Tex. Code Crim. Proc. art. 38.45

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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(a)(1), 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).

(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.

Tex. Code Crim. Proc. § 38.45

Amended by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 7, eff. 9/1/2011.

Amended by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 8, eff. 9/1/2011. Text of article as added by

Added by Acts 2009, 81st Leg., R.S., Ch. 276, Sec. 1, eff. 9/1/2009.

Amended by Acts 2011, 82nd Leg., R.S., Ch. 104, Sec. 1 For text of article as added by

Amended by Acts 2011, 82nd Leg., R.S., Ch. 591, Sec. 3, see other Art. 38.46.