Tex. Code of Crim. Proc. Article 38.45
Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor

(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 (Possession or Promotion of Child Pornography)(a)(1), Penal Code;

(2)

the promotion or possession of which is prohibited under Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), 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 (Discovery of Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor), 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.
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.

Source: Article 38.45 — Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­38.­htm#38.­45 (accessed Jun. 5, 2024).

38.01
Texas Forensic Science Commission 38.02
Effect Under Public Information Law of Release of Certain Information 38.03
Presumption of Innocence 38.04
Jury Are Judges of Facts 38.05
Judge Shall Not Discuss Evidence 38.07
Testimony in Corroboration of Victim of Sexual Offense 38.08
Defendant May Testify 38.10
Exceptions to the Spousal Adverse Testimony Privilege 38.11
Journalist’s Qualified Testimonial Privilege in Criminal Proceedings 38.12
Religious Opinion 38.14
Testimony of Accomplice 38.15
Two Witnesses in Treason 38.16
Evidence in Treason 38.17
Two Witnesses Required 38.18
Perjury and Aggravated Perjury 38.19
Intent to Defraud: Certain Offenses 38.21
Statement 38.23
Evidence Not to Be Used 38.24
Statements Obtained by Investigative Hypnosis 38.25
Written Part of Instrument Controls 38.27
Evidence of Handwriting 38.30
Interpreter 38.31
Interpreters for Deaf Persons 38.32
Presumption of Death 38.34
Photographic Evidence in Theft Cases 38.35
Forensic Analysis of Evidence 38.36
Evidence in Prosecutions for Murder 38.38
Evidence Relating to Retaining Attorney 38.39
Evidence in an Aggregation Prosecution with Numerous Victims 38.40
Evidence of Pregnancy 38.43
Evidence Containing Biological Material 38.44
Admissibility of Electronically Preserved Document 38.45
Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor 38.46
Evidence in Prosecutions for Stalking 38.47
Evidence in Aggregation Prosecution for Fraud or Theft Committed with Respect to Numerous Medicaid or Medicare Recipients 38.48
Evidence in Prosecution for Tampering with Witness or Prospective Witness Involving Family Violence 38.49
Forfeiture by Wrongdoing 38.50
Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses 38.072
Hearsay Statement of Certain Abuse Victims 38.073
Testimony of Inmate Witnesses 38.075
Corroboration of Certain Testimony Required 38.076
Testimony of Forensic Analyst by Video Teleconference 38.101
Communications by Drug Abusers 38.141
Testimony of Undercover Peace Officer or Special Investigator 38.435
Prohibited Use of Evidence from Forensic Medical Examination Performed on Victim of Sexual Assault 38.451
Evidence Depicting Invasive Visual Recording of Child 38.471
Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

Art. 38.45’s source at texas​.gov