Netflix indicted on lewd depiction of children charges concerning “Cuties” film

On September 23, 2020 a Tyler County Grand Jury indicted Netflix, Inc. for promotion of lewd visual material depicting a child it was announced today.

The indictment stems from the promotion of the film “Cuties” in Tyler County, Texas. The summons was served on the corporation October 1 by the Texas Rangers.

Section 43.262 of the Texas Penal Code says it is illegal to knowingly promote visual material that depicts the lewd exhibition of the genitals or pubic area of a clothed or partially clothed child, which appeals to the prurient interest in sex and has no serious literary, artistic, political, or scientific value.

This offense is a State Jail Felony.

Criminal District Attorney Lucas Babin said of the indictment, “As a district attorney, I have to sift through countless cases and make calls every day on how to keep our communities safe. In our county, it is not uncommon for me to confront cases with underage victims. After hearing about the movie Cuties and watching it, I knew there was probable cause to believe it was criminal under Section 43.262 of the Texas Penal Code. The legislators of this state believe promoting certain lewd material of children has destructive consequences. If such material is distributed on a grand scale, isn’t the need to prosecute more, not less? A grand jury in Tyler county found probable cause for this felony, and my job is to uphold the laws of this State and see that justice is done.”

According to Newsweek, a Netflix spokesperson stated that “Cuties is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film.”

Cuties and Netflix have received backlash over the sexualized portrayal of children in the film.