TEXAS CODE OF CRIMINAL PROCEDURE

CHAPTER TPC §43.26(a)

POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.  (a)  A person commits an offense if:
(1)  the person knowingly or intentionally possesses 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
(2)  the person knows that the material depicts the child as described by Subdivision (1).
(b)  In this section:
(1)  "Promote" has the meaning assigned by Section 43.25.
(2)  "Sexual conduct" has the meaning assigned by Section 43.25.
(3)  "Visual material" means:
(A)  any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide;  or
(B)  any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
(c)  The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.
(d)  An offense under Subsection (a) is a felony of the third degree.
(e)  A person commits an offense if:
(1)  the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1);  and
(2)  the person knows that the material depicts the child as described by Subsection (a)(1).
(f)  A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.
(g)  An offense under Subsection (e) is a felony of the second degree.