Child Pornography Lawyer in Plano 

The mere accusation of possession or promotion of child pornography can take a terrible toll on your personal life and reputation. You are facing serious consequences which could have a permanent and negative impact on your life. As overwhelmed as you may feel, all is not lost — you need to hire an experienced lawyer to stand up and fight for you.

Texas child pornography laws are incredibly harsh. If convicted, you could spend years in prison and be required to register as a sex offender for the rest of your life. Your lawyer will work diligently to build a solid defense on your behalf.

When you hire The Wilder Law Firm, our more than 25 years of experience will be put to work for you researching and investigating all the facts of your case. We are meticulous in our preparation and will help you fully understand what needs to be done to best represent you. Together, we will establish the most effective defense for you.

What is Possession or Promotion of Child Pornography?

Texas Penal Code 43.26 outlines the possession or promotion of child pornography crime. According to the statute, a person commits this offense if:

The person knowingly or intentionally possesses or accesses visual material that depicts a child younger than 18 years of age who is engaging in sexual conduct. This includes a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8), and the person must have intent to view the material; and

The person knows that the material depicts the child as described by Subdivision (1) (Section 43.26).

Child pornography is also a crime at the federal level. Federal law defines this crime as any visual of sexually explicit conduct featuring a person who is younger than 18.

How Can Child Porn Charges Be Defended?

In defending those accused of possession or promotion of child pornography, attention to detail to all facts and circumstances is crucial. Each case is unique and needs a unique defense. The following are defenses that could be investigated:

Intent

Knowledge

Accidents/Mistakes

Mistaken Identity

Marriage

Legal Purpose

Age

Intent

Was it your conscious objective or desire to engage in or cause the possession or distribution of child pornography? Intent always plays a role.

Knowledge

Did you know that the circumstances existed or that you were reasonably certain that your conduct would end in you possessing or distributing the pornography? If you did not have the knowledge, you cannot be held accountable.

Accident/Mistake

When searching the internet, did you click on a pop-up ad only to realize it was child pornography and immediately leave the website?

Mistaken Identity

Child pornography was possessed or distributed, but you were not the one who did it. Always be careful in allowing someone else to use your computer.

Marriage

You are the spouse of the child at the time of the offense. Becoming the spouse of the child after the fact, or just being engaged at the time, is not a defense.

Legal Purpose

The conduct was for a bona fide educational, medical, psychological, psychiatric, judicial law enforcement, or legislative purpose.

Age

You are not more than two years older than the child. The age is calculated from the date of birth to date of birth, not just being 18 and the child 16.

Wilder Law Firm assists people with criminal defense matters in the following locations: Carrollton, Dallas, Frisco, Garland, Lewisville, McKinney, Prosper, Plano, Richardson, Sachse, and Wylie.