Were you recently arrested on child pornography charges in Collin County, TX? It’s critical to start fighting back right away. A Collin County child pornography lawyer at Edgett Law Firm can help you fight the extreme consequences of sex crime charges in Texas.
With over 22 years of combined experience, our lawyers have earned a reputation both in and out of the courtroom. We’re ready to start developing a targeted, aggressive defense strategy to protect your future.
Don’t wait to take action when you’re facing serious criminal charges. Call our law offices in Collin County, Texas, today to schedule a free consultation.
How Edgett Law Firm Can Help if You Were Arrested for Child Pornography in Collin County?
Being charged with child pornography is one of the most serious situations you can encounter. Texas prosecutors, courts, and the public take sexual exploitation of minors extremely seriously. These cases are particularly delicate and often involve sensitive evidentiary issues.
You probably already understand that possession or distribution of child pornography has the potential to destroy your reputation. You need a Collin County criminal defense lawyer in your corner who’s up to the challenge.
There are a number of things to consider when hiring a criminal defense lawyer.
When you hire Edgett Law Firm to protect your rights, you’ll have a lawyer who will:
- Fully investigate to locate all exculpatory evidence in your case
- Work with experts in forensics, computer science, psychology, and other specialties to pick apart the prosecution’s case
- Evaluate every piece of evidence set forth by the prosecution to make sure it was obtained legally
- Move to have any illegally obtained evidence dismissed
- Protect your constitutional rights from day one all the way through trial if necessary
Protecting our clients’ best interests is always our number one priority. That can mean different things in different cases. In some cases, we might fight to get the charges against you downgraded or dismissed early in the game. If that’s not possible, we aren’t afraid to stand up to prosecutors in court.
In fact, our Collin County criminal defense attorneys are known for our success in the courtroom. We’ve served clients in Fort Worth, Dallas County, and Collin County for more than two decades. If you’re under investigation for child pornography, there isn’t any time to waste. Call our experienced defense attorneys for a free consultation today.
Overview of Child Pornography Laws in Texas
Various activities involving the sexual exploitation of minors are criminal offenses under Texas state laws. Offenders can also face federal charges under the United States Criminal Code.
At Edgett Law Firm, our criminal defense attorneys have a detailed understanding of the charges you might be facing–and we know how to help you beat them.
Examples of the types of child pornography charges we can help you fight in Collin County include:
Possession and Promotion of Child Pornography
Under Texas Penal Code Section 43.26, it’s a crime to promote or even possess child pornography. The Code criminalizes specific activities related to the transmission of electronic materials depicting a minor in a sexual manner.
A person can be found guilty under the child pornography possession statute if they knowingly or intentionally possess or access with intent to view:
- Images or visual depictions of a child under the age of 18
- If the minor is engaging in sexual conduct
Possession of child pornography is typically charged as a third-degree felony. However, the charges are elevated to second-degree felonies for second offenders and first-degree felonies if the defendant has two or more prior convictions.
Promotion of child pornography is a more serious second-degree felony. A person can be found guilty of promoting child pornography if they are found in possession of six or more identical visual depictions. In such a case, the defendant is presumed to possess the images in order to distribute them.
Repeat offenders can face first-degree felony charges for promotion of child pornography.
Sexual Performance by a Child
Texas Penal Code Section 43.25 criminalizes sexual performance by a child. Under Texas state law, it’s a second-degree felony to employ, authorize, or induce a child under the age of 18 to engage in sexual conduct or sexual performance.
The crime is elevated to a first-degree felony if the child was under the age of 14 at the time of the offense.
Invasive Visual Recording
Invasive visual recording charges usually apply in situations where someone photographs or videotapes someone else for sexual gratification.
Charges of invasive visual recording or photography apply when a person is accused of:
- Recording or photographing another person without their consent
- If the visual depictions display an intimate area of the other person
Invasive visual recording is a state jail felony under Texas Penal Code Section 21.15.
Federal Child Pornography Charges
Federal child pornography charges can apply in situations where interstate commerce is implicated. Usually, that means transmission of child pornography via the internet or U.S. mail system.
Under federal child pornography laws, child pornography is any sexually explicit visual depiction of a child under the age of 18. The definition does not require the child to be engaging in sexual activity.
What are the Penalties for Child Pornography in Collin County, Texas?
Child pornography charges should never be taken lightly, regardless of how the crime is graded. A conviction for child pornography can result in harsh prison sentences, up to $10,000 in financial fines, and can destroy your personal and professional relationships.
Depending upon the specific charge, you might be facing:
- Between two years and 180 days in state jail for a state jail felony conviction
- Between two and 10 years in prison for a third-degree felony conviction
- Between five and 20 years in prison for a second-degree felony conviction
- Up to 99 years in prison if you’re convicted on first-degree felony charges
In addition to a permanent criminal record, you could also be required to register as a sex offender for the rest of your life. That can make it difficult to find housing, employment, or even participate in basic community activities.
At Edgett Law Firm, our Collin County criminal defense lawyers have represented clients arrested on child pornography charges in both state and federal court for over 22 years. We’ve earned our reputation for aggressively advocating for our clients both inside and outside the courtroom.
When you’re facing serious criminal charges, it’s never too early to get started building your defense strategy. Give us a call today so that we can get started protecting your future.
What Defenses Can Be Raised if I’m Accused of Child Pornography?
You might be tempted to give up if you’re accused of committing a crime as serious as child pornography. That would be a mistake. You have a right to a strong defense–and the prosecution should be required to prove their case beyond a reasonable doubt.
At Edgett Law Firm, our legal team will work tirelessly to identify and raise every available defense that might help in your case.
Potential sex crime defenses include:
- Lack of intent–meaning that the prosecution cannot prove that you possessed the child pornography intentionally
- Fourth amendment violations–if law enforcement obtained any evidence in your case illegally, we can file a motion to have that evidence excluded
- Age-based defenses–while it isn’t a defense to say that you didn’t know the person depicted was a minor, it is a defense if the person depicted was at least 18 years of age
- Affirmative defenses–the Texas Penal Code provides that it is an affirmative defense if (1) the person depicted was a spouse, (2) you were no more than two years older than the person depicted, or (3) the image was created for permissible medical or educational reasons
- Lack of evidence–the prosecution is required to prove every element of your case beyond a reasonable doubt and sometimes doesn’t have the evidence to succeed
Sometimes law enforcement and prosecutors break the rules because they’re in a rush to convict. At Edgett Law Firm, we’ll immediately start our own investigation into how law enforcement tied you to the child pornography in question. We’ll use the full weight of our experience and resources to poke holes in the prosecutor’s case.
You deserve the strongest defense possible if you’re facing child pornography charges. Our attorneys have the experience and resources necessary to provide that defense. We can bring in experts and specialists in technology, computers, forensics, and other specialties to support your defense.
Schedule a Free Consultation With a Collin County Child Pornography Lawyer
At Edgett Law Firm, P.C., we believe that every defendant is entitled to the strongest defense possible. If you’ve been charged or suspect that you’re under investigation for child pornography, don’t hesitate. Call an experienced Collin County child pornography lawyer today.
We have a proven track record of successfully defending clients against overzealous prosecutors. We also offer a free consultation so that you can learn more about our legal practice and how we can help.