Child Pornography Attorney in Plano, TX
What are Child Pornography Charges in Texas?
In recent years, the State of Texas has begun cracking down more harshly on sex crimes as part of its “tough on crime” reputation. This involves not only more aggressively prosecuting people accused of sex trafficking but also the distribution of illegal pornography. Illegal pornography includes such material as revenge porn and child pornography. Most recently, as part of their ongoing efforts, the State of Texas signed a bill making it a crime to use AI to create child porn.
Although the State of Texas’s efforts to protect the most vulnerable members of society are admirable, there’s such a thing as being too aggressive. In many cases, law enforcement will make an arrest if they even suspect someone may be guilty of manufacturing or owning child pornography, even in the absence of truly compelling evidence. Even circumstantial evidence can lead to a person’s arrest because the police want to “play it safe.”
The mere accusation of possession or promotion of child pornography can take a terrible toll on your personal life and reputation. A conviction could change your entire life as you know it. The State of Texas is especially aggressive in pursuing and prosecuting charges relating to child pornography. If you are arrested, the prosecution will do everything in its power to ensure a conviction.
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 is needed 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 as a 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 the 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 in 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
Intent is a major factor in determining a person’s guilt or innocence. Crimes related to child pornography are known as crimes of intentionality. This means you must have knowingly and willingly engaged in the conduct you’re being accused of. If your attorney can establish a lack of intent, this can prove to be a successful defense.
Knowledge
Knowledge is similar to intent. 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 know, you cannot be held accountable.
Say, for example, someone entered into a romantic relationship with an individual they believed to be of consenting age and took intimate photos of them. They later learn the photographed individual was, in fact, a minor. If the person can establish that they believed the individual was of age at the time the photos were taken, this can be a successful defense.
Accident/Mistake
The defense of an accident or mistake falls within the scope of intentionality and knowledge. This is a defense that often proves effective in cases where someone accidentally clicked a link that turned out to lead them to child pornography, or a pop-up led them to a site other than what they believed they were clicking on. If an attorney can establish that you accidentally came into possession of the illegal material, it can prove to be grounds for an acquittal.
Mistaken Identity
Mistaken identity is a successful defense in cases where there is no argument that child pornography was manufactured or distributed, but you are not the person responsible. It is common for child pornographers to use other people’s computers and devices to store, distribute, or manufacture illegal pornography. They use this method in an attempt to avoid being caught themselves. In some instances, they may use unguarded access to a friend or family member’s computer or phone. Other times, hackers will hijack a WiFi signal to gain access to someone else’s device to store or distribute illegal porn. An experienced defense attorney can demonstrate that you were not the person responsible for the crimes in question.
Marriage
Depending on the circumstances, marriage may serve as an effective defense. Under certain circumstances, the State of Texas permits marriage between individuals who would otherwise be considered below the age of consent. Under Texas law, consensual sexual activity, including the taking of intimate photos, is permissible within a marriage. If you were married to the alleged victim at the time of the offense, a successful defense attorney can have the charges dropped. Note that you cannot protect yourself from child porn charges by marrying the alleged victim after you have been arrested. Some individuals have attempted this legal strategy, and the courts have rejected it. You must have been married at the time of the offense.
Legal Purpose
The possession or distribution of child pornography is permitted under several very specific, heavily regulated circumstances. For example, a psychiatrist or other health care professional whose patient was sexually abused may come into possession of certain material. Law enforcement personnel are also permitted to display illegal pornography to other law enforcement personnel or trainees for educational purposes. If your attorney can demonstrate that the images were owned or distributed for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose, they may be able to get the charges dropped or secure an acquittal.
Age
Texas makes certain allowances for individuals who are close in age to the alleged victim. These are often called “Romeo and Juliet Laws.” If you were no more than two years older than the alleged victim, and the victim consented to the photos or videos being manufactured, your attorney may be able to secure a dismissal or acquittal.
What are Common Penalties for Child Pornography Offenses?
