Possession and Distribution of Child Pornography

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Federal and Texas Laws against Child Pornography Are Strictly Prosecuted

Both federal and state law enforcement zealously prosecute child pornography charges and those being investigated for these kinds of charges are especially at risk to being dealt with in a severe and harsh manner by both police and prosecutors. Upon sentencing, punishments for child porn can be severe: there may be mandatory minimum sentences, and the requirement to become a registered sex offender (something that can never be removed from your public record).

It is extremely important for anyone who even suspects that someone is investigating them for child pornography charges to be protective of their legal rights, including gaining the help of an experienced child pornography defense attorney and to avoid compromising those rights in early dealings with the police.

See: Michael Lowe’s Defense Report on Texas Pre-Arrest Criminal Investigations

Laws against Child Pornography under Federal and Texas Law

Federal law defines “child pornography” as follows in 18 USC Section 2256(B) (8):

“child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

 

Texas Penal Code Section 43.26 goes into detail regarding child pornography:

 

§ 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.

(a) A person commits an offense if:

(1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and

(2) the person knows that the material depicts the child as described by Subdivision (1).

(b) In this section:

(1) “Promote” has the meaning assigned by Section 43.25.

(2) “Sexual conduct” has the meaning assigned by Section 43.25.

(3) “Visual material” means:

(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or

(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

 Internet Sex Crimes

A new tactic used by many law enforcement agencies is having one or more officers pose online as someone to be trusted as they try and build a case against an individual for internet sex crimes which end up, upon conviction, with someone facing a lifetime’s labeling as a “registered sex offender” with all the ostracism and shame that comes with that label – as well as the possibility of spending several years in prison as a part of the sentence. Internet sex crimes under state or federal law include:

• Solicitation
• Possession of child pornography
• Distribution of child pornography
• Sexting.

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Texas Child Pornography Criminal Defense Lawyer

Individuals being investigated or charged with any type of possession or distribution of child pornography charges are especially vulnerable to ridicule, shaming, and a lack of support as they face stigmatization by society and the life crisis of defending themselves against serious criminal charges and felony sentences.

It is important for these defendants to have legal counsel that understands their unique situation and is ready to aggressively defend them against each state or federal criminal sex crime charge. If you have been charged with a sex crime, including felony possession and distribution of child pornography, or if you are being investigated for child pornography charges, having a criminal defense lawyer working on your side with experience in defending these kinds of charges is very important.

 Dallas Child Pornography Charges Defense Lawyer

As a former prosecutor turned criminal defense lawyer with over 150 jury trials defending clients against charges brought by district attorneys and U.S. federal prosecutors in Dallas County, Tarrant County, and elsewhere in the State of Texas, Board Certified Criminal Lawyer Michael Lowe not only brings his years of experience to each case, he also dedicates 100% of his law practice to the defense of those being accused of a crime under Texas or federal law.

With a streamlined law firm that coordinates its efforts to give each client the personal attention that they need and deserve when fighting against the government and the possibility of jail time, fines, permanent marks on public records, prison incarceration, loss of licensure, loss of jobs, absence from family events and everyday living, Michael Lowe maintains an efficient and excellent criminal trial practice that is ready to help you or your loved ones in your defense against criminal charges from pre-arrest investigation to post-trial appeals.

To discuss your case in a free and completely confidential consultation, please contact Dallas Board Certified Criminal Lawyer Michael Lowe today.