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Age of consent in Texas is 17 unless one of the actors is an employee of a public or private primary or secondary school (Sec. 21.12 of the TX Penal Code), then it's not allowed until the child has graduated or no longer enrolled in an institution.
Child porn is that of people under the age of 18.
It's a messed up conflict of laws.
Lots of chatter among some crim lawyers I know about this at the moment. I expect proposed legislation in the next Texas Congressional Session regarding this case.
I'd be shocked of the law is changed. Who is going to sponsor that?
You either raise the age of consent for Sex or lower the age for permissible porn.
That ain't happening.
My initial thought would be that, in situations like this, the lower age of consent is applied unilaterally for the two consenting individuals only.
It's a sticky situation for sure and a failure of the Penal Code and legislature in my opinion. Laws that are contradictory with respect to identical fact patterns should be modified to work in conjunction with one another.