Possession or Promotion of Child Pronography

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.

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 214-741-4000 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. 

We Know How to Develop The Most Effective Defense 

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


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


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 knowledge, you cannot be held accountable.


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

The 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.


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.


You are not more than two years older than the child. The age is calculated from 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.

Penalties of Possession or Promotion of Child Pornography

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. 

Protecting Your Future is Our #1 Priority

When you are accused of possessing or distributing child pornography and the stakes are high, 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 214-741-4000 for the help you need.

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.


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