Tex. Code Crim. Proc. art. 38.45 · Chapter 38. EVIDENCE IN CRIMINAL ACTIONS
EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public 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) The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c) The attorney representing the state shall be provided access to property or material described by Subsection (a). In the manner provided by Article 39.15, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to property or material described by Subsection (a).
(d) A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 8, eff. September 1, 2011.
Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621), Sec. 2, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm
- Text hash
- sha256 399b907381122429099385d675be52946852af7db5c52def70dd55183d8065cb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 38.071TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE.Printed as Article 38.071
- Tex. Code Crim. Proc. art. 39.15DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.Printed as Article 39.15
- Tex. Code Crim. Proc. art. 43.26PREVENTING RESCUE.Printed as Section 43.26
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 38.45. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.