Child Pornography

It’s illegal to possess, transmit or create any images depicting children engaged in sexual conduct. Child pornography is a serious offense under Texas law. A conviction could lead to harsh penalties including large fines and possible incarceration. Additionally, those convicted of child pornography will required to register as a sex offender. 

Simply possessing child pornography can result in serious charges. Not only this, but each transmission of child pornography can be counted as a separate charge. Allegations of child pornography alone can devastate a person’s reputation It’s important that you’re aware and prepared for what may happen next.

If you or someone you know has been charged with possessing or transmitting child pornography, it’s crucial that you seek a criminal defense attorney. 

Attorney for Child Pornography in Denton, Texas

Crimes involving children can result in severe penalties. Child pornography charges are no exception. If you’ve been charged with promoting, possessing or creating child pornography you will likely be facing a felony. You must be proactive if you want to protect your freedom. Contact the attorneys at Law Offices of Richard C. McConathy. 

Law Offices of Richard C. McConathy is a group of respected attorneys with a passion for criminal defense. Since 2002, our attorneys have been effectively and efficiently resolving cases for our clients. We can use our experience, resources and drive to help you get the best possible result for your case. Come to our office today and let the attorneys at Law Offices of Richard C. McConathy review your case today. 

Call today at 940-222-8004 and schedule a free consultation. Law Offices of Richard C. McConathy represent clients accused of sex crimes throughout the Denton County Courthouse and nearing communities including Little Elm, Denton, and Flower Mound.  

Overview of Child Pornography in Texas


Child Pornography Defined under Texas Law

It’s illegal to possess or promote child pornography in any medium under Texas law. Texas Penal Code § 43.26 defines child pornography as any visual material that illustrates a child engaging in real or simulated sexual conduct. Texas law defines “sexual conduct” as any type of sexual act such as masturbation or lewd exposure.

The District Attorney’s Office must prove certain elements beyond a reasonable doubt to obtain a child pornography conviction. Those elements include:

  • The defendant knowingly possessed or had accessed visual material;
  • The visual material portrays a person younger than 18 years old engaged in sexual conduct; and
  • The defendant was aware of the nature and content of the visual material. 

Possession isn’t the only crime under child pornography. A person who possesses child pornography with intent to distribute can also be criminally charged. Anyone who possesses six or more identical visual depictions of a child engaging in sexual content may be charged for possession with intent to promote. The penalties for possession with intent to promote are enhanced.


Penalties for Possession Child Pornography in Texas

The penalties for child pornography possession depend on the defendant’s criminal history. The following chart outlines the penalties for possession of child pornography in Texas. 

Offense

Degree of Offense

Fine

Prison Time

 First Offense

 Third-Degree Felony

 $10,000

 10 Years in Prison

 Second Offense

 Second-Degree Felony

 $10,000

 20 Years in Prison

 Third Offense

First-Degree Felony

 $10,000

 99 Years or life imprisonment

 Possession with Intent to Promote

 Second-Degree Felony

$10,000

 20 Years in Prison


Those who are convicted of child pornography may also be required to register with the sex offender database. Registered sex offenders may be forced to disclose their status in every community they live in. Most sex offenders have issues obtaining employment or housing.


Electronic Transmission of Child Pornography in Denton County, Texas

Texas law doesn’t exclude minors in child pornography laws. The teenage phenomenon known as “sexting” can lead to child pornography charges. Even if a minor promotes or possesses visual material of another minor they know, they could still be charged.

Minors who distribute child pornography virtually may be charged with electronic transmission of child pornography. Electronic transmission of child pornography is a class C misdemeanor, which is punishable by a fine of up to $500.

Electronic transmission of child pornography charges may be enhanced under certain circumstances. If the offense included any of the following factors, the charges may be elevated to a class B misdemeanor.

  • The material was promoted with the sole purpose to abuse, alarm, annoy, torment, harass, embarrass or offend another person; or
  • The defendant has one previous conviction for electronic transmission of child pornography.

The penalty for a class B misdemeanor includes up to 180 days in Harris County jail and a fine of up to $2,000.

An electronic transmission offense can be elevated to a class A misdemeanor. If the defendant has the following criminal history the charges may be enhanced.

  • One or more convictions for electronic transmission of child pornography; or
  • One or more convictions for a public indecency offense. 

