Obscenity Charges in Texas: When Art, Humor, or Expression Crosses a Line
Most people don’t expect to face a criminal charge over what they watch, share, create, or post—but obscenity charges in Texas are very real, and they’re more common than you might think. These cases can stem from provocative artwork, off-color jokes, erotic writing, or even digital memes. When law enforcement interprets something as "obscene"—especially if a minor is involved or it’s shared online—you could be facing serious legal consequences.
At Christian, Nisbet & Casillas, we know how to defend these cases—because obscenity laws aren't just about content. They're about context, intent, and interpretation. And that’s where we go to work.
What Is Considered “Obscene” Under Texas Law?
Texas Penal Code §43.21–43.24 covers a range of offenses related to the possession, sale, or distribution of obscene material. In legal terms, “obscene” content meets three conditions:
It appeals to prurient interests (i.e., sexual in a degrading or purely lustful way),
It depicts sexual conduct in a patently offensive way,
It lacks serious literary, artistic, political, or scientific value.
If something you posted, sent, created, or distributed fits this definition—in the eyes of the court—you could face a Class A misdemeanor or even a felony, depending on the circumstances.
Common Ways People Get Charged
We’ve seen obscenity charges arise in all kinds of real-life scenarios:
A content creator posts risqué material behind a paywall—but someone underage gains access
A teacher or librarian is accused of providing “obscene” educational material or books
A business owner sells or rents adult content that doesn’t comply with labeling or zoning laws
A person shares graphic or erotic images as part of a private conversation, which are later forwarded without consent
A social media user reposts a crude meme or video that’s flagged by an overzealous parent, employer, or detective
The line between protected speech and criminal conduct isn’t always clear. But we help clients draw that line—and defend it.
What’s New in Texas Law
In recent years, Texas has cracked down harder on digital obscenity:
HB 1181 (2023) requires adult websites to use strict age-verification systems for access; failure to comply could lead to lawsuits or criminal investigations
Increased scrutiny of teachers and libraries: School districts have removed books and referred educators for investigation, even when materials were approved for educational use
Online speech is under the microscope: District attorneys and task forces now actively monitor platforms like Reddit, Discord, and OnlyFans for potential violations
These changes have created a chilling effect—but not everything that offends is illegal. That’s why legal defense matters.
How We Defend Obscenity Cases
If you're facing an obscenity-related charge, we step in quickly and forcefully to challenge the prosecution’s narrative.
1. First Amendment Protections
Many things that are "shocking" or "provocative" are still protected by free speech laws. We argue for the artistic, satirical, or expressive nature of the content.
2. Lack of Intent
If you didn’t intend to promote or distribute the content—or didn’t know it would be seen by a minor—you may have a strong defense.
3. Challenging Community Standards
What counts as “patently offensive” varies widely by region, culture, and audience. We work to show that your material does not violate the local community's threshold for obscenity.
4. Improper Investigation
Did law enforcement follow legal procedures in seizing your devices, accounts, or data? If not, we push to suppress the evidence.
What You Should Do
Don’t delete or alter any files or posts—tampering can make things worse
Do not try to “explain” or apologize to investigators—anything you say can be misused
Save records of where and how the material was shared
Call us immediately before talking to police or making statements
Obscenity charges can be damaging even before they go to court. But a charge is not a conviction.
Final Thoughts
You have a right to speak, create, and express—without being criminalized for it. If you’ve been accused of promoting or possessing obscene material, especially in a way tied to alleged minors or “public harm,” don’t try to fight it alone.
These cases hinge on nuance, intent, and technical legal interpretation. That’s where we come in.
When free expression turns into a legal battle…we’re that call.
