The state of Texas does all it can to provide legal protection to vulnerable groups, particularly children, as it should. That includes aggressively prosecuting anyone who is accused of having anything to do with child pornography. However, this stance can also lead to overzealous prosecution and innocent people getting caught up. If there is even a hint that you might be accused of such a crime, you need the best child pornography defense lawyers to represent you.
A conviction for possession or promotion of child pornography in Texas has very severe legal consequences and just as severe societal repercussions. If you are accused of possessing or promoting child pornography, your first instinct might be to try to clear your name. While this is a natural response, it is not a smart one in this situation. You should not talk to the police on your own or try to explain the situation in person or on social media.
Reach out to our child pornography defense lawyers for a confidential consultation and let us take it from there.
The possession or promotion of child pornography is defined in the Texas Penal Code, Section 43.26 as knowingly or intentionally possessing, accessing, or promoting material that visually depicts a child younger than 18 years of age engaging in sexual conduct. This can include photographs, videos, or other visual representations where the child is portrayed in a sexually explicit manner.
In plain terms, Texas law considers it illegal to have or share any material involving minors in sexual situations, whether through physical possession, digital access, or distribution. This includes not only creating or sharing such content but also knowingly accessing it online or storing it, even if it was downloaded unintentionally or without harmful intent.
It’s important to understand that the law takes a broad view of what constitutes possession or promotion, as well as sexual conduct. For instance, if such material is found on a device you own or use, you could face charges, regardless of whether you intended to view it or if someone else placed it there. This can lead to misunderstandings and unjust accusations, particularly in situations involving shared devices or mistaken identity.
Similarly, sexual conduct can broadly include actual or simulated sexual contact, but also any lewd exhibition of the genitals, anus, or female areola, which can mean that having visual representations of children that include nudity could lead to accusations, even if innocent. Because of the strict and unforgiving nature of these laws, anyone facing allegations related to child pornography needs to take them very seriously.
Child pornography can also be a federal crime if it happens across state or international borders. The federal offense is defined in U.S.C., Title 18, Section 2256 and, similar to Texas law, encompasses visual depictions of sexually explicit conduct by persons under the age of 18. It is also important to note that for federal charges the person depicted needs to be under the age of 18, regardless of state age of consent laws. A person can be simultaneously charged with the promotion or possession of child pornography in Texas and federally.
The penalties for child pornography charges in Texas are exceptionally severe, reflecting the state’s commitment to protecting minors from exploitation. Convictions can lead to long-term imprisonment, substantial fines, mandatory sex offender registration, and lifelong consequences for your reputation and personal freedom.
Possessing child pornography is classified as a third-degree felony under Texas law. A conviction for possession can result in:
If the material involves children under the age of 14, prosecutors may pursue enhanced penalties, which could significantly increase the severity of the sentence.
Promoting, distributing, or producing child pornography is generally considered a second-degree felony. This offense carries:
In certain cases, such as the involvement of a large number of images, organized distribution, or prior convictions, charges can escalate to a first-degree felony, which carries:
Additioanlly, a conviction for possession or promotion of child pornography requires registration as a sex offender in Texas. This designation imposes strict requirements, including regular reporting, public disclosure of your status, and severe restrictions on housing, employment, and personal freedom. Sex offender registration can be for life, significantly impacting your ability to reintegrate into society.
A federal conviction can lead to additional, and often more severe, legal consequences. Federal laws governing child pornography stipulate that:
Certain factors, such as material involving a child under 12 years of age, can result in enhanced penalties. Additionally, as with Texas law, anyone convicted of a federal child pornography offense must register as a sex offender, facing lifelong restrictions on housing, employment, and personal freedoms.
Facing charges related to child pornography in Texas can feel overwhelming, with both legal and personal stakes being exceptionally high. Hiring skilled child pornography defense lawyers is crucial to protecting your rights and building a strong defense. Our team understands the complexities of these cases and will work tirelessly to challenge the prosecution’s claims. There are many potential defenses we can use depending on the circumstances of your case, including:
Our experienced child abuse lawyers bring a unique advantage, as our team includes former prosecutors who have deep knowledge of how the state builds its cases. At M|C Criminal Law, we provide discreet, compassionate, and aggressive representation, ensuring your rights and reputation are safeguarded at every step.
Contact us today for a confidential consultation and let us fight to protect your future.
