Texas Code of Criminal Procedure
§ 38.45 — EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR
CR § 38.45Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS
Statute text
View on source(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).
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Legislative history
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.