{
  "batch": "174-texas-video-recording-and-obscenity-statutes",
  "articles": [
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_16_02_consent",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Penal Code: consent rule for recording audio during a two-person shoot",
      "summary": "[Unverified - being checked] Texas permits a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one party to it has given prior consent, making Texas a one-party-consent state for audio recording.",
      "body": "Texas permits a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one party to it has given prior consent, making Texas a one-party-consent state for audio recording.\n\nWhat Texas Legislative Council actually says:\n\n“(4)  a person not acting under color of law intercepts a wire, oral, or electronic communication, if:(A)  the person is a party to the communication; or(B)  one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;”\n\nNote: Quote is Penal Code 16.02(c)(4) verbatim from the official page. The recorder is typically a party to the conversation under (c)(4)(A), so a two-person shoot recording its own scene with any participant's consent is outside the offense; the defence fails only if the interception is for the purpose of committing an unlawful act. Texas is one-party, not all-party, for audio recording. The interception statute covers wire/oral/electronic communications, not video-only imagery (video is Penal Code 21.15).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.16.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(4)  a person not acting under color of law intercepts a wire, oral, or electronic communication, if:(A)  the person is a party to the communication; or(B)  one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;",
      "volatility": "medium",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "consent rule for recording audio during a two-person shoot",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 4, Chapter 16. Section text current through the 89th Legislature.",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "rules.content"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_16_02_penalty",
      "category": "Safety",
      "title": "Texas Penal Code: penalty class for unlawful interception",
      "summary": "Intercepting a wire, oral, or electronic communication in violation of Penal Code 16.02 is a felony of the second degree, unless committed under Subsection (d) (devices and ads) or (g), in which case it is a state jail felony.",
      "body": "Intercepting a wire, oral, or electronic communication in violation of Penal Code 16.02 is a felony of the second degree, unless committed under Subsection (d) (devices and ads) or (g), in which case it is a state jail felony.\n\nWhat Texas Legislative Council actually says:\n\n“(f)  An offense under this section is a felony of the second degree, unless the offense is committed under Subsection (d) or (g), in which event the offense is a state jail felony.”\n\nNote: Verbatim from official page.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.16.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(f)  An offense under this section is a felony of the second degree, unless the offense is committed under Subsection (d) or (g), in which event the offense is a state jail felony.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "penalty class for unlawful interception",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code Chapter 16",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "rules.enforcement"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_15_invasive_visual_recording",
      "category": "Safety",
      "title": "Texas Penal Code: video voyeurism / unlawful surveillance by recording",
      "summary": "Penal Code 21.15 (Invasive Visual Recording) makes it a state jail felony to photograph or record a visual image of another person's intimate area without consent where there is a reasonable expectation of privacy, or of a person in a place of reasonable expectation of privacy.",
      "body": "Penal Code 21.15 (Invasive Visual Recording) makes it a state jail felony to photograph or record a visual image of another person's intimate area without consent where there is a reasonable expectation of privacy, or of a person in a place of reasonable expectation of privacy.\n\nWhat Texas Legislative Council actually says:\n\n“(b)  A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;(2)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another person in a place in which a person has a reasonable expectation of privacy; or(3)  knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).(c)  An offense under this section is a state jail felony.”\n\nNote: Verbatim from official page. Because the offence requires 'without the other person's consent', a consensual two-person shoot that records only its own participants with consent is outside it; the 2025 amendment added consent-sign provisions for places of reasonable expectation of privacy (Subsection (e)).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(b)  A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;(2)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another person in a place in which a person has a reasonable expectation of privacy; or(3)  knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).(c)  An offense under this section is a state jail felony.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "video voyeurism / unlawful surveillance by recording",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21. Amended by Acts 2025, 89th Leg., Ch. 248 (H.B. 1465).",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.privacy"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_16_nc_ii_deepfake_gap",