The State of Texas takes sex crime cases especially seriously. This is particularly true for sex crimes involving children. The manufacture, possession, or distribution of child pornography is considered an especially heinous offense under Texas law because it involves the repeated victimization of the same children. In an effort to discourage crimes related to child pornography and to appropriately punish guilty parties, penalties are exceptionally harsh. Some penalties for crimes related to child pornography include, but are not necessarily limited to:
First Offense: 2-10 years in prison and a fine of up to $10,000.
Second Offense: 2-20 years in prison and a fine of up to $10,000.
Subsequent Offenses: 5-99 years in prison and a fine of up to $10,000.
Note that these are charges related specifically to the sale, possession, or manufacture of child pornography. In many instances, child pornography charges include other, related offenses. For example, someone charged with manufacturing or distributing child pornography may also be charged with child endangerment, child sexual assault, child abuse, or other similar crimes.
Individuals convicted of child porn charges face other, longer-lasting consequences as well. Anyone convicted of crimes related to child pornography must register as a sex offender. This means that your photo, name, and address will be publicly available on a website that lists your convictions. Even among sex offenses, child pornography is considered especially heinous. Individuals on the registry may find themselves subject to ongoing harassment. In many cases, law enforcement is unsympathetic to these individuals and views any abuse as “just desserts.”
Being a convicted sex offender also means that you will be restricted in where you can live and what jobs you can hold. In most instances, you will not be permitted to live within a certain distance of schools, libraries, and other places where children frequently congregate. You will also be unable to hold certain jobs that require professional licenses or work with children. Under certain circumstances, you may even be restricted from seeing your own children. For example, if you were divorced at the time of the conviction or your spouse divorced you as a result of a conviction, their attorney may be able to convince a judge to give them sole custody without any visitation rights.
Additionally, all convicted felons lose certain rights and privileges, regardless of the crime. Convicted felons are not permitted to vote or own firearms. Depending on your legal status, a felony conviction may also result in the denial of citizenship, a visa, or permanent residency. If you are not a legal resident of the United States and are convicted of child pornography charges, you will most likely be deported.
What are the Federal Penalties for Child Pornography Charges?
In addition to charges filed by the State of Texas, anyone accused of crimes relating to child pornography may also face federal charges. These charges are more severe and carry with them heavier consequences.
If you face a federal charge of sexual exploitation of children (18 U.S.C. § 2251), you face:
First offense: 15-30 Years in Prison
Second offense: 25-50 Years in Prison
Third offense: Life in Prison
If you face a federal charge of certain activities relating to material involving the sexual exploitation of minors (18 U.S.C. § 2252), you face:
First offense: 5-20 Years in Prison
Second offense: 15-40 Years in Prison
If you face a federal charge of certain activities relating to material constituting or containing child pornography (18 U.S.C. § 2252A), you face:
First offense: 5-20 Years in Prison
Second offense: 15-40 Years in Prison
When you are accused of possessing or distributing child pornography, the stakes are high. That means you need The Wilder Law Firm in your corner.
What Should I Do if I’ve Been Charged with Crimes Related to Child Pornography in Texas?
Charges related to child porn are among the most serious crimes a person can be accused of. Being a convicted “child pornographer” can functionally end a person’s life as they know it. The stigma of owning, manufacturing, or distributing child exploitation material will follow a person for the rest of their life and prevents them from being able to successfully form and maintain new relationships, find and hold down a job, and live a “normal” life. Under many circumstances, a child pornography conviction means years or even decades behind bars. In some cases, it may mean life in prison.
Don’t let yourself fall prey to overzealous prosecutors, vindictive family members, or a simple misunderstanding. If you or a loved one has been arrested on charges related to child pornography, don’t hesitate to call the Wilder Law Firm today. Our attorneys have nearly 30 years of experience in criminal defense. We believe everyone has the right to the best possible defense, regardless of the charges. We don’t judge or make assumptions. We work to protect our clients. If you or a loved one has been arrested on charges related to child pornography in Plano or elsewhere in Collin County, don’t hesitate. Call (214) 949-4687 to schedule your free consultation.
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