penal Code Section 43.24 outlines the prohibitions against the sale or distribution of harmful material to minors. Key terms in this statute include:
- “Sale”: Any exchange of material for compensation, including money or services.
- “Distribution”: The act of delivering or providing harmful material, regardless of whether there is an exchange.
- “Minor”: Any person under the age of 18 years.
What Is Considered “Harmful Material”?
Under Texas law, “harmful material” is defined as content that:
- Appeals to the prurient interest of minors.
- Is patently offensive to prevailing community standards with respect to what is suitable for minors.
- Lacks serious literary, artistic, political, or scientific value.
Examples of materials considered harmful include pornographic literature or magazines, explicit films or videos, and obscene images or illustrations.
Criminal Penalties for Sale, Distribution, or Display of Harmful Material to a Minor
The penalties for violating Texas Penal Code Section 43.24 can be severe. Typically, the offense is classified as a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000.
However, the charge can be elevated to a third-degree felony if the material involved is particularly egregious, or if the defendant has prior convictions. In this case, a conviction can carry prison time of up to 10 years and a maximum fine of $10,000.
Additional Consequences of a Conviction for Sale, Distribution, or Display of Harmful Material to a Minor
In addition to criminal penalties, a conviction for selling or distributing harmful material to a minor can have repercussions you may not have considered. For example, being labeled as someone who distributes harmful materials could harm your reputation and strain your personal relationships.
A conviction could also jeopardize employment opportunities, especially in fields that involve children or vulnerable populations.
Defenses Against Sale, Distribution, or Display of Harmful Material to a Minor Charges
There are several defenses that can be raised against charges under Texas Penal Code Section 43.24, such as:
- Educational or Artistic Context: If the material was distributed in a legitimate educational, scientific, governmental, or artistic context, the exposure may not have been intended to be harmful.
- Spousal Defense: If the defendant was married to the minor at the time of the alleged offense, this can serve as an affirmative defense.
However, these defenses may not work in every case. A criminal defense attorney can assess the specifics of your circumstances and develop an effective defense strategy.
How an Attorney Can Help with Sale, Distribution, or Display of Harmful Material to a Minor
A skilled criminal defense attorney in Texas can help you fight charges for sale or distribution of harmful material to a minor in several ways. An lawyer can:
- Analyze the evidence against you and identify potential weaknesses in the prosecution’s case.
- Help you understand the legal implications of the charges and the potential consequences of a conviction.
- Advocate on your behalf, working to negotiate a plea, alternative sentencing, or reduced or dismissed charges.
Having professional legal representation can significantly influence the outcome of your case and help mitigate the impact of the charges on your life.
FAQs about Sale, Distribution, or Display of Harmful Material to a Minor Charges
Does this law apply to digital and online content?
Yes, the law covers all forms of material distribution, including digital media, social media, text messages, emails, and physical materials like printed documents or physical media.
What if I didn’t know that the minor saw the harmful material?
Under Texas law, a lack of knowledge that a minor saw the harmful material may not serve as a valid defense. The statute focuses on the act of selling or distributing harmful material to minors, regardless of the defendant’s awareness of the recipient’s age or exposure.
What is the statute of limitations for sale or distribution of harmful material?
For misdemeanor charges, the statute of limitations is two years. Felony level charges have a limitations period of three years.
Do you have to register as a sex offender if convicted of sale or distribution of harmful material to a minor?
Currently, this offense does not require sex offender registration under Chapter 62 of the Texas Penal Code.
Charged with Sale or Distribution of Harmful Material to a Minor? Call the Law Offices of Ned Barnett
If you or someone you know is accused or charged with the sale or distribution of harmful material, don’t wait to act or try to fight the charges on your own. Contact the Law Offices of Ned Barnett right away. Attorney Barnett has 30+ years of experience defending clients in situations like yours.
Call (713) 222-6767 or contact us today to schedule a free consultation.