      "category": "Safety",
      "title": "Texas Penal Code: distribution head: what 21.16 requires and does not require",
      "summary": "Penal Code 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material) makes it a state jail felony to disclose intimate visual material without the depicted person's effective consent, with intent to harm, knowing it was obtained or created under an expectation of privacy, where the disclosure causes harm and reveals the person's identity.",
      "body": "Penal Code 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material) makes it a state jail felony to disclose intimate visual material without the depicted person's effective consent, with intent to harm, knowing it was obtained or created under an expectation of privacy, where the disclosure causes harm and reveals the person's identity.\n\nWhat Texas Legislative Council actually says:\n\n“(b)  A person commits an offense if:(1)  without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;(2)  at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;(3)  the disclosure of the visual material causes harm to the depicted person; and(4)  the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:(A)  any accompanying or subsequent information or material related to the visual material; or(B)  information or material provided by a third party in response to the disclosure of the visual material.”\n\nNote: Verbatim from official page. This section covers real (lawful) intimate visual material; synthetic/altered 'deep fake' depictions are a separate offence, Penal Code 21.165, recorded separately.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(b)  A person commits an offense if:(1)  without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;(2)  at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;(3)  the disclosure of the visual material causes harm to the depicted person; and(4)  the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:(A)  any accompanying or subsequent information or material related to the visual material; or(B)  information or material provided by a third party in response to the disclosure of the visual material.",
      "volatility": "medium",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "distribution head: what 21.16 requires and does not require",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21. Added by Acts 2015 S.B. 1135; amended by Acts 2025, 89th Leg., Ch. 847 (S.B. 1621",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.harm",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_16_consent_to_create_not_a_defense",
      "category": "Safety",
      "title": "Texas Penal Code: consent to create the image is not a defence to later disclosure",
      "summary": "Under Penal Code 21.16 it is not a defence to a disclosure offence that the depicted person created or consented to the creation of the visual material or voluntarily transmitted it to the actor.",
      "body": "Under Penal Code 21.16 it is not a defence to a disclosure offence that the depicted person created or consented to the creation of the visual material or voluntarily transmitted it to the actor.\n\nWhat Texas Legislative Council actually says:\n\n“(e)  It is not a defense to prosecution under this section that the depicted person:(1)  created or consented to the creation of the visual material; or (2)  voluntarily transmitted the visual material to the actor.”\n\nNote: Verbatim from official page. A release signed for a shoot does not by itself defeat 21.16 if the other elements are later met, so distribution decisions should track the effective-consent and intent-to-harm elements of (b).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(e)  It is not a defense to prosecution under this section that the depicted person:(1)  created or consented to the creation of the visual material; or (2)  voluntarily transmitted the visual material to the actor.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "consent to create the image is not a defence to later disclosure",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code Chapter 21",
      "tags": {
        "lane": "explicit_solo",
        "stage": "setting_up",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.coperformer",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_16_penalty",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Penal Code: penalty class for intimate-visual-material disclosure",
      "summary": "[Unverified - being checked] An offence under Penal Code 21.16 (disclosing or promoting another person's intimate visual material) is a state jail felony.",
      "body": "An offence under Penal Code 21.16 (disclosing or promoting another person's intimate visual material) is a state jail felony.\n\nWhat Texas Legislative Council actually says:\n\n“(g)  An offense under this section is a state jail felony.”\n\nNote: Verbatim from official page.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(g)  An offense under this section is a state jail felony.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "penalty class for intimate-visual-material disclosure",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code Chapter 21",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.harm",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_165_deepfake",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Penal Code: non-consensual synthetic / altered intimate images",
      "summary": "[Unverified - being checked] Since September 1, 2023, Penal Code 21.165 (Unlawful Production or Distribution of Certain Sexually Explicit Media) makes it an offence to knowingly produce or distribute by electronic means 'deep fake media' that appears to depict a person with computer-generated intimate parts or engaging in sexual conduct the person did not engage in, without the effective consent of the person appearing to be depicted.",
