Texas Cop Investigated for Lewdness and Child Pornography by Texas Rangers

News reports are popping up across the state today about an officer with years of service at the Wylie Police Department who just got put on paid administrative leave after allegations were made against him involving lewd behavior and child pornography.   The patrolman has voluntarily turned over his home computer to the Texas Rangers, who are investigating, and undoubtedly this story is going to get bigger as the contents of that computer are revealed.  (We’re not sharing his name now because he hasn’t been arrested yet.)

Already, it is known that there are photographs on that home PC that are pornographic: images of the Wylie police officer having sex with an unidentified woman; a nude woman posing with his Wylie Police Department badge, the list goes on.

How did this discovered?

Seems that someone took images from the Wylie cop’s home computer and sent them to everyone on his email address list, including someone at the Wylie Police Department’s Powers That Be.  That happened Monday night.  Not clear how fast the Texas Rangers were called but it’s Wednesday morning and they’re definitely on the job.  (As are the Garland Police Department since the officer resides in Garland, and therefore that may be where crimes actually occurred.)

Why are the Rangers jumping in so fast?  Seems some of these images aren’t just pornographic — they are CHILD pornography.

Within 48 hours of the mass email mailing, the Wylie officer was suspended by the Wylie Police Department and while they were at it, the Wylie Police Department also placed two employees on leave that are shown in these photos:  a female dispatcher and another department employee.

Lewd Behavior is a Misdemeanor and Child Pornography is a Felony

It’s serious enough for a Texas police officer to be engaged in pornography on his home computer: that can constitute the crime of lewd behavior under the Texas Penal Code, but to have child pornography on his PC is shocking.  After all, not only are police officers under oath to protect and serve, they are also well aware of the crimes defined by statutes in this state, no excuses here:

Texas Penal Code Section 21.07: PUBLIC LEWDNESS

a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:

(1)  act of sexual intercourse;

(2)  act of deviate sexual intercourse;

(3)  act of sexual contact; or

(4)  act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.

(b)  An offense under this section is a Class A misdemeanor.

It is much more serious for this member of Texas law enforcement to be involved in child pornography; this is a felony in the Texas Penal Code (and may constitute a federal crime as well):

Texas Penal Code Sec. 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.

(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.

(d) An offense under Subsection (a) is a felony of the third degree.

(e) A person commits an offense if:

(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and

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

(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

(g) An offense under Subsection (e) is a felony of the second degree.