Aggressive Representation for Clients Facing the Most Serious Charges
Any criminal charge can lead to serious disruption in a person’s life. Jail time, large fines, and a permanent criminal record are all common outcomes. However, things get far more serious when a person is accused of possession, distribution, viewing, or creating child pornography. It’s not even necessary for a person to be convicted of a crime. The mere allegation can lead to permanent reputational damage. This is why it’s important to speak with a Denton County child pornography lawyer the moment allegations are levied.
At Edgett Law Firm, we handle cases ranging from simple assault to homicide. However, no other crime carries the stigma of child pornography. Under the Texas Penal Code, a person could find themselves facing decades in prison. It’s an unfortunate fact, but an alleged offender is often not given the presumption of innocence — even though this is mandated by the Constitution. Luckily, you don’t have to go through this alone. A criminal defense lawyer at Edgett Law Firm will review your case to help you understand how to move forward.
Contact us today to schedule a free consultation.
What Is Child Pornography Under the Texas Penal Code?
If there’s one constant for child pornography charges in Texas, it’s the fact that convictions lead to lengthy prison sentences. However, this is often where the similarities end. That’s because the circumstances of a case will have a direct effect on how the prosecution proceeds. For a simple definition, one only needs to know that child pornography is any visual depiction (e.g., photos, videos) of sexual conduct that involves a child. However, the charges against a person can vary based on a child’s age, the amount of content they have, and various other factors.
Possession of child pornography means that a person intentionally and knowingly possessed or accessed sexual content depicting a child younger than 18 years old. More serious charges can be brought under Texas Penal Code § 21.15 if a person videotaped, broadcast, recorded, photographed, or transmitted such content. Under Texas Penal Code § 43.25, even more, serious charges can be brought if it’s believed that a person engaged in a sexual performance with a child or conspired in any way to have someone else do so.
Clearly, child pornography is a broad category under Texas law. Even if a person did not produce visual material themselves, they could be charged for possession of or promotion of child pornography. In most cases, a conviction won’t lead to state jail time — because even the lesser serious charges can result in a minimum of two years in prison. These facilities are much more dangerous than state jails, and unfortunately, those convicted of child pornography are often targeted by other prisoners.
At all costs, you must fight to minimize potential penalties.
What Are the Penalties for Child Pornography Charges in Texas?
The penalties for child pornography allegations in Texas will vary based on the circumstances of a case. For instance, possession of child pornography is a third-degree felony if a person has less than 100 images or visual depictions. This can lead to a sentence of up to 10 years in prison, and due to Texas “3G offense laws,” those convicted will have to serve the majority of their sentence before they’re ever eligible for parole.
Possessing more than 100 pieces of visual material but less than 500 is a more serious crime. This is viewed as a second-degree felony and can result in a prison sentence of up to 20 years. If an alleged offender is accused of having more than 500 visual depictions of child pornography, they may find themselves charged with a first-degree felony. Such a conviction will have a devastating effect on a person’s life — potentially resulting in a 99-year prison sentence.
It’s also important to note that many aggravating factors could affect a case. For instance, the third-degree felony of possessing 100 or fewer images becomes a second-degree felony if depicted children are under the age of 10. This is just one of many aggravating factors, but even these penalties aren’t where a person’s trouble ends. That’s because a conviction will also require a person to be listed on the sex offender registry. Even if long prison sentences are avoided, the registry will have life-long effects.
What Are Federal Child Pornography Charges?
State laws regarding child pornography can be incredibly confusing. It’s not uncommon for an infant’s intimate area to be exposed on social media by parents who think nothing of it — but similar images can result in criminal charges based on alleged intent. However, state laws are often nothing compared to charges on a federal level. If a person is accused of any of the following, they could face federal charges:
- Mailing or transferring content over a computer
- Reproducing depictions of inappropriate acts
- Advertising or promotion of child pornography through the mail or computer
- Offering or distributing child pornography to a minor
- Producing with the intent of distributing adapted depictions of minors
This list is not exhaustive, so if you don’t see what you’re accused of listed here, do not assume that the charges against you are invalid. We cannot stress enough that state and federal laws regarding underage pornography are broad, dynamic, and complex. If you’re charged with any crime related to this, it’s imperative for you to seek assistance from a child pornography attorney in Denton County. The entire trajectory of your life could depend upon this decision.