      "body": "Since September 1, 2023, Penal Code 21.165 (Unlawful Production or Distribution of Certain Sexually Explicit Media) makes it an offence to knowingly produce or distribute by electronic means 'deep fake media' that appears to depict a person with computer-generated intimate parts or engaging in sexual conduct the person did not engage in, without the effective consent of the person appearing to be depicted.\n\nWhat Texas Legislative Council actually says:\n\n“(b)  A person commits an offense if, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means deep fake media that appears to depict the person:(1)  with visible computer-generated intimate parts or with the visible intimate parts of another human being as the intimate parts of the person; or(2)  engaging in sexual conduct in which the person did not engage.”\n\nNote: Verbatim from official page. This is the Texas provision that reaches synthetic or altered (deep fake) depictions; the 2025 amendment (89th Leg., Ch. 1133, S.B. 441) added Subsections (b-1) through (c-5). A listed disclaimer or label that the media is not authentic is not a defence (c-2).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(b)  A person commits an offense if, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means deep fake media that appears to depict the person:(1)  with visible computer-generated intimate parts or with the visible intimate parts of another human being as the intimate parts of the person; or(2)  engaging in sexual conduct in which the person did not engage.",
      "volatility": "high",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "non-consensual synthetic / altered intimate images",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_17_voyeurism",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Penal Code: voyeurism (observation without recording)",
      "summary": "[Unverified - being checked] Penal Code 21.17 (Voyeurism) makes it a Class A misdemeanor to observe another person without consent, including remotely by electronic means, with intent to arouse or gratify the actor's sexual desire, while the person is in a dwelling or structure in which they have a reasonable expectation of privacy.",
      "body": "Penal Code 21.17 (Voyeurism) makes it a Class A misdemeanor to observe another person without consent, including remotely by electronic means, with intent to arouse or gratify the actor's sexual desire, while the person is in a dwelling or structure in which they have a reasonable expectation of privacy.\n\nWhat Texas Legislative Council actually says:\n\n“(a)  A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.”\n\nNote: Verbatim from official page. Covers observation; recording/handling of images falls under 21.15 and 21.16.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(a)  A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "voyeurism (observation without recording)",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21. Redesignated from former 21.16 by Acts 2017.",
      "tags": {
        "lane": "cam_nonnude",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_07_public_lewdness",
      "category": "Safety",
      "title": "Texas Penal Code: public lewdness in a filmed performance",
      "summary": "Penal Code 21.07 (Public Lewdness) makes it a Class A misdemeanor (felony of the third degree for a civilly committed sexually violent predator) knowingly to engage in sexual intercourse, deviate sexual intercourse, or sexual contact in a public place, or in a non-public place while reckless about another being present who would be offended or alarmed.",
      "body": "Penal Code 21.07 (Public Lewdness) makes it a Class A misdemeanor (felony of the third degree for a civilly committed sexually violent predator) knowingly to engage in sexual intercourse, deviate sexual intercourse, or sexual contact in a public place, or in a non-public place while reckless about another being present who would be offended or alarmed.\n\nWhat Texas Legislative Council actually says:\n\n“(a)  A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:(1)  act of sexual intercourse;(2)  act of deviate sexual intercourse; or(3)  act of sexual contact.”\n\nNote: Verbatim from official page. A filmed scene shot outdoors or where the public can see it can run into the public-place branch; a private set stays outside it unless the actors are reckless about an offended bystander present.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(a)  A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:(1)  act of sexual intercourse;(2)  act of deviate sexual intercourse; or(3)  act of sexual contact.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "public lewdness in a filmed performance",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_21_08_indecent_exposure",
      "category": "Safety",
      "title": "Texas Penal Code: indecent exposure in a filmed performance",
      "summary": "Penal Code 21.08 (Indecent Exposure) makes it a Class B misdemeanor to expose the anus or any part of the genitals with intent to arouse or gratify sexual desire while reckless about whether another is present who will be offended or alarmed.",
