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Texas Code of Criminal Procedure

§ 39.15 — DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR

CR § 39.15Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 39. DEPOSITIONS AND DISCOVERY

Statute text

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(a)In the manner provided by this article, a court shall allow discovery under Article 39.14 of 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)Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45.
(c)A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 9, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 10, eff. September 1, 2011. Acts 2025, 89th Leg., R.S., Ch. 847 (S.B. 1621), Sec. 3, eff. September 1, 2025.

Source: Texas Code of Criminal Procedure § 39.15 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.