Fort Worth Child Pornography Defense Lawyer
Throughout the United States, it is illegal to possess, promote or distribute child pornography in any capacity. More specifically, Texas Penal Code § 43.26 states you could be charged with a crime if you have knowingly or intentionally come into possession of any "visual material depicting a child under 18 at the time the image was made engaging in sexual conduct."
Have You Been Arrested for Child Porn?
If it is discovered that you are in possession of six or more identical visual depictions of child pornography, it will also be presumed that you possess the material with the intent to promote it—elevating this crime to a much more serious offense.
Whether you have been charged with the possession or promotion of child pornography, the crime will be prosecuted as a felony sex offense.
If you have been accused of possessing an illicit depiction of a minor, you would be charged with a felony in the third degree. If you have been accused of promoting child pornography, you would be charged with a felony in the second degree. Both crimes carry a hefty prison sentence and costly fines, so it is highly recommended that you retain the help of our Fort Worth criminal lawyer as soon as you have been arrested.
I am available to discuss your case 24/7 when you give my firm a call.
Possible Penalties for Child P in Texas
In Texas, possession of child pornography is a third-degree felony and promotion of child pornography is a second-degree felony. This means that you could be facing serious legal consequences if you have been charged with either one of these crimes.
Penalties for child pornography include the following:
- Child Pornography Possession: 2 to 10 years in prison and $10,000 in fines
- Child Pornography Promotion: 2 to 20 years in prison and $10,000 in fines
Implementing an Affirmative Defense
Under the law, there are several affirmative defenses that could be utilized on your behalf. For example, you cannot be held criminally responsible for possessing child pornography if you had reason to believe that the minor was, in fact, over the age of 18—as the statute specifically states that the defendant must have intentionally or knowingly possessed a visual depiction of child pornography.
it is an affirmative defense to prosecution that:
- The defendant was the minor's spouse at the time of the offense or
- The material was used for a bona fide educational, medical, psychological, judicial, law enforcement or legislative purpose.
Call The Law Office of Samuel R. Terry, P.C.
If you or someone you love has been accused of possessing or promoting child pornography in Texas, taking action quickly is crucial. Fortunately, getting started is as easy as contacting the Fort Worth criminal defense attorney at The Law Office of Samuel R. Terry, P.C. For this reason, we encourage you to take the first step today by giving us a call at (817) 882-9977. You can also fill out a free case evaluation form online.
Not only are we available to discuss your case 24 hours a day, 7 days a week, but your initial consultation won't cost you a thing. Contact us today.