      "body": "Penal Code 21.08 (Indecent Exposure) makes it a Class B misdemeanor to expose the anus or any part of the genitals with intent to arouse or gratify sexual desire while reckless about whether another is present who will be offended or alarmed.\n\nWhat Texas Legislative Council actually says:\n\n“(a)  A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.”\n\nNote: Verbatim from official page. Public lewdness and indecent exposure both depend on 'reckless about whether another is present who will be offended or alarmed', so a private, closed set is the configuration that keeps a filmed performance outside them.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.21.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(a)  A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "indecent exposure in a filmed performance",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 5, Chapter 21. Amended by Acts 2025, 89th Leg., Ch. 204 (H.B. 1620) and Ch. 1145 (S.B. 1610).",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_43_21_obscenity_definition",
      "category": "Safety",
      "title": "Texas Penal Code: obscenity definitions (Miller test)",
      "summary": "Penal Code 43.21 defines 'Obscene' using the three-part contemporary-community-standards test (prurient interest, patently offensive depictions or descriptions of ultimate sex acts and lewd genitals, and no serious literary, artistic, political or scientific value), and defines 'Promote' as manufacturing through advertising, including offering or agreeing.",
      "body": "Penal Code 43.21 defines 'Obscene' using the three-part contemporary-community-standards test (prurient interest, patently offensive depictions or descriptions of ultimate sex acts and lewd genitals, and no serious literary, artistic, political or scientific value), and defines 'Promote' as manufacturing through advertising, including offering or agreeing.\n\nWhat Texas Legislative Council actually says:\n\n“(1)  \"Obscene\" means material or a performance that:(A)  the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;(B)  depicts or describes:(i)  patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality;  or(ii)  patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs;  and(C)  taken as a whole, lacks serious literary, artistic, political, and scientific value.”\n\nNote: Verbatim from official page. Section text stable since the 1994 codification; definitions underpin 43.22 and 43.23.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.43.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(1)  \"Obscene\" means material or a performance that:(A)  the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;(B)  depicts or describes:(i)  patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality;  or(ii)  patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs;  and(C)  taken as a whole, lacks serious literary, artistic, political, and scientific value.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "obscenity definitions (Miller test)",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 9, Chapter 43, Subchapter B. Obscenity",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_43_22_obscene_display_distribution",
      "category": "Safety",
      "title": "Texas Penal Code: obscene display or distribution (Class C misdemeanor)",
      "summary": "Penal Code 43.22 (Obscene Display or Distribution) makes it a Class C misdemeanor intentionally or knowingly to display or distribute an obscene photograph, drawing, or similar visual representation or other obscene material while reckless about whether a person is present who will be offended or alarmed.",
      "body": "Penal Code 43.22 (Obscene Display or Distribution) makes it a Class C misdemeanor intentionally or knowingly to display or distribute an obscene photograph, drawing, or similar visual representation or other obscene material while reckless about whether a person is present who will be offended or alarmed.\n\nWhat Texas Legislative Council actually says:\n\n“(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.”\n\nNote: Verbatim from official page. Offsetting factor for creators: because the offence requires recklessness about an offended person being present, arms-length online sales to adult buyers who are not physically present do not satisfy that element; Texas's main promotion-of-obscenity offence is 43.23.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.43.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(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.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "obscene display or distribution (Class C misdemeanor)",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 9, Chapter 43, Subchapter B. Obscenity",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_penalcode_43_23_obscenity",
      "category": "Safety",
      "title": "Texas Penal Code: promotion and production of obscenity",
      "summary": "Penal Code 43.23 (Obscenity) makes it a Class A misdemeanor to promote or possess with intent to promote obscene material or obscene devices, or to produce, present, or direct an obscene performance or participate in a portion of one that is obscene; wholesale promotion is a state jail felony.",
      "body": "Penal Code 43.23 (Obscenity) makes it a Class A misdemeanor to promote or possess with intent to promote obscene material or obscene devices, or to produce, present, or direct an obscene performance or participate in a portion of one that is obscene; wholesale promotion is a state jail felony.\n\nWhat Texas Legislative Council actually says:\n\n“(c)  A person commits an offense if, knowing its content and character, he:(1)  promotes or possesses with intent to promote any obscene material or obscene device;  or(2)  produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.”\n\nNote: Verbatim from official page. Because 'obscene' (43.21(a)(1)) requires prurient-interest appeal plus patently offensive depictions plus no serious value, a performer's consensual pay content stays outside this offence unless the material also meets the Miller test under contemporary community standards; the 'bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose' affirmative defence is in Subsection (g).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PE/htm/PE.43.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "(c)  A person commits an offense if, knowing its content and character, he:(1)  promotes or possesses with intent to promote any obscene material or obscene device;  or(2)  produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Penal Code",
