Can Rap Lyrics Convict You? What the Kansas Supreme Court Case Means Under Texas Law

A case now before the Kansas Supreme Court has reignited a question that criminal defense lawyers across the country have been fighting over for years: can the rap lyrics you write be used to send you to prison? In State of Kansas v. Deon Eugene Austin, the state used lyrics the defendant recited on a recorded jail phone call as evidence in a first-degree murder prosecution. On appeal, the defense argues those lyrics were “irrelevant and unfairly prejudicial” artistic expression—not a confession (Missouri Lawyers Media).

The Austin case is unfolding in Kansas, but the underlying legal fight is very much alive in Texas. As criminal defense attorneys in Frisco and the DFW area, we want to break down how this exact issue—creative lyrics offered as evidence of guilt—would play out under Texas law.

What Is Actually Being Argued in the Kansas Case

According to the reporting, prosecutors pointed to lyrics Austin created on two recorded jail calls, including a line they said tracked the ballistics evidence (“Check the mag after the clip, should be no slugs in the clip”). The defense countered that rap is frequently metaphorical, exaggerated, or “braggadocious,” that the lines were too vague to reference any specific crime, and that genre-typical phrases were being read literally to inflame the jury. One justice reportedly asked whether the same evidentiary fight would even exist if the words had appeared in a country song (Missouri Lawyers Media). That question—whether a particular genre is being singled out—sits at the heart of the national debate.

How Texas Courts Treat Rap Lyrics as Evidence

Texas does not have a blanket rule that bars song lyrics from a criminal trial. Instead, lyrics—like any other piece of proposed evidence—must clear a series of gates in the Texas Rules of Evidence before a jury ever hears them.

Relevance: Texas Rule of Evidence 401

First, the State must show the lyrics are relevant—that they make a fact of consequence (motive, identity, knowledge, intent) more or less probable. Generic boasts about violence, drugs, or guns that could describe almost anyone in the genre are weak on relevance. Lyrics that contain specific, non-public details mirroring the actual offense are far more dangerous to a defendant because the State will argue they show insider knowledge.

Unfair Prejudice: Texas Rule of Evidence 403

Even relevant lyrics can be excluded under Rule 403 if their probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury. This is the defense's strongest tool. The argument: violent or profane lyrics invite a jury to convict based on who they think the defendant is (his image, his persona) rather than on proof he committed the charged act. Texas appellate courts have recognized that art and entertainment lyrics carry a real risk of this kind of character-based prejudice.

Character Evidence: Texas Rule of Evidence 404

Rule 404(b) bars evidence offered only to prove a defendant has a bad or violent character and acted “in conformity” with it. Prosecutors get around 404(b) by offering lyrics for a non-character purpose—motive, opportunity, intent, identity, or absence of mistake. A skilled Texas defense lawyer forces the State to articulate exactly which permissible purpose the lyrics serve, and then argues the real purpose is the forbidden one: painting the defendant as a violent person.

The Judge as Gatekeeper

In Texas, the trial judge decides admissibility outside the jury's presence. That gatekeeping moment—often a pretrial motion in limine or a hearing under Rule 104—is where these cases are frequently won or lost. The defense goal is to keep inflammatory lyrics away from the jury entirely, or, failing that, to strip them of context, limit them, and obtain a limiting instruction telling jurors what they may and may not consider the lyrics for.

A Growing National Pushback

Concern that rap is treated differently than other art forms has driven legislative reform. California enacted a law in 2022 (often called the “Decriminalizing Artistic Expression Act”) requiring courts to weigh the risk of injecting racial bias before admitting creative expression, and a federal bill known as the RAP Act has been proposed in Congress. Texas has not adopted a dedicated statute of this kind, which makes the Rule 401/403/404 framework—and aggressive litigation of it—the front line for Texas defendants today.

What a Defendant in Frisco or DFW Should Take Away

If you create music, post lyrics online, or record verses, understand that prosecutors in Collin, Denton, Dallas, and Tarrant counties can and do try to introduce that material in a criminal case. Recorded jail calls are not private. Social media is not private. The single most important step is to involve experienced counsel early—before charges harden—so the admissibility fight can be staged on the best possible footing.

How L&L Law Group Can Help

At L & L Law Group, PLLC, we defend people accused of serious felonies, including violent offenses, throughout Frisco and the DFW area. When the State tries to turn a client's creative work, social media, or recorded statements into a confession, we challenge that evidence at every gate—relevance, unfair prejudice, and improper character use—and we hold the State to its burden. If you or someone you know is facing charges where lyrics, posts, or recorded calls are part of the case, contact us for a confidential consultation.