Tex.
Code of Crim. Proc. Article 18.021
Issuance of Search Warrant to Photograph Injured Child
(a)
A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child as prohibited by Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code; sexual assault of a child as prohibited by Section 22.011 (Sexual Assault)(a), Penal Code; aggravated sexual assault of a child as prohibited by Section 22.021 (Aggravated Sexual Assault), Penal Code; or continuous sexual abuse of young child or disabled individual as prohibited by Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code.(b)
The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant.(c)
In addition to the requirements of Subdivisions (1), (4), and (5) of Article 18.04 (Contents of Warrant) of this code, a warrant issued under this article shall identify, as near as may be, the child to be located and photographed, shall name or describe, as near as may be, the place or thing to be searched, and shall command any peace officer of the proper county to search for and cause the child to be photographed.(d)
After having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the magistrate. The child may not be removed from the premises on which he or she is located except under Subchapters A and B, Chapter 262 (Procedures in Suit by Governmental Entity to Protect Health and Safety of Child), Family Code.(e)
A search warrant under this section shall be executed by a peace officer of the same sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim. The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs.
Source:
Article 18.021 — Issuance of Search Warrant to Photograph Injured Child, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm#18.021 (accessed Jun. 5, 2024).
