Recent changes in Texas laws have made Possession or Promotion of Child Pornography a “3G” offense.
The term “3G” refers to the most serious crimes, for which a judge cannot sentence someone to straight probation.
Simply put, child pornography convictions carry serious felony penalties, and for the more serious offense levels a judge cannot sentence someone to straight probation.
Read on to learn more about what a 3G offense is and how Texas law defines ‘child pornography.’
What is a ‘3G’ Offense in Texas?
In addition to Possession or Promotion of Child Pornography, other 3G offenses in Texas include:
- Murder
- Capital Murder
- Aggravated Kidnapping
- Trafficking of Persons
- Continuous Trafficking of Persons
- Indecency with a Child
- Sexual Assault
- Aggravated Sexual Assault
- Injury to a Child, Elderly Individual, or Disabled Individual, under certain circumstances
- Aggravated Robbery
- Burglary, under certain circumstances
- Aggravated Promotion of Prostitution
- Compelling Prostitution
- Sexual Performance by a Child
- Use of Child in Commission of Offense
- Manufacture or Delivery of Substance in Penalty Group 1-B
3G offenses are the most serious felony charges one can face in Texas.
What does ‘3G’ mean in Texas?
These offenses were historically grouped under Section 3g of Article 42.12 of the Texas Code of Criminal Procedure, which is where the “3G” label comes from.
Even though that part of the Code of Criminal Procedure has since been reorganized and these offenses are now listed in Article 42A.054, the “3G” label has stuck.
Accused of possessing or promoting child pornography?
If you face allegations of possessing or promoting child pornography, there are several steps you can take to preserve your legal rights.
Do not speak to law enforcement
Sitting down and having a conversation with police may seem like the rational thing to do, but doing so is not to your benefit.
Know that even mere allegations of child pornography can stir up strong emotions in police and other investigators. Law enforcement can be under immense pressure to break up child pornography rings and make arrests.
Nothing good will come from talking to the police, so invoke your right to remain silent and contact an attorney.
Do not agree to a voluntary search and seizure
Law enforcement may ask to see your phone, computer, or other electronic devices. Or, they may come to your home and ask to “take a look around.”
Investigators may even seem like they are helping you clear up your name. However, unless they have a valid search warrant, you should say a polite yet firm “no.”
Do contact a child pornography defense lawyer in Plano, Texas
Don’t wait to seek legal counsel if you’re accused of possessing child pornography or another 3G offense in Texas. Remember, these are serious charges and a judge cannot sentence you to straight probation.
How does Texas define ‘child pornography’?
When it comes to what is or is not child pornography, personal opinions do not matter in the court of law.
Section 43.26 of the Texas Penal Code defines child pornography as “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.”
And Section 43.25 of the Texas Penal Code further defines “sexual conduct” as “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.”
What is ‘promotion of child pornography’ in Texas?
According to Section 43.25 of the Texas Penal Code, “‘Promote’ means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.”
Defenses to Felony ‘3G’ Child Pornography Charges in Texas
There are possible affirmative defenses to possessing child pornography, including:
The accused is the depicted minor’s legal spouse. It is not a crime for a married couple to share sexual images of themselves with one another, even if one of them is a minor.
There was a lack of intent or knowledge. For example, the accused received an unsolicited email or text that they were unaware contained child pornography.
The law states that a crime is committed when “the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view” child pornography.
Close in age exemption. The accused is not more than two years older than the child.
Certain “bona fide” purposes. Images that are for an educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose may be exempt from criminal charges.
Possession of Child Pornography 3G Defense Attorney
Attorney Kent Starr has built a reputation for defending individuals facing serious charges, including 3G offenses. Feel free to watch past client testimonials and read through past client reviews.
Attorney Starr sticks with his clients for the long haul. He often represents clients for one or two years, or even longer, while he pursues the strongest possible outcome for their case.
Attorney Starr brings determination and experience to these cases. If bringing your case in front of a judge or jury is in your best interest, he has the skills, determination, and resources to do so.
Attorney Starr is happy to discuss how cases like yours generally proceed.
Attorney Starr is also a bail bonds attorney. If you have been arrested, one call to Starr Law, P.C. can start your legal representation and the bail process.
Contact Starr Law, P.C. today at 214-982-1408.
Related Articles
Possession and Distribution of Child Pornography: An overview of Texas law
What to Do When Accused of Child Pornography in Texas?
Resources
Texas Penal Code, Chapter 12. Punishments
Section 43.26. Possession Or Promotion Of Child Pornography
Article 42A.054. Limitation On Judge-Ordered Community Supervision
Frequently asked questions
- What is Texas Code of Criminal Procedure, Article 42A.054?
- Article 42A.054 is titled “Limitation On Judge-Ordered Community Supervision.” This article states that for certain crimes, a judge cannot sentence someone to straight probation.
- What is the prison sentence for child pornography?
- As of September 1, 2025, Texas overhauled its child pornography law (Section 43.26). It now treats material depicting a real child and AI- or computer-generated child material as separate offenses. Possession ranges from a state jail felony up to a first-degree felony, depending on the number of images, the age of the child depicted, prior convictions, and whether the material is of a real or a computer-generated child. Promotion is punished more harshly. Anyone convicted is also listed on the state and national sex offender registries.