Texas sexual performance by a child — Penal Code § 43.25
Texas sexual performance by a child is a criminal offense under Penal Code § 43.25. Base conduct is classified as a second-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 43.25 criminalizes employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance, OR producing, directing, or promoting such a performance. The statute is among the most severe non-capital sex offenses in Texas — it explicitly targets the production side of child exploitation and carries lifetime
Classification: Second-degree felony to first-degree felony
Punishment range: 2nd-degree felony (2-20 years) base; 1st-degree felony (5-99 years or life) when victim under 14
The controlling statute
Texas Penal Code § 43.25 criminalizes employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance, OR producing, directing, or promoting such a performance. The statute is among the most severe non-capital sex offenses in Texas — it explicitly targets the production side of child exploitation and carries lifetime sex offender registration.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 43.25 |
| Cluster | Sex Crimes / Indecency |
| Classification | Second-degree felony to first-degree felony |
| Range | 2nd-degree felony (2-20 years) base; 1st-degree felony (5-99 years or life) when victim under 14 |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 43.25 charge, the State must prove every element beyond a reasonable doubt:
- Defendant employed, authorized, induced, or produced the conduct
- Victim was a child younger than 18
- Conduct constituted "sexual conduct" OR "sexual performance" as defined
- Defendant's mental state met the statutory standard (knowing, intentional)
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Sexual Performance by a Child case:
- Affirmative defense under § 43.25(f) — defendant believed the child was 18 or older
- No "sexual performance" or "sexual conduct" as statutorily defined
- Lack of employment, authorization, inducement, or production proven
- Forensic challenges to age determination (when actual age is contested)
- First Amendment defenses for protected expressive content (limited)
- Suppression of recording or transmission seized without warrant
Enhancements & collateral consequences
Section 43.25(c) makes the offense a 1st-degree felony if the victim is younger than 14 — 5 to 99 years or life TDCJ. Lifetime sex offender registration under CCP Chapter 62 applies. Federal prosecution under 18 U.S.C. § 2251 (production of child pornography) often parallel.
Key Legal Terms
- Sexual Performance (§ 43.25(a)(1))
- Any performance or part thereof that includes sexual conduct by a child younger than 18 — includes play, motion picture, photograph, dance, or other visual representation.
- Sexual Conduct (§ 43.25(a)(2))
- Sexual intercourse, deviate sexual intercourse, sadomasochistic abuse, masturbation, bestiality, or lewd exhibition of the genitals, anus, or any female breast of a person younger than 18.
- Lifetime Registration (CCP Ch. 62)
- Sexual performance by a child triggers lifetime sex offender registration. The conviction also triggers federal SORNA Tier II or III.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is sexual performance by a child in Texas?
Is the age 17 or 18 for sexual performance offenses in Texas?
What is the difference between § 43.25 and § 43.26 child pornography possession?
Can mistake of age be a defense to sexual performance by a child charges?
Does sexual performance by a child require federal prosecution?
References & Authoritative Sources
About the Authors
Charged with Texas Sexual Performance by a Child? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060