Obscene Display or Distribution

In the state of Texas, displaying or distributing obscene material can come with criminal consequences. To understand what might constitute an offense of displaying or distributing obscene material, it’s important to understand what makes material obscene. Texas defines material as obscene by using a three-prong test, with subparts.

What is considered Obscene?

The state defines obscene material as something the average person would agree appeals to a “prurient interest” in sex. Additionally, obscene material either describes in words or shows in pictures sexual acts. These acts may be actual or simulated acts and are not limited to sexual intercourse. Acts may expand to both sodomy and bestiality or are descriptions or pictures showing masturbation, sadism, masochism, a lewd showing of genitals, including an erect penis – even if covered by clothing or some other material where the erection is obvious, certain objects designed primarily for sexual stimulation, and some other acts. Finally, in determining whether material is obscene under Texas law, the description or picture must lack value as literature or art, as well as scientific or political value.

When someone intentionally displays such obscene material or distributes a photograph, drawing, or other obscene material without regard to whether another person present will be offended or alarmed by such a showing, they commit the crime of obscene display or distribution.  In addition to displaying such material intentionally, if a person knowingly displays or distributes such material in a reckless manner, they can be charged under the statute.

Display or distribution of obscene material is a Class C misdemeanor in Texas. This means it is punishable by a fine of up to $500.00.

Contact Us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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Penal Code Sec. 43.22

OBSCENE DISPLAY OR DISTRIBUTION

(a)  A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

(b)  An offense under this section is a Class C misdemeanor.

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