Category Archives: Child Pornography Charges

Thirteen Significant New Texas Criminal Laws Effective in 2023 

Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations.  From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…


Encryption and Law Enforcement Investigations: Police Access to Encrypted Data

Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service.  It’s being heralded as “police-proof” in the media.  Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…


Online Child Pornography Arrests: Video Conferencing and Online File Sharing Services Targeted by Federal Investigators

It’s incredibly easy to chat or share photos over the internet today – for free.  Popularity skyrocketed for these online opportunities for business conferences as well as personal conversations with friends or family during the COVID Pandemic.  Now, video conferencing and online file sharing services are commonplace and their popularity continues to grow.  Read, “Videoconferencing…


Internet Sex Crimes: Criminal Defense Overview of Texas Online Sexual Offenses

Internet sex crime charges can be filed in Texas based upon either state or federal law.  These cyber-crime sexual offenses frequently involve serious felony charges, where those convicted of online sexual offenses face lengthy incarcerations as well as fines and mandatory registration as a sex offender. Considering how heinous even a rumor that someone is…


Racketeering in Texas: Criminal Defense Against RICO Charges

Today, everyone recognizes organized crime known as the “Mafia” or the “Cosa Nostra,” but it wasn’t until the middle of the 20th Century that these criminal enterprises were confirmed to exist.  A man named Joseph Valachi is credited with being the first organization member to authenticate its existence, and he did so during public testimony…


Fort Worth Federal Judge John McBryde Child Porn Downward Departure Sentence

Mr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network.  The file sharing network being investigated was called eDonkey.  eDonkey required its users to download file sharing software called Shareaza.  This software enabled the users…


Sexual Performance of a Child: Criminal Charges under Texas Penal Code § 43.25

Anyone under the age of eighteen (18 years) is considered a child under Texas law: their involvement in either sexual conduct or sexual performance is a crime. The Crime of “Sexual Performance of a Child” The crime of “sexual performance of a child” is defined under Texas Penal Code Section 43.25 as involving any individual…


Invasive Visual Recording: Texas Felony Arrest

Voyeurism: Arrested for Non-consensual Photography in Texas Not too long ago, the Texas Court of Criminal Appeals ruled the then-existing criminal statute regarding “improper photography” was unconstitutional.  Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The 2014 opinion from our highest criminal court had a tremendous impact on pending prosecutions for serious felonies like…


Federal Sentencing Guidelines on Federal Child Pornography cases

How the Federal Sentencing Guidelines are applied in a child porn case Child pornography arrests in Texas are often made by federal agents for violation of federal law.  Congress has passed sweeping and specific criminal statutes dealing with child pornography.  Found in Title 18 USC 2252 – 2260, they define the actions that constitute child…


Dallas Sex Crime Arrests and Possible Criminal Charges against the Dallas Vice Unit

Texas has more human trafficking cases than any other state in the union except for California, and most of this is sex trafficking.  Texas being Number Two in the USA isn’t news to those involved in the criminal justice system here in North Texas.  It’s been this way for several years now.  In fact, the…