When faced with child pornography charges in Texas, a conviction can lead to serious consequences. Downloading, possessing, or transmitting child pornography on a computer is a serious crime and is often charged as a federal offense, which can result in up to five years in prison, even for first-time offenders. Child pornography is defined as any visual depictions of sexual conduct that involves a child of any age (younger than 18). Texas law also prohibits any person from selling or transporting this type of pornography as well.
It’s important to never make any statement to law enforcement until you have an experienced criminal defense attorney representing you with a child pornography charge. This would help protect your rights and help you to get the best possible result for your particular case.
Understanding Child Pornography Penalties
Child pornography is a serious sex crime. Under Texas Penal Code 21.15, it is illegal to record, broadcast, videotape, photograph, or transmit any visual image of a child without the consent of the child as well as with the intent to sexually gratify or arouse someone. The person must knowingly or intentionally possess this visual material in order to be charged and perhaps convicted of child pornography in Texas.
Possession of child pornography is a third-degree felony with a prison sentence of two to 10 years and a fine up to $10,000. If someone is in possession of visual material with six or more depictions, he can be charged with the intent to promote child pornography, a second-degree felony. This felony can be two to 20 years in prison with the same fine allotment. Also, improper video recording or photographing of a minor is a state jail felony which can lead to 180 days to two years in prison and $10,000 in fines.
Call to Speak to a Criminal Defense Attorney Today
If you’re currently under investigation for possession of child pornography or already have been arrested and/or charged, you need the expertise of a criminal defense attorney. Derek W. Emmons, a criminal defense attorney in Texas, has years of experience defending individuals like you. To learn more about his legal services, call 210-226-2800 today.