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When you’re facing child pornography charges in Texas, a conviction can have serious consequences for your life and future. Possessing, downloading, or transmitting child pornography on a computer is a serious crime and is a federal crime, which can lead up to five years in prison. This applies to first-time offenders too. Child pornography is defined as visual pictures of sexual conduct that involves a child, anyone under 18. Texas law also prohibits someone from transporting or selling this type of pornography too.
When it comes to these serious criminal cases, it’s important to not make a statement to police until you have an experienced criminal defense attorney representing you. We at Maverick Ray & Associates have experience representing individuals with charges such as you and know how to protect your rights throughout the entire legal process.
Ultimately, child pornography is a serious sex crime in Houston. Under Texas Penal Code 21.15; it is illegal to broadcast, photograph, videotape, record, or transmit any visual image of a child without their consent and with the intent to arouse or sexually gratify someone. The person charged must intentionally or knowingly possess this material in order to be charged and convicted in Texas.
Possession of child pornography is a third-degree felony in the state with a prison sentence of two to 10 years and a fine up to $10,000. If someone possesses visual material with six or more depictions, they can be charged with the intent to promote child pornography, which is a second-degree felony. This felony can be two to 20 years in prison with the same fines.
A criminal defense understands the defense strategies associated with these types of cases. Some of the most common ones include:
A defendant is not in possession: This means that the material didn’t belong to the defendant. This defense can be used if the content was found on a computer that is shared. A criminal defense lawyer can establish this defense by having a computer forensic expert by showing how and when the content was downloading and establishing an alibi.
The material isn’t pornography: In order for it to be porn, it must meet the definition set forth by the law. If the content doesn’t include children, it isn’t considered child pornography. Additionally, any content that is for educational purposes isn’t child porn either.
Unintended possession: This defense argues that the defendant accidently received the porn through email or by clicking on something on a website. A criminal defense lawyer can establish his defense by showing the limited time that someone spent on that particular website.
Illegal Search: The defendant can use this defense if their things were search and seized illegally.
