Tex. Code of Criminal Procedure § 38.45
This is the official text of Tex. Code of Criminal Procedure § 38.45, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 38.45. EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR.
Official statutory text
(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)(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) 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.
(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) 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.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.