Facing Child Pornography Charges in Texas? Know Your Rights

 Posted on July 30, 2023 in Uncategorized

In the great State of Texas, crimes against children are taken seriously and prosecuted aggressively. Police, prosecutors, and judges take a firm approach when it comes to punishing people accused of possessing, producing, selling, or distributing media showing minors under the age of 18 engaged in sexual conduct. The offense of possessing child pornography is so serious that, in addition to the typical criminal penalties, a conviction requires a lifetime registry on the Texas sex offender list. 

Life for those found guilty under Texas child pornography laws, therefore, becomes very difficult for many reasons. If you find yourself facing charges related to child pornography, you need to act quickly to hire a criminal defense attorney who will give you a strong defense.

How Do Police Find Evidence of Child Pornography?

Law enforcement has a wide variety of tools to find child pornography. Erasing files, emails, or texts does not prevent someone from getting caught. Once authorities have reasonable grounds to suspect someone of possessing child pornography, they may seek a search warrant, allowing them to:

• Search someone’s home, work, vehicle, phone, and computer

• Confiscate electronic devices to be searched by professionals for deleted content

• Search peer-to-peer file-sharing networks

• Access someone’s internet search history, cache, cookies, and passwords

• Try to catch someone in online police stings

• Subpoena internet service providers for information about a suspect’s internet habits

What Are the Consequences of Possessing Child Pornography in Texas?

No matter how law enforcement uncovers child pornography, a suspect faces charges of a third-degree felony. Juries lack sympathy for those accused of child pornography-related offenses and are usually keen to support the most severe punishment allowable.

Penalties for possession of child pornography can include: 

• A prison sentence of two to ten years

• Fines reaching up to $10,000

• Register as a national sex offender for life

In situations where an individual possesses six or more explicit images, videos, or media featuring minors in a sexual context, they may face charges of intent to promote, irrespective of whether they actually distributed the illicit content to others. Punishments are enhanced for people who have previous convictions or who are convicted under certain circumstances, like charges of human trafficking or kidnapping.

A conviction for distributing child pornography may be penalized with up to 20 years' imprisonment for the first offense and up to 99 years for any further offenses. A first conviction for creating child pornography allows a staggering sentence of 99 years behind bars.

Contact a Marble Falls Sex Crimes Attorney

If you have been accused of or charged with possession, creation, or distribution of child pornography, you need the help of a Llano County crimes against children defense attorney right away. At Law Office of Russ Alan Baker, PLLC, we firmly believe that an accusation does not make someone guilty and that you deserve fair and impartial representation. With an impressive track record of success, we advocate for every client, regardless of their circumstances. Call us today at 325-216-2006 to arrange a confidential consultation.

Source: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm