Have you been charged with child pornography or a related offense involving a minor in Prosper, TX? It is not just your freedom on the line; it’s also your reputation. Conviction of a sex crime in Texas can have serious and lasting consequences. Call the Edgett Law Firm at (972) 424-0760 to speak with a Prosper child pornography lawyer during a free case review.
You do not have to face these charges alone. We will help you explore legal defenses, protect your rights, and fight for the best possible outcome.
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How Can Edgett Law Firm Can Help if You Were Arrested for Child Pornography in Prosper, TX?
Your life immediately becomes more complicated when you’re charged with a crime. When that offense is child pornography, you can expect prosecutors to go after you with all they have. You’ll need an experienced Prosper criminal defense lawyer in your corner.
From day one, our lawyers at Edgett Law Firm will help you make the best possible choices to minimize any consequences you might face.
When you hire our legal team, you can expect a lawyer who will:
- Conduct an investigation to find any evidence that might help your case
- Explore all possible defense strategies
- Negotiate with prosecutors to have your criminal charges downgraded or dismissed
- Make sure you understand the implications of accepting or rejecting a plea bargain
- Advocate zealously on your behalf at trial
Our skilled Prosper criminal defense attorneys have represented countless clients in Texas courts over the years. If you’re facing state or federal child pornography charges, we know how to build the type of defense that judges and juries respond to.
We’re available to discuss your case. Call or contact our law offices as soon as possible to schedule your free case review.
Overview of Texas Child Pornography Laws
Child pornography is any type of visual material depicting sexually explicit behavior by a minor under the age of 18 years old. The Texas statutes on child pornography crimes are far-reaching.
You could be charged with child pornography for any type of image or depiction involving minors and sexual behavior, including:
- Video recordings
- Slides or negatives
- Photographic reproductions
- Computer discs
- Computer graphics or images
Our experienced child pornography defense attorneys at Edgett Law Firm handle all cases involving child pornography, including charges of:
- Possession or promotion of child pornography
- Sexual performance of a child
- Sale, distribution, or display of harmful material to a minor
- Invasive visual recording
Don’t wait to get legal advice if you were accused of a crime involving child pornography in Prosper. Call our law offices today, and schedule a free case review to learn more about your legal options.
Possession or Promotion of Child Pornography
Possession or promotion of child pornography is an offense under Texas Penal Code Section 43.26.
Possession of child pornography is defined as:
- Knowingly or intentionally possessing any visual material that depicts a child under age 18 engaging in sexual conduct
Sexual conduct is defined broadly in Section 43.25 of the Texas Penal Code. It includes both actual and simulated sexual intercourse, sexual contact, and lewd exhibition of the child’s sex organs or breasts. Possessing child pornography is usually a third-degree felony.
Possessing child pornography with intent to promote is a more serious second-degree felony. “Promote” means to manufacture, distribute, sell or engage in similar behavior. Texas law allows prosecutors to presume a defendant possessed child pornography with an intent to promote if the defendant possessed six or more identical depictions.
Sexual Performance of a Child
Texas Penal Code Section 43.25 defines sexual performance of a child as employing, authorizing, or inducing a child younger than 18 to engage in sexual conduct or sexual performance. The prosecution must prove that the defendant knew the character and the content of the materials.
Sexual performance of a child is usually a second-degree felony. The charges are aggravated to a first-degree offense if the child is younger than 14 years old.
Sale, Distribution, or Display of Harmful Materials to a Minor
It’s illegal to sell, distribute, or even display harmful materials to a minor. It’s a criminal offense to even show pornography to a child.
Under the laws in Texas, “harmful materials” include anything that:
- Appeals to the “prurient” interest of a minor because of sex or nudity
- Is offensive to adults, when considering what is appropriate for minors to view
- Has no other redeeming social value for minors (such as an educational purpose)
The charge is usually a Class A misdemeanor or a third-degree felony, depending upon the circumstances.
Invasive Visual Recording
It’s sometimes illegal to record or photograph someone without their consent in Texas. Under Section 21.15 of the Texas Penal Code, you can be charged with invasive visual recording for photographing someone’s breasts or intimate area without their consent.
Invasive visual recording is a state jail felony. The offense is usually brought in cases involving adults. If the victim was under the age of 18, you might face these charges and child pornography charges.
What are the Penalties for Child Pornography in Prosper, Texas?
You’ll face steep penalties if convicted of child pornography in Texas. Before you even step into the courtroom, you might face damage to your reputation and relationships. The penalties only increase in severity if you’re convicted.
Punishments for child pornography depend on the exact charge involved:
- 180 days to two years in prison for a state jail felony
- Between two and ten years in prison for a third-degree felony
- Between two and 20 years in prison for a second-degree felony
- Between five and 99 years in prison, or up to life in prison, for a first-degree felony conviction
A lengthy prison sentence might be the tip of the iceberg for a child pornography conviction. In addition to steep financial penalties, you’ll be required to register as a sex offender. Sex offender registration can be a lifelong sentence in Texas.
Once you’re listed on the sex offender registry, people in your community might have access to your personal information–including details about your sex crime, your address, and even your photograph. You can also face additional felony charges if you ever fail to comply with the sex offender registration rules.
With penalties like this on the line, it’s critical that you choose the best criminal defense lawyer possible. Our lawyers at Edgett Law Firm offer a free consultation. Take us up on that offer. Call our office or contact us online today.
What Defenses Can Be Raised if I’m Accused of a Crime Involving Child Pornography?
If you’re accused of child pornography, you might think it’s just a matter of time before you’re convicted. Maybe your photo was already splashed across the news. The prosecution might have presented a case that seems iron-clad under Texas criminal law.
However, the prosecution must prove every element of the crime beyond a reasonable doubt. The prosecutor’s case isn’t always as strong as they say it is. You’ll need a strong criminal defense attorney by your side.
Our lawyers at Edgett Law Firm may be able to get your charges downgraded or dismissed using any number of defense strategies, including:
- Challenging whether law enforcement had probable cause for the search and seizure where they discovered the child pornography
- Offering proof that you didn’t know the sexually explicit materials were on your computer, tablet, or smartphone
- Finding evidence that the person depicted was at least 18 years old
- Arguing that possession of materials depicting minors was accidental–for example, if malware or spyware illegally downloaded materials onto your device
- Arguing that the prosecution has insufficient evidence to prove their case
Police and prosecutors are required to respect your rights throughout the entire criminal process, regardless of the type of criminal offense involved. We’ll meticulously analyze your case to get any illegally obtained evidence thrown out.
Our lawyers at Edgett Law Firm have been helping clients like you for more than two decades. We know which defense strategies work and which don’t. We’re ready to get started on your custom-tailored defense strategy today. All you have to do is call our offices for more information.
Schedule a Free Consultation With a Prosper Child Pornography Lawyer
Judges and juries take child pornography charges seriously in Texas. Our lawyers at Edgett Law Firm have more than 22 years helping clients fight these serious charges. We’ve reached favorable verdicts and plea deals for clients in Prosper, Frisco, and across Collin County.
If you’d like our lawyers to defend you, call an experienced Prosper child pornography lawyer to schedule a free consultation today.