Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter C - CHILD CARE INVESTIGATIONS
Division 5 - ABUSE, NEGLECT, AND EXPLOITATION
Section 707.791 - What is sexual abuse?

(1) Sexual conduct harmful to a child's mental, emotional, or physical welfare, including:

(2) Failure to make a reasonable effort to prevent sexual conduct harmful to a child;

(3) Compelling or encouraging the child to engage in sexual conduct as defined by § 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of:

(4) Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by § 43.21, Penal Code, or pornographic; or

(5) Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by § 43.25, Penal Code.

(1) "Causing, permitting, encouraging, engaging in, or allowing" the photographing, filming, or depicting of, or sexual performance by, a child as described in paragraphs (4) and (5) of subsection (a) is not limited to actions the child was forced or coerced to participate in. The definition of sexual abuse is met even if the child voluntarily participates in the action.

(2) "Compelling or encouraging the child to engage in sexual conduct" as described in paragraph (3) of subsection (a) does not require that the child actually engage in sexual conduct. The definition of sexual abuse is met as long as there is a substantial risk of a child engaging in the sexual conduct.

(3) "Pornographic" or "pornography" means material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct in accordance with Texas Penal Code § 43.26.

(4) "Sexual conduct harmful to a child's mental, emotional or physical welfare" includes but is not limited to rape; incest; sodomy; inappropriate touching of the child's anus, breast, or genitals, including touching under or on top of the child's clothing; deliberately exposing one's anus, breast, or any part of the genitals to a child; touching the child in a sexual manner or directing sexual behavior towards the child; showing pornography to a child; encouraging a child to watch or hear sexual acts; compelling, encouraging, or permitting a child to engage in prostitution; watching a child undress, shower, or use the bathroom with the intent to arouse or gratify one's sexual desire; voyeurism; sexually oriented acts, which may or may not include sexual contact or touching with intent to arouse or gratify the sexual desire of any person; and any sexually oriented act or practice that would cause a reasonable child under the same circumstance to feel uncomfortable or intimidated or that results in harm or substantial risk of harm to a child's growth, development, or psychological functioning.