Dallas Child Pornography Lawyer

If you were accused or are under investigation for child pornography in Dallas, TX, it’s critical that you fight back. Child pornography is treated as a sex crime.

If convicted, you’ll be sent to prison for years, face steep fines and end up with a criminal record. You’ll also be subject to Texas sex offender registration requirements.

You need an experienced Dallas child pornography lawyer who will fight to clear your name. At the Edgett Law Firm, we know that your future is at stake.

Our attorneys have earned our track record of success over more than a decade – and we’re ready to use our courtroom experience and in-depth knowledge of Texas criminal law to your advantage.

If you’re ready to discuss your legal options, all you have to do is call our law offices for a free consultation. Your consultation is completely confidential.

You Need an Aggressive Dallas Criminal Defense Lawyer Who Will Fight to Protect Your Future

child pornography

Texas law enforcement is extremely harsh on anyone accused of a criminal offense involving sexual exploitation of children. Protecting children is a key priority for everyone involved in the criminal justice system. Despite this, not everyone accused of child pornography-related crimes is guilty.

Our experienced Dallas criminal defense attorneys at the Edgett Law Firm will build the strongest possible defense if you’re charged with child pornography. When you choose our law firm, you can rest assured that we will:

Investigate to Find the Facts

When you’re accused of a serious crime, you need to know the facts. By the time the prosecution charges you, they will have conducted a thorough investigation designed to establish guilt. At the Edgett Law Firm, we make sure you also get the benefit of a detailed investigation.

Our lawyers will sit down, listen to your story, and develop a strategy to find any favorable evidence that might help with your case.

We have a strong track record of helping clients clear their names in complex child pornography cases. Depending upon the facts, we may be able to prove that the person depicted was not under the age of 18 at the time or that you did not commit the acts alleged.

Safeguard Your Constitutional Rights

To get the evidence they need to prosecute, law enforcement might have searched your house and seized your computers, phone, and electronics. If that search and seizure was conducted illegally, we might be able to have any evidence found in the search excluded from consideration.

This can make it much more difficult for the prosecution to prove their case beyond a reasonable doubt.

Negotiate With Prosecutors

When we investigate your case, our goal is to find evidence that can weaken the prosecution’s case. We use any favorable evidence that we find to negotiate behind the scenes. We also find out what the prosecution knows–and work to poke holes in their evidence.

If negotiating a plea bargain is in your best interests, we’ll fight to get the best deal possible. We’ve been negotiating with prosecutors for more than a decade–so we know what types of evidence are likely to convince the state to offer a favorable plea. We’ll do everything we can to get your charges reduced or dropped if possible.

Overview of Texas Child Pornography Laws

Texas law criminalizes a number of different activities involving the sexual exploitation of minors. Those include possessing, distributing, and creating child pornography. Various activities involving child pornography are also federal crimes. Our lawyers have an in-depth understanding of these laws and know what it takes to minimize the consequences.

Examples of the charges we can work to beat include:

Possession and Promotion of Child Pornography

Under Texas Penal Code Section 43.26, both the promotion and possession of child pornography are crimes. Under the child pornography statute, it is a crime to:

  • Knowingly or intentionally possess visual images of a child under the age of 18
  • If the images depict that child engaging in sexual conduct 

Possession of child pornography is generally a third-degree felony. Second-degree felony charges apply for second-time offenders. First-degree charges apply in cases involving two or more prior convictions.

Child pornography charges can be punished more harshly if the defendant is accused of selling, transferring, or otherwise transmitting child pornography. In other words, promoting child pornography is also a crime.

Promotion of child pornography is assumed if the defendant possesses at least six identical images. Promotion of, or intent to promote, child pornography is a second-degree felony. The charges are elevated to first-degree felony charges for repeat offenders.

Sexual Performance by a Child

Texas Penal Code Section 43.25 criminalizes sexual performance by a child. Employing, authorizing, or inducing a child under the age of 18 to engage in sexual conduct or sexual performance is a second-degree felony. The crime is aggravated to a first-degree felony if the child was under the age of 14.

Invasive Photography or Visual Recording

While not specifically geared toward minors, under Texas Penal Code Section 21.15, it is a crime to photograph or record anyone without consent. The statute usually applies in situations where someone takes nude or sexually explicit photos of someone else without their knowledge.

Invasive recording charges can apply even if the child was not engaged in some type of sexual conduct. To convict, the prosecution must show that the visual material was created to arouse or gratify someone’s sexual desires. 

Federal Charges

Under federal law, child pornography is defined as any visual depiction of someone under the age of 18 engaging in sexual conduct. Even undeveloped film qualifies.

You might face federal criminal charges if interstate or foreign commerce is involved. In other words, you can be charged with a federal crime anytime the internet or U.S. mail system is used to transmit child pornography.

Understanding the Harsh Penalties for Child Pornography Conviction

Conviction on child pornography charges always carries the possibility of a harsh prison sentence, steep financial penalties, and a lasting criminal record. The severity depends upon the grading of your charges and whether your case is tried in state or federal court. 

Under Texas law, you might face:

  • Third-degree felony charges carrying between two and ten years in prison
  • Second-degree felony charges carrying between five and 20 years in prison
  • First-degree felony charges, which can carry up to 99 years in prison

Felony charges also carry a maximum $10,000 fine. Because child pornography is treated as a sex crime, however, you will also face Texas sex offender registration requirements that can last a lifetime. 

Building a Strong Defense to Child Pornography Charges in Texas

If you’re charged with child pornography, you have the right to a solid legal defense. Our lawyers at the Edgett Law Firm work tirelessly to build the type of defense that would convince a judge and jury of your innocence. 

Depending upon the specific facts and circumstances, potential defense strategies might involve:

Lack of Intent

To convict on child pornography possession charges, the prosecution must prove that you knowingly or intentionally possessed the images. In today’s world, it’s entirely possible that you received the images or videos without any knowledge of their content. 

If we can show that the prosecution is unable to prove intent, we have a strong chance at getting the charges dropped or winning a not guilty verdict.

Illegal Search and Seizure

In order to obtain consent to search your property and seize your property, law enforcement has to provide evidence to establish probable cause. Often, law enforcement investigators will use specialized software to gain evidence about the electronic transmission of prohibited images. 

At the Edgett Law Firm, we have the resources to retain experts in computers and technology that may be able to refute the basis behind any search warrant or seizure. 

Affirmative Defenses 

Texas law specifically outlines certain affirmative defenses that can be used to show that your conduct was not criminal. Those might include:

  • The person depicted was your spouse
  • You were no more than two years older than the minor who was depicted
  • The images were created for some permissible purposes, including educational or medical use

These affirmative defenses can be used if you are wrongfully accused of a crime involving child pornography.

Age-Based Defenses

It is generally not a defense to say that you didn’t know that the person depicted was under the age of 18 at the time. It is, however, a defense if the person depicted was at least 18 when the image was created.

Proving the age of the person depicted can be extremely complex–especially if the person depicted cannot be located. Our lawyers can work with respected experts who will testify as to the victim’s age and use all available means to prove that the person was at least 18 if age is a potential defense in your case. 

Call for a Free Consultation With a Seasoned Dallas Child Pornography Defense Lawyer Today

If you were accused of a crime involving child pornography, your lawyer’s skills can be critical to protecting your future. Our lawyers at the Edgett Law Firm will put the full weight of our substantial experience into building the strongest defense possible. 

To discuss legal options in your case, schedule a free consultation with a skilled Dallas child pornography lawyer today. We serve clients in Dallas and across North Texas.