What Happens When Placed on the Sex Offender Registry?
Even if you never engage in sexual conduct with a minor, allegations of child pornography possession can destroy your life. In some cases, it may be possible to avoid the most serious penalties. In fact, this is the primary reason you should seek out law offices that can handle your case. However, even avoidance of serious prison time doesn’t mean stigma won’t follow you — and that’s because those accused of these crimes are often placed on the sex offender registry.
When this happens, anyone can look your name up online and see the charges you faced. This can reduce employment opportunities, the ability to secure housing, limit educational opportunities, restrict your ability to travel, and seriously impact your personal relationships. Even scarier, there have been stories of vigilantes accessing sex offender databases in order to identify targets for murder. This is particularly devastating when one considers the potential for wrongful convictions.
Statistics show that upwards of 10% of child sex abuse accusations are false. One might expect similar statistics for those accused of child pornography crimes. Whether there’s been a misunderstanding, blatant false allegations, or you made a serious mistake — you’re entitled to a criminal defense lawyer. These are extremely serious charges, and you should treat them as such. Let our Denton County child pornography lawyer review your case today.
Do Pictures Have to Depict Real Sexual Conduct?
When someone has a child pornography conviction on their record, it’s assumed that they possessed content showing victimized children. However, this isn’t always the case in the modern world. Due to image manipulation software — often known as “deep fakes” — it’s possible to create images and videos that resemble child pornography without a child actually being physically victimized. However, such actions can still result in criminal charges.
Editing, cropping, or otherwise manipulating a mundane image into something lewd is a more recent issue courts are having to deal with. Even though no inappropriate photos or invasive visual recording may have taken place, the prosecution could still argue that an image is child pornography — even if the original image contained no sexual conduct at all. Courts have found that it’s the intent of the content that counts, so it’s possible that a fake image could result in real consequences.
If you’re facing child pornography charges in Texas, the stakes couldn’t be any higher. You need an experienced legal professional on your side. Contact the Edgett Law Firm today to schedule a free consultation. Our Denton County child pornography lawyer will review your case and help you understand all your legal options.
Contact Our Denton County Child Pornography Lawyer Today
If there’s one thing that needs to be reiterated, it’s that child pornography laws in Texas are broad and complex. In some cases, a person could be convicted based on their alleged intent — even if no actual child was harmed. There have even been individuals charged with serious crimes because a legally allowed camera happened to record a child without their or their parent’s consent. It’s terrifying how easy it is for common mistakes to result in life-altering consequences. However, an experienced defense attorney may be able to give you a fighting chance.
At Edgett Law Firm, we understand what you’re up against. Everyone sympathizes with any child victim of these crimes, but the criminal justice system is clear on the rights of an alleged offender. These rights help the state and federal government minimize the likelihood of a wrongful conviction. While police and prosecutors may presume that you’re guilty, a Denton County child pornography lawyer can fight to stop this presumption from violating your rights. Contact us at 972-424-0760 for a free consultation.
We’re here to help.
Common questions
If there’s one constant for child pornography charges in Texas, it’s the fact that convictions lead to lengthy prison sentences. However, this is often where the similarities end. That’s because the circumstances of a case will have a direct effect on how the prosecution proceeds. For a simple definition, one only needs to know that child pornography is any visual depiction (e.g., photos, videos) of sexual conduct that involves a child. However, the charges against a person can vary based on a child’s age, the amount of content they have, and various other factors.
Possession of child pornography means that a person intentionally and knowingly possessed or accessed sexual content depicting a child younger than 18 years old. More serious charges can be brought under Texas Penal Code § 21.15 if a person videotaped, broadcast, recorded, photographed, or transmitted such content. Under Texas Penal Code § 43.25, even more, serious charges can be brought if it’s believed that a person engaged in a sexual performance with a child or conspired in any way to have someone else do so.
Clearly, child pornography is a broad category under Texas law. Even if a person did not produce visual material themselves, they could be charged for possession of or promotion of child pornography. In most cases, a conviction won’t lead to state jail time — because even the lesser serious charges can result in a minimum of two years in prison. These facilities are much more dangerous than state jails, and unfortunately, those convicted of child pornography are often targeted by other prisoners.
At all costs, you must fight to minimize potential penalties.