Possession or Promotion of Lewd Material of a Child in Denton, Texas

Possessing or promoting material that sexually depicts children’s genitalia is illegal. This is referred to as possession or promotion of lewd material of a child under Texas law. The elements to convict a person for possessing or promoting lewd material of a child include: 

  • The defendant possessed, promoted or had access to view material that;
  • Depicts a lewd exhibition of a clothed or unclothed child’s pubic or genital area; and
  • The material was created for a prurient interest in sex; and
  • Has no serious political, artistic, literary, and scientific value. 

Possession or promotion of led material is a state jail felony. A state jail felony is punishable by up to 24 months in jail, and a fine of up to $10,000. A second offense may result in a third-degree felony that is punishable by up to 10 years in prison, and a fine of up to $10,000. Those who have two or more convictions may face a second-degree felony. The penalty for a second-degree felony is up to 20 years in prison and a fine of up to $10,000. 


Defenses to Child Pornography Charges in Texas

Child pornography accusations are stressful enough. A conviction can devastate your personal and professional life, and you may even be forced to register as a sex offender. This is why it’s important you act now. Hiring a skilled attorney can significantly increase your chances of having your charges reduced or dismissed.

Having an experienced attorney on your side can make a huge difference in your case. A defense attorney can gather relevant evidence, file motions, suppress evidence and fight for you in court. With their assistance, you can mount a strong defense for your case. 

The following are some admissible defenses for child pornography charges under Texas law.

  • The defendant was a spouse of the minor during the offense;
  • The visual material served a medical, psychiatric, judicial, educational, legislative or psychological purpose;
  • The defendant was a part of law enforcement or a law enforcement school administrator and possessed the material for a career-related purpose, and the material was destroyed in a timely manner; or
  • The defendant was no more than two years older than the minor. 

Additional Resources

Texas Child Pornography Laws – Visit the official website for the Texas Penal Code, a collection of state laws that address criminal offenses. Access the statutes and find more information about public indecency offenses. Here you can learn more about child pornography offenses, prostitution offenses, and the criminal penalty for those who don’t report child abuse.

THORN – Visit the official website for THORN, a non-profit organization whose mission is to stop the spread of child sexual abuse material and stop child traffickers. Access the site and learn more about child pornography through statistics, infograms, and resources provided by THORN.


Denton Lawyer for Child Pornography in Texas

If you or someone you know has been charged with possessing or promoting child pornography, it’s vital that you gain legal representation now. Child pornography charges are serious, and the allegations alone can uproot a person’s life. Protect yourself and your reputation with the attorneys at Law Offices of Richard C. McConathy.

The attorneys at Law Offices of Richard C. McConathy have handled numerous child pornography cases in Texas courts. Our attorneys can mount a strong defense for you. Don’t put your future in uncertain hands. Call the attorneys at Law Offices of Richard C. McConathy today to have your charges evaluated.

Law Offices of Richard C. McConathy accepts clients throughout the greater Denton County area and surrounding communities including Westlake, Flower Mound, Denton, and Little Elm. 

Call us today at 940-222-8004 to schedule a free consultation surrounding your charges. 


This article was last updated on November 28, 2018.

 

Free Consultation

All fields are required.

Our Office
map Denton, TX
1308 Teasley Lane, Suite 116 Denton, TX 76205
View Map
Lewisville, TX
405 TX-121 a250 Lewisville, TX 75067
View Map
Dallas, TX
15110 Dallas Pkwy #400 Dallas, TX 75248
View Map
Primary office location in Dallas, TX
DWI Case Results
  • DWI Blood Test Case + Prescription Meds Dismissed (Cr200606211)
  • DWI Breath Test Case, Result Of .224 Dismissed (Mb0453171)
  • DWI Breath Test Refusal Not Guilty (005-84171-05, Ccl6)
  • DWI Breath Test Refusal Dismissed (1158539)
  • DWI, Open Container Dismissed (Mb0534487)
  • DWI, Accident + Open Container Not Guilty (M0524353)
  • DWI Dismissed, Refiled As Obstruction (M0460867)
  • 2nd DWI, Breath Test Refusal Dismissed (Mb-0262214-G Ccc6)
  • 3rd DWI Breath Test Refusal Dismissed (0913260d Cdc3)
  • Intoxication Assault, Breath Test Case, Result of .17 Dismissed (F09-52586)
  • DWI, Accident Not Guilty (M0538149)
  • DWI, Evading Police Not Guilty (M0640450)
  • DWI, Passed Out At The Wheel Not Guilty (Cr200707935)
View More Results
Client Testimonials

I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.

Leslie L. Denton County DWI

A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

Stephanie C. Denton County DWI
Proud Members Of These Organizations:
Texas Criminal Defense Lawyers Association
Dallas Criminal Defense Lawyers Association

Client Reviews & Testimonials