Texas § 38.45 EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.

Texas Statutes

§ 38.45 — EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.

Texas § 38.45

Code CRCode of Criminal Procedure

This text of Texas § 38.45 (EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 38.45 (2026).

Text

Art. 38.45. EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.

(a)During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public property or material:

(1)that constitutes child pornography, as described by Section 43.26 (a-1)(1) or (a-2)(2), Penal Code;

(2)the promotion or possession of which is prohibited under Section 43.261 , Penal Code; or

(3)that is described by Section 2 or 5, Article 38.071 , of this code.

(b)The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.

(c)The attorney representing the state shall be provided access to property or material described by

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Art. 38.45. EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR. (a) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public property or material:
(1) that constitutes child pornography, as described by Section 43.26 (a-1)(1) or (a-2)(2), Penal Code;
(2) the promotion or possession of which is prohibited under Section 43.261 , Penal Code; or
(3) that is described by Section 2 or 5, Article 38.071 , of this code.
(b) The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c) The attorney representing the state shall be provided access to property or material described by Subsection (a). In the manner provided by Article 39.15 , the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to property or material described by Subsection (a).
(d) A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595 ), Sec. 1, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407 ), Sec. 7, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407 ), Sec. 8, eff. September 1, 2011. Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621 ), Sec. 2, eff. September 1, 2025.