Child Pornography Lawyer in Plano Fighting for Your Innocence

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, and now is not the time to talk to the police and explain what happened. 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.

One possible defense is that the child pornography was not yours. Perhaps it was found on your computer after someone else used it without your knowledge or permission. Or maybe you were set up by someone who planted the images or videos on your device maliciously. In any case, your lawyer will carefully examine the evidence against you and look for any loopholes or inconsistencies which could help exonerate you.

Another possible defense is that the material was not actually pornographic in nature. The images or videos may have been deemed indecent but not obscene according to the definition set forth in the Texas penal code. Your lawyer will make sure that the prosecution can’t prove beyond a reasonable doubt that the material was actually pornographic and not just suggestive. No matter what the circumstances of your case may be, you need an experienced child pornography lawyer on your side fighting for your innocence.

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 ensure that you fully understand what needs to be done to best represent you. Together, we will establish the most effective defense for you. Call us at 469-457-4868 for immediate help.  

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:

1. 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
2. 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. We know how to investigate these charges and every single detail is important. Each case is unique and we never prepare a plain, cookie-cutter defense. The following are defenses that will be investigated, three of which are known as affirmative defenses:

• 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.

As your lawyer, I will meticulously investigate every detail surrounding the facts and circumstances of your case ensuring everything will be done to most effectively defend you.

What are Common Penalties for Child Pornography Offenses? 

If accused or charged with possession or promotion of child pornography, you need to know what you are up against. In the state of Texas, here is what you face:

• First time offense: 2-10 year prison sentence and fine of up to $10,000.
• Second-time offense: 2-20 year prison sentence and fine of up to $10,000.
• Subsequent offense: 5-99 year prison sentence and fine of up to $10,000.

Additional consequences, whether it is your first offense or not, include:

• Registration on the sex offender list.
• Permanent criminal record.
• Inability to hold certain jobs.
• Inability to live in certain places.
• Revocation of right to own firearms.
• Revocation of child custody or visitation.
• Denial of citizenship, visa, permanent residency, or deportation.
• Revocation of right to vote.

If you face a federal charge of sexual exploitation of children (18 U.S.C. § 2251), you face:

• First offense: 15-30 year prison sentence.
• Second offense: 25-50 year prison sentence.
• Third offense: Up to a lifetime prison sentence.

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 year prison sentence.
• Second offense: 15-40 year prison sentence.

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 year prison sentence.
• Second offense: 15-40 year prison sentence.

Should I Hire Criminal Defense Attorneys for My Case? 

When you are accused of possessing or distributing child pornography, the stakes are high and you need The Wilder Law Firm in your corner. We are a dedicated team who will guide you through this process ensuring the most effective defense is developed. As trying of a time this will be, we are here for you. Call us immediately at 469-457-4868 for the help you need.