Child Pornography Defense Attorney Dallas
» Print This PageFacing Child Pornography Charges? You Need an Experienced Attorney to Defend Against These Serious Charges
A knock on the door from federal agents or Dallas County investigators changes everything.
Your computer has been seized.
Your name is attached to accusations that carry mandatory prison sentences, lifetime sex offender registration, and a permanent public record that will follow you for the rest of your life.
Child pornography charges under Texas Penal Code Section 43.26 or federal law under 18 U.S.C. Section 2252 are prosecuted with an intensity that few other criminal offenses receive.
Law enforcement agencies dedicate entire task forces to these investigations.
Prosecutors pursue maximum sentences.
Judges hand down punishments that can exceed what defendants receive for violent crimes.
The consequences of a conviction extend far beyond prison time.
You will lose your job.
Your professional licenses will be revoked.
Your family relationships may never recover.
Your photograph and personal information will appear on sex offender registries accessible to anyone with an internet connection.
And the social stigma that accompanies these charges begins the moment accusations become public, often before you ever set foot in a courtroom.
But being charged is not the same as being convicted.
The government must prove every element of its case beyond a reasonable doubt.
Evidence obtained through illegal searches can be suppressed.
Computer forensics are complex and often misinterpreted by investigators who lack technical expertise.
The question of whether you knowingly possessed illegal material, or whether images appeared in your browser cache without your awareness, can determine whether you face decades in prison or walk free.
You need a Dallas child pornography attorney who understands how prosecutors build these cases because he used to be one himself.
How Michael Lowe Can Help You Defend Against Child Pornography Charges
Fighting child pornography possession charges or promotion of child pornography allegations requires more than general criminal defense experience.
These cases involve highly specialized areas of law, complex digital evidence, and sentencing enhancements that can transform a third-degree felony into a first-degree offense carrying a 25-year mandatory minimum.
Michael Lowe provides aggressive defense representation for individuals facing state and federal child pornography charges throughout Dallas County and Texas, including:
Possession of Child Pornography Defense
Texas Penal Code Section 43.26 makes it illegal to knowingly or intentionally possess visual material depicting a child younger than 18 engaged in sexual conduct.
A first offense is typically charged as a third-degree felony, punishable by 2 to 10 years in prison.
But the penalties escalate rapidly based on the number of images, prior convictions, and the age of the children depicted.
Possession of 10 or more images can elevate charges to a second-degree felony.
Possession of 50 or more images, or material depicting children under 10 years old, can result in first-degree felony charges with mandatory minimum sentences of 15 to 25 years.
Michael Lowe examines the forensic evidence in every possession case to determine whether the government can actually prove knowing possession.
Images that appear in temporary internet files, browser caches, or shared folders on peer-to-peer networks may not constitute intentional possession under the law.
Promotion of Child Pornography Defense
Under Texas law, a person who possesses six or more identical images is presumed to have the intent to promote child pornography.
Promotion includes selling, distributing, transmitting, or even simply sharing material with others.
This charge is a second-degree felony carrying 2 to 20 years in prison for a first offense, and escalates to a first-degree felony with a conviction that can result in life imprisonment for repeat offenders.
The presumption built into Texas law places an enormous burden on defendants.
Michael Lowe challenges these presumptions by examining how files were stored, whether sharing actually occurred, and whether the government can prove intent beyond automated processes or malware infections.
Federal Child Pornography Defense
When child pornography crosses state lines through the internet or through the U.S. mail system, federal prosecutors under 18 U.S.C. Section 2252 take jurisdiction.
Federal charges carry even harsher penalties than state offenses.
A first-time offense for receiving or distributing child pornography carries a mandatory minimum of 5 years in federal prison and a maximum of 20 years.
A second offense carries a mandatory minimum of 15 years and a maximum of 40 years.
Possession charges at the federal level carry up to 10 years for a first offense, with enhanced penalties if the images depict children under 12 years old.
Federal sentencing guidelines calculate additional points based on the number of images, the use of computers, the age of victims, and whether the defendant was in a position of trust.
Michael Lowe has defended clients against federal charges and understands how to challenge federal sentencing enhancements that can add decades to a prison sentence.
Internet Sex Crime Investigations
Law enforcement agencies use sophisticated techniques to investigate child pornography offenses.
Undercover officers pose as minors in chat rooms.
Task forces monitor peer-to-peer file sharing networks.
Investigators use IP address tracking to identify internet connections used to download or distribute illegal material.
