Have You Been Arrested for Possession or Distribution of Child Pornography?

Child pornography involves possessing, accessing, or promoting visual material of minors in sexual situations. The consequences of a conviction are especially severe, including long-term imprisonment, substantial fines, and a criminal record that can haunt you for the rest of your life. 

If you're facing child pornography charges in Texas, you’ll want to seek legal counsel without delay. At Cofer & Connelly, PLLC, we recognize the seriousness of your situation. Our experienced criminal defense attorneys have assisted numerous clients in Texas in resolving allegations of sex crimes, including those involving children. You do not need to confront these challenges by yourself. To schedule a consultation with an Austin child pornography lawyer, contact Cofer & Connelly, PLLC, either by dialing (512) 991-0576 or utilizing our online contact method.

Texas Law on Child Pornography

Under Texas Statutes Section 43.26, child pornography is defined and addressed in several specific ways. First, you should understand that child pornography involves visual material. This material can be any kind of film, photograph, videotape, or any other form that captures or shows an image, including digital forms like computer files or images transmitted online.

What is Considered Child Pornography?

For something to be considered child pornography under this law, it must visually depict a child who is younger than 18 years old engaging in sexual conduct. Sexual conduct includes a range of activities from sexual intercourse to lewd exhibition of genitals. Importantly, the law also covers situations where a child is depicted as a victim of certain criminal offenses.

Promotion of child pornography is also an offense. Promotion, as outlined in the laws, can include actions like distributing, selling, disseminating, or transmitting this material, among others. If you knowingly or intentionally promote, or possess with the intent to promote, material that falls under the definition of child pornography and you are aware that it depicts a child as previously mentioned, then this constitutes an offense.

Additionally, if you have visual material that contains six or more identical visual depictions of a child engaged in sexual conduct, there's a presumption under the law that you intended to promote this material.

What is Needed to Prove a Child Pornography Charge?

For you to be found guilty of possessing child pornography, two key elements must be proven.

• First, you must have knowingly or intentionally had possession of, or accessed with the intent to view, this kind of visual material.
• Second, it must be established that you knew the material depicted a child as described above.

What are the Penalties for Child Pornography in Texas?

Third Degree Felony

If you commit a child pornography offense but do not have any prior convictions, it is classified as a third-degree felony. The penalty for a third-degree felony in this situation includes imprisonment for 2 to 10 years and a fine of up to $10,000.

Second Degree Felony

This classification applies if you have been previously convicted one time of a child pornography offense. Being convicted of a second-degree felony for child pornography means you could face a prison sentence ranging from 2 to 20 years, along with a fine of up to $10,000.

First Degree Felony

If you are found guilty of child pornography as a first-degree felony, this typically happens when you have been previously convicted two or more times of this offense. The penalty for a first-degree felony in this context is severe. You could face imprisonment ranging from 5 to 99 years or even life imprisonment. Additionally, there is a fine of up to $10,000.

Is There Alternative Sentencing?

In Texas, some alternatives to incarceration might be available in certain situations. These can include probation, where you are allowed to serve your sentence outside of prison under strict conditions and supervision. Community service or house arrest might also be considered in some cases. However, the availability of these alternatives depends heavily on the specifics of your case, the severity of the offense, and the discretion of the court.

Sex Offender Registration Requirement

In Texas, if you are convicted of possessing or promoting child pornography, you must register as a sex offender. It's crucial to understand that this isn't just a formality – failing to register can lead to serious legal consequences, including possible felony charges. When you are convicted, you will need to provide extensive personal information to local law enforcement. This includes your name, date of birth, physical characteristics, and details about your offense, among other things. You must also report changes in your life, like moving house or changing jobs.

The registration period for child pornography is lifetime. This means you will be on the sex offender registry for the rest of your life. This status affects where you can live, work, and even the places you can visit. For instance, there are restrictions on being near places where children gather, like schools and playgrounds. If you plan to move or travel, you have obligations too. You must report to local law enforcement in your new location within a set timeframe.

