Category Archives: Child Pornography Charges

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…


10 Things To Know About Felony Child Porn Charges in Texas

If you think you are being investigated on child pornography charges, then it’s wise to be proactive and learn all you can about state and federal laws for sex crimes and how fast your world can be turned upside down with an arrest. Child Porn Arrests Can Mean Jail and Sex Offender Registry Sentencing can…


Probation In A Federal Child Porn Case: Case Study by Defense Attorney Michael Lowe

An Arlington family hired Texas defense attorney Michael Lowe to defend their son on a potential federal trafficking of child pornography.  A few days before, the Department of Homeland Security (“DHS”) under Homeland Security Investigations (“HSI”) executed a federal search warrant for computers and hard drives at the Arlington family residence. Mr. Lowe’s client was…


When Sexting is a Crime in Texas

Last Friday, former New York Congressman Anthony Weiner pled guilty in a federal court to the felony charge of transferring obscene material to a minor as part of a plea deal. His sentencing hearing is scheduled for September 8, 2017.  It’s understood that as part of the plea agreement with the U.S. Attorney General’s Office,…


Child Pornography: Defending Against Overreaching Investigations Using the Internet

Here in Texas, specific teams of law enforcement are dedicated to investigating, arresting, and prosecuting child pornography laws.  Their focus is solely on building cases against individuals violating either state or federal child porn statutes.   That’s fine.  Task forces have been around for years. Overreaching Child Porn Investigations Violate the Law The problem today is…


Loss of Privacy And Arrest in Texas: Hurting Your Job, Your Relationships, Your Life

You can be arrested under either federal or state law here in Texas. We’ve discussed how those two systems work side by side here in Dallas, Fort Worth, and North Texas. For more on the process of being detained, arrested, and released on bail, read: Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and…