Texas § 39.15 DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.

Texas Statutes

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

Texas § 39.15

Code CRCode of Criminal Procedure

This text of Texas § 39.15 (DISCOVERY OF 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. § 39.15 (2026).

Text

Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.

(a)In the manner provided by this article, a court shall allow discovery under Article 39.14 of 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)Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45 .

(c)A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection

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Art. 39.15. DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR. (a) In the manner provided by this article, a court shall allow discovery under Article 39.14 of 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) Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45 .
(c) A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.
(d) For purposes of Subsection (c), property or material is considered to be reasonably available to the defendant if, at a facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial.

Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

(Court of Appeals of Texas, 2025)

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595 ), Sec. 3, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407 ), Sec. 9, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407 ), Sec. 10, eff. September 1, 2011. Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621 ), Sec. 3, eff. September 1, 2025.