Potential Defenses to Child Pornography Charges

Lack of Knowledge

A fundamental defense in these cases is claiming that you did not know the material in question depicted a child in sexual conduct. For this defense to hold, it must be clearly demonstrated that you were unaware of the nature of the material you possessed or accessed. This means that if you stumbled upon the material unknowingly or were unaware of its contents, this could form the basis of your defense.

Age Proximity

If your age is not more than two years older than the child depicted in the material, this can be considered a defense. This specific defense takes into account situations where both individuals are close in age, often in the context of a consensual relationship, negating criminal intent.

Marital Status

Being the spouse of the child at the time of the offense can serve as a defense under Texas law. This defense is based on the premise that within a legal marital relationship, certain activities may be considered consensual and lawful, even if they involve the creation or possession of material that might otherwise be deemed illegal.

Legitimate Purpose

There could be a valid defense if the possession or access to the material was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose. For instance, if you are a medical professional, educator, or legal expert, and your interaction with this material was strictly for professional or educational reasons, this could exempt you from criminal liability.

Good Faith Actions by Officials

If you are a law enforcement officer or a school administrator who accessed or possessed the material as part of a legitimate investigation or in response to a specific allegation, this could be a defense. This applies only if the material was handled responsibly and with the intention of furthering an investigation or responding to a specific issue, followed by reasonable measures to dispose of the material.

Role of a Child Pornography Lawyer in Austin, TX

If you are charged with child pornography, a criminal defense lawyer plays an important role in your case. They provide you with an understanding of the charges against you and the legal processes involved. They are there to explain the law clearly, ensuring you fully understand the situation you are facing.

A lawyer in this field will scrutinize the evidence presented against you. They will look for any procedural errors or violations of your rights that occurred during the investigation or collection of evidence. This includes challenging the legality of search warrants or the methods used to obtain digital evidence.

Your lawyer will also guide you through the potential defenses applicable to your case, as outlined above. They will work with you to develop a strategy that aims to either dismiss or reduce the charges based on the available evidence and legal precedents.

Negotiation skills are an important part of a lawyer's role. They may negotiate with the prosecution to reach a plea bargain. This might lead to a reduction of charges or a less severe sentence. If your case goes to trial, your lawyer will represent you in court, presenting your defense and advocating on your behalf to achieve the best possible outcome.

Overall, the lawyer’s role is to guide you through the legal process, using their knowledge and experience to advocate for your rights and interests. Their guidance can be invaluable, especially in a child pornography case.

Frequently Asked Questions About Child Pornography

• What is considered child pornography in Texas?
  Visual material depicting anyone under 18 engaged in sexual conduct or shown as a victim in specific offenses.
• Is it illegal to accidentally view child pornography?
  Yes, if you knowingly possess or intentionally access this material, it's illegal, even if initially viewed accidentally.
• What are the penalties for possessing child pornography in Texas?
  Penalties range from 2-10 years imprisonment (third-degree felony) to life imprisonment (first-degree felony) for repeat offenders, with fines up to $10,000.
• Can I be charged if I didn’t know the person was a minor?
  Yes, if it's proven you knew or should have known the material depicted a minor.
• What does 'promote' mean in the context of child pornography?
  Promoting includes actions like distributing, selling, or transmitting this material.
• What is considered 'sexual conduct' under these laws?
  It includes everything from sexual intercourse to lewd exhibition of genitals.
• Can I face charges for having child pornography on my computer, even if I didn’t download it?
  Yes, if it's proven you knowingly possessed or accessed the material.

Contact an Austin Child Pornography Attorney Today

If you're facing child pornography charges, it's important to seek legal guidance right away. At Cofer & Connelly, PLLC, we understand the seriousness of your situation and are prepared to offer meaningful legal assistance. Our experienced attorneys have helped countless clients in Texas resolve accusations of sex crimes, including those involving children. Don't face these challenges alone. Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with a child pornography lawyer.