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In February 2026, police arrested a former Itasca High School student after investigators said he used an artificial intelligence app to turn photos of classmates and school staff into sexually explicit images. Similar arrests have followed in school districts across the country this year. The apps are free, they take seconds, and they may be on your teenager’s phone right now. If your son or daughter is accused of making or sharing one of these images, they’re looking at a criminal case, a school discipline case, and possibly a sex offender registration requirement, all at once.
Before 2025, Texas law covered sexually explicit deepfake videos but left a gap for still images. House Bill 449 and Senate Bill 441 closed that gap. Texas Penal Code §21.165 now makes it a crime to knowingly produce or distribute a deepfake image or video that shows a real person with intimate parts exposed or engaged in sexual conduct without that person's consent. The same bills added an offense for threatening to create or share that material. An adult victim makes it a Class A misdemeanor on a first offense, and the penalty climbs to a felony when the person depicted is under 18.
When the person in the image is a minor, prosecutors don’t stop at §21.165. Senate Bill 20 made it a crime to possess or promote obscene material that appears to depict a child, even when the image came from an AI app or a cartoon. Texas child pornography statutes also reach AI-altered images of real, recognizable children. Those charges carry felony ranges that can reach the first degree.
Federal law joined in 2025 as well. The Take It Down Act makes it a federal crime to publish nonconsensual intimate images, including AI-generated ones, and it now requires platforms to remove reported images within 48 hours.
Texas draws the juvenile line earlier than most states. A high school senior who’s 17 gets treated as an adult.
| Age at the Time of the Offense | Where the Case Goes | What That Means |
|---|---|---|
| Under 10 | No criminal or juvenile case | Texas law doesn't prosecute children this young. |
| 10 through 16 | Juvenile court | The case is filed as delinquent conduct, and the court focuses on rehabilitation, supervision, and treatment. |
| 17 and older | Adult criminal court | Your child faces the same charges, punishment ranges, and public record as any adult defendant. |
In serious felony cases, prosecutors can ask a juvenile court to transfer a 14, 15, or 16-year-old to adult court. Your defense attorney’s work in the first few weeks of a juvenile case can keep it where it belongs.
The student who created the image isn’t the only one at risk. Section 21.165 punishes distribution, and the child pornography statutes punish possession and promotion. A teenager who saves an image from a group chat, forwards it to a friend, or posts it to a story can face charges even if someone else made it. Screenshots count. Snapchat’s disappearing messages don’t disappear from a forensic exam of the phone.
Some of these offenses are reportable under Chapter 62 of the Texas Code of Criminal Procedure, and a juvenile adjudication for a reportable offense can trigger registration. Juvenile court gives your child options that adult court doesn't. The judge can exempt a young person from registration or defer the registration decision until the child completes treatment. Those hearings turn on the evidence your lawyer gathers, including evaluations, school records, and a treatment plan.
Your first instinct will be to wipe the phone. Don’t. Destroying evidence after you know an investigation is underway can create a separate tampering charge, and forensic tools recover deleted files anyway. Put the phone in a drawer, turn it off, and hand it to your lawyer, not the school.
Your child has the right to remain silent and the right to a lawyer, including when a school resource officer or detective asks for an interview on campus. Texas law requires a magistrate to warn a juvenile before police can take a written custodial statement, but those warnings don't replace a lawyer. Tell the school, in writing, that your child won't answer questions about the incident without counsel present.
The school can discipline your child on its own timeline, and anything your child says in a discipline hearing can be used against them in a criminal case. Your lawyer should review any written statement the school asks for before your child signs it.
An apology to the other family can feel like the right thing to do. However, in a criminal case, it becomes an admission, and this communication can lead to new charges and tighter conditions. Let the lawyers handle all communication.
Juvenile court exists to give young people a second chance. Deferred prosecution, specialized treatment programs, and later record sealing are all possible outcomes in the right case.
If police or your child’s school has contacted your family about an AI image, call Denuna & Westbrook before your child answers questions or hands over a phone. We’ll review the accusation with you, explain what juvenile or adult court means for your child, and handle communication with investigators from the start. For a confidential consultation, call 713-966-0253 or visit texasdwlaw.com.
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