January 27, 2016

Asked 1/25/2016 – San Antonio, TX

If I had a picture of my 16 year old girlfriend in a two piece bathing suit/underwear or something along the lines of that, would it be considered child pornography even if everything is covered (ex: breasts, genitals, etc.) ??

Answer

Possibly, depends on the exact picture. She is underage, so wheat is permissible for an adult may not be permissible for her. The applicable statutes are Texas Penal Code Sections 43.23 & 43.26

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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