Most – but not all – forms of pornography are legal in Texas. There are laws in place to protect vulnerable people from unknowingly or indirectly becoming the subject of pornographic images.

There are also rules in place to protect minors from exposure to harmful or obscene content. 

In some instances, even sharing images provided with the subject’s consent is also against the law, particularly if you share them in retribution. The number of clients we see who have been charged with “revenge porn” is growing steadily.

Texas Has Not Banned Online Porn

Many people are under the incorrect assumption that porn is illegal in Texas, primarily because of a new law that caused Pornhub (and other well-known porn sites) to be blocked in Texas. 

But porn is legal. The sites have been blocked due to an ongoing legal battle over a state law that requires websites that devote more than one-third of their content to pornographic images to verify the age of each user with a valid government ID.

However, the state has laws in place to limit who can legally buy, sell, or view porn. You must:

• Be age 18 or older
• Buy items from a licensed shop or distributor
• Not provide material to anyone under 18
• Only purchase and view material of consenting adults ages 18 or older

Texas’ Age Verification Law

In June 2023, Texas Gov. Greg Abbott signed House Bill 1181 into law. It requires adult websites to ensure that anyone accessing them is at least 18 by using “reasonable age verification methods.”

Since then, Pornhub has blocked Texans’ access to the site. If you attempt to log in, you will see a lengthy message about device-based age verification:

There are several legal challenges to this law, not only from Pornhub but also from such groups as the Free Speech Coalition and the American Civil Liberties Union (ACLU).

One key argument is that by forcing users to submit a government ID, they are deterring Texans whose access is totally legal. Essentially, these laws are introduced and passed to force people to conform to state lawmakers’ moral beliefs. 

It’s important to understand that these laws are unenforceable against private individuals  (because VPNs provide an easy workaround). Instead, the state forces the websites to be held accountable, requiring them to pay civil penalties of up to $10,000 for violations. This is the reason Pornhub withdrew from the state in March 2024.

The age-verification law can be enforced currently, but the case is headed to the Supreme Court. A final ruling is unlikely before 2025. 

READ MORE: Why is Pornhub banned in Texas?

8 Types of Porn that are Illegal in Texas

There are a few types of porn that are illegal in Texas. Most of them are designed to protect children, and a few laws protect adults’ privacy. And AI has also entered the chat, with laws prohibiting the use of artificial images that depict children or show the actual features of a child. 

Here are the most common types of porn charges in Texas: 

Charge	Legal definition	Classification
Revenge pornography	Disclosing intimate images or videos of someone without their consent is a privacy violation.	Class C misdemeanor (or Class A misdemeanor for repeat offenders)
Obscene display or distribution	Intentional display or distribution of obscene materials in a manner where others might be offended or alarmed is illegal in Texas	State jail felony
Child pornography	Texas law says residents cannot possess, distribute, produce, or promote visual material that depicts a child younger than 18 years engaged in sexual conduct.	Third-degree felony
AI-generated porn depicting a minor	If AI generates content that displays the features of a real child, it falls under traditional child pornography laws. These images are called deep fakes,	Third-degree felony
AI-generated porn using images of a child	AI-generated pornography that uses an image of a child under age 18 is illegal, even if the finished content doesn’t depict the child.	Third-degree felony
Sexual performance by a child	Engaging a child under the age of 18 in a sexual performance or producing, directing, or promoting such material.	Second-degree felony
Sexting between minors	Intentional display or distribution of obscene materials in a manner where others might be offended or alarmed is illegal in Texas.	Class C misdemeanor
Distributing harmful materials to a minor	Sexting between two underage individuals has less severe penalties than if an adult is involved. (There are no penalties for sexting if the two minors are dating).	Class A misdemeanor (can be elevated to a third-degree felony depending on circumstances)