      "topic": "promotion and production of obscenity",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Penal Code, Title 9, Chapter 43, Subchapter B. Obscenity",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_propertycode_26_002_right_of_publicity",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Property Code: right of publicity (after death)",
      "summary": "[Unverified - being checked] Texas Property Code, Chapter 26 provides that an individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual, and that unauthorized use requires the written consent of a person who may exercise the right.",
      "body": "Texas Property Code, Chapter 26 provides that an individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual, and that unauthorized use requires the written consent of a person who may exercise the right.\n\nWhat Texas Legislative Council actually says:\n\n“Sec. 26.002.  PROPERTY RIGHT ESTABLISHED.  An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.”\n\nNote: Verbatim from official page. This is the only statutory right of publicity in Texas and it applies only after death; use of a deceased individual's persona for products or advertising needs the owner's written consent (26.011), with permitted uses in 26.012 (news, plays, films, art, etc.).",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/resources/PR/htm/PR.26.htm",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "Sec. 26.002.  PROPERTY RIGHT ESTABLISHED.  An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual.",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Property Code",
      "topic": "right of publicity (after death)",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Property Code, Title 4, Chapter 26",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r174_texas_video_recording_and_obscenity_statutes_texas_propertycode_26_no_statutory_publicity_right_for_living",
      "category": "Safety",
      "title": "[Unverified - being checked] Texas Property Code: absence: no statutory right of publicity for living individuals",
      "summary": "[Unverified - being checked] No Texas statute creates a right of publicity or commercial appropriation for a living individual in general; the only statutory publicity right in the Texas Property Code, Chapter 26, is titled and framed for deceased individuals and does not affect rights a person may have before death (Section 26.014).",
      "body": "No Texas statute creates a right of publicity or commercial appropriation for a living individual in general; the only statutory publicity right in the Texas Property Code, Chapter 26, is titled and framed for deceased individuals and does not affect rights a person may have before death (Section 26.014).\n\nWhat Texas Legislative Council actually says:\n\n“{\"name\":\"CHAPTER 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS\",\"ahid\":\"53808\",\"hid\":\"62540\",\"url\":\"https://tcss.legis.texas.gov/resources/PR/htm/PR.26.htm#\"}”\n\nNote: ABSENCE RECORD, confidence forced to contested. Sources opened 2026-09-12: (1) the full official Property Code Chapter 26 at tcss.legis.texas.gov/resources/PR/htm/PR.26.htm, where 26.002 limits the right to 'after the death of the individual' and 26.014 says 'This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the death of the individual.'; (2) the official Property Code chapter index returned by the state's own GetStatuteArray API (evidence_quote, above), whose only publicity-related listing is Chapter 26 named for DECEASED individuals. Search terms tried: 'right of publicity', 'publicity', 'name, voice, signature, photograph, or likeness'. The Texas Secretary of State FAQ (sos.texas.gov/statdoc/faqs3700.shtml) and the Texas Governor's Office (gov.texas.gov/music) page both describe the statutory right as post-mortem only. Nothing applying a publicity right to a living individual was found in the official index; living-person protection is the common-law misappropriation tort. This is an absence inferred from an index plus the two disclaiming sections, so treat as weaker than quoted operative text.",
      "source_type": "official",
      "source_link": "https://tcss.legis.texas.gov/api/GetStatuteArray/GetStatuteArray/PR/PR/null/null/null/null/null/null/null/null/htm",
      "last_verified": "2026-09-12",
      "reliability": "CREATOR STRATEGY",
      "source_tier": "A",
      "source_publisher": "Texas Legislative Council",
      "evidence_quote": "{\"name\":\"CHAPTER 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS\",\"ahid\":\"53808\",\"hid\":\"62540\",\"url\":\"https://tcss.legis.texas.gov/resources/PR/htm/PR.26.htm#\"}",
      "volatility": "low",
      "from_batch": "174-texas-video-recording-and-obscenity-statutes",
      "subject": "Texas Property Code",
      "topic": "absence: no statutory right of publicity for living individuals",
      "applies_to_country": "us",
      "applies_to_scope": "Texas Property Code, Title 4; searched for a living-person publicity provision",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-tx"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "rules.content"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}