Asked 6/27/17 – Fort Worth, TX

A craigslist ad, which specifies that whoever clicks on the banner is confirming they are 18 or older, then states that he/she is 19, then engaged in an exchange of nude pics.

Answer

See Section 43.24 of the Texas Penal Code – Display of Material Harmful to Minor as a starting point. Yes, a person can be charged with sending such material to an underage person, and it is not a defense to prosecution that, “I thought she/he was of age”. Other sections of the Penal Code may apply as well.