What Charges Can Someone Face for Child Pornography in TX?
Texas has strict laws against the exploitation of children in pornographic materials. These child pornography or obscenity laws make the possession, production, sale, transport, and distribution of pornographic materials depicting or involving minor individuals under 18 years old illegal and punishable under law.
It’s also crucial to note that saving or downloading child pornography to a computer device and emailing, sharing, or otherwise circulating copies of the pornographic material counts as control or possession of child pornography.
Child Pornography Laws in TX
Under Texas child pornography laws, you could face charges for any of the following:
- Possession of child pornography
- Promotion of child pornography
- Electronic transmission of visual materials depicting minor
- Production of child pornography (under the charge of sexual performance by a child)
For one of these charges to stick, it’s the job of the prosecutor to prove that the alleged defendant participated knowingly in the distribution, possession, or production of child porn materials. Under the law, “knowingly” indicates that the defendant was aware of the pornographic material’s content.
Penalties for Child Pornography Convictions
In Texas, even possession or viewing child pornography materials is a third-degree felony charge. This can mean fines up to $10,000 and a prison sentence of two to ten years. A second conviction is a second-degree felony, with possible punishment of up to 20 years in prison. For a third conviction, you can face first-degree felony charges and up to 99 years in state prison.
If you are accused of possessing six or more copies of child pornography, you can face charges of promotion. This is a second-degree felony for a first offense or a first-degree felony for a subsequent offense. A first conviction of sexual performance by a child (creating child pornography) can be one of the following:
- Second-degree felony for performance involving a child age 14 to 17
- First-degree felony for performance involving a child 13 or younger
All individuals convicted for a child pornography-related offense must register as a sex offender through the state’s Sex Offender Registration Program. Often, registration is for life, so anyone can search online and discover that you have a child pornography conviction.
Some people are prosecuted in federal court for child pornography charges, and the penalties can be even more serious. It is essential to have an attorney with experience defending against federal criminal charges.
Get Legal Help From an Experienced Sex Crimes Defense Attorney in Dallas
Whether you’re prosecuted under state or federal law, violating any law related to child pornography usually leads to hefty fines and long prison sentences. If you have been accused of violating a child pornography law, do not waste time and contact the law office of J. Michael Price II as soon as possible. Our skilled Texas criminal defense attorneys can help ensure that your legal rights are protected. Reach out online to set up your free consultation today.