Kiddy Porn Offenses & Texas Criminal Law

There are harsh laws set to convict persons found possessing child pornography. In Texas, the punishment is more stringent. Child pornography is any visual depiction of sexual conduct involving a minor. A minor according to Texas law is a person under the age of 18 years. It is a crime to intentionally and knowingly have pictures or videos of minors engaging in sexual conduct. Penalties for possession of child pornography in Texas are severe and may lead one to be spending their remaining lives in jail or end up paying a considerable amount of fines. If you’re facing criminal charges for possession of child pornography in Harris County, contact an experienced Houston criminal defense lawyer for help.

Texas Laws Regarding Child Pornography

RESOURCE: Texas Sex Crime Laws

Under section 43.26(a) of Texas penal code, a person commits a child porn offense if:

1. They knowingly or intentionally possess visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.
2. They know that the material depicts the child as described by Subdivision (1).

Possible Penalties for Possessing Child Pornography

Punishments for employing a child to perform sex are severe, but to be charged, the prosecutor must prove that;

1. The child is under 18 years of age at the time the recording happened.
2. The possessor knowingly and intentionally had child pornography.
3. The offender had the pornographic material with the intent to view.

If enough evidence is provided, the conviction given will depend on whether the person was found in possession of sexually explicit material involving a child or whether the person had the intent to view or sell the pornographic material.

Possession Charges

First-time offenders are charged with a third-degree felony. However, for repeated offenses, one will face a first-degree felony. Other charges involve spending between two to twenty years in jail and a fine that may be as high as $10,000.

Distribution Charges

If found with the intent to distribute, you face a second-degree felony or a jail term of between 2-20 years or a fine of $10,000. But just like possession if it is your second time to be convicted you face a first-degree felony.

Serious charges may lead to a person registering themselves as a sex offender for their remaining lives thereby ruining their reputation.

Also note that, sexting which involves minors sending sexually explicit content to each other whether for romantic purposes or any other reason, can be seen as child pornography and hence attracts convictions.

Penalties for sexting may cause a minor to be charged with a misdemeanor offense and attended education classes with their parent. But repeated offenders may face a jail term. Also, a person may have to register as a sex offender, but the good news is that it will not last for the rest of the person’s life for children.

Defenses for Child Pornography Possession

It is possible for one to defend themselves and avoid charges. In most cases, the argument is usually that the accused was not aware that the person in the recording is or was a child. For example, if the accused claims that the child lied that they are above 18 years and can prove then they may not be charged at all. But if the prosecutor is also unable to show that the person knowingly and intentionally possessed child pornography, the person may not be convicted.

The defense can also be that the pornographic content was for medical, psychical, psychological or law enforcement purpose.

It is essential to understand the seriousness of charges against child pornography. At any point, it is advisable that you do not represent yourself in court. Instead, source out for a good defense lawyer who will be able to build a strong defense argument for you.