Many of these investigations involve search warrants based on information from third-party software tools that have faced legal challenges for accuracy and reliability.
Michael Lowe scrutinizes every aspect of how investigations are conducted, from the initial tip that generated law enforcement interest to the forensic analysis of seized computers.
Constitutional violations during searches can result in evidence suppression that forces prosecutors to dismiss charges.
Pre-Arrest Investigation Defense
Some of the most important defense work happens before charges are ever filed.
If you learn that investigators have contacted family members, coworkers, or your internet service provider, you may be the target of a child pornography investigation.
Taking immediate action at this stage can influence whether charges are filed and how the case develops.
Michael Lowe provides representation during the pre-arrest investigation phase, protecting your rights during interviews with investigators and working to prevent charges from being filed in the first place.
Sex Offender Registration Defense
A conviction for any child pornography offense in Texas requires mandatory registration as a sex offender.
For most child pornography convictions, registration is required for life.
Your name, photograph, address, and employment information will appear on public registries.
You will face restrictions on where you can live and work.
Failure to comply with registration requirements is a separate felony offense.
Michael Lowe fights to prevent convictions that trigger registration requirements, and when convictions cannot be avoided, he works to minimize the long-term consequences of mandatory registration.
A Former Prosecutor Who Knows How the Government Builds Child Pornography Cases Against You
The government has enormous resources at its disposal when prosecuting child pornography charges.
Federal agencies like the FBI, Homeland Security Investigations, and the U.S. Postal Inspection Service coordinate with local Dallas County investigators and specialized Internet Crimes Against Children task forces.
Prosecutors assign their most experienced attorneys to these cases.
Michael Lowe spent years as a prosecutor before dedicating his career to criminal defense.
He has seen firsthand how the government builds cases, selects evidence for presentation to juries, and makes charging decisions.
For you, this means your defense will anticipate prosecution strategies rather than react to them.
His Board Certification in Criminal Law by the Texas Board of Legal Specialization since 2007 signals to prosecutors and judges that your case will be examined with the highest level of scrutiny.
Fewer than 10 percent of Texas attorneys who practice criminal law have earned this certification.
With over 150 jury trials defending clients in federal courts throughout Texas, Michael Lowe brings courtroom experience that matters when your freedom is at stake.
Get the Defense You Need Against Child Pornography Charges Today
Every day that passes without experienced legal representation is a day the government uses to build its case against you.
Evidence that could support your defense may be lost.
Opportunities to challenge the investigation may expire.
And the stress of facing these accusations alone takes a toll that affects every aspect of your life.
Michael Lowe offers a free and completely confidential consultation to discuss your child pornography case.
He will review the facts of your situation, explain the charges you face, and outline a defense strategy tailored to your specific circumstances.
Time matters in these cases.
Call (214) 526-1900 now to speak with a Board Certified criminal defense attorney who has dedicated his career to defending people facing the most serious accusations.
Your future depends on the decisions you make today.
Frequently Asked Questions About Child Pornography Charges in Dallas
What is the difference between possession and promotion of child pornography in Texas?
Possession charges apply when someone knowingly has visual material depicting a child engaged in sexual conduct. Promotion charges apply when someone distributes, sells, or shares such material with others. Texas law presumes intent to promote when someone possesses six or more identical images, which can elevate charges and penalties significantly even without evidence of actual distribution.
Can I be charged with child pornography if images were in my browser cache or temporary files?
This is one of the most contested areas in child pornography defense. Prosecutors often argue that cached images constitute possession, but federal courts have found that simply viewing an image through a web browser does not automatically establish the knowing possession required for conviction. The question of whether you deliberately saved or downloaded images versus images appearing automatically through browsing activity is critical to your defense.
What are the penalties for federal child pornography charges?
Federal penalties are severe. Receiving or distributing child pornography carries a mandatory minimum of 5 years and maximum of 20 years for a first offense. Simple possession carries up to 10 years for a first offense. If images depict children under 12, penalties increase to up to 20 years. Prior convictions related to child exploitation dramatically increase mandatory minimums and statutory maximums.
Will I have to register as a sex offender if convicted of child pornography?
Yes. Texas law requires mandatory sex offender registration for all child pornography convictions under Penal Code Section 43.26. For most child pornography offenses, registration is required for life and cannot be terminated. Registration requirements include public listing of your name, photograph, address, and other identifying information on searchable databases.
How do police investigate child pornography cases?
Investigations typically involve monitoring of peer-to-peer file sharing networks, undercover operations in chat rooms, and tracking IP addresses associated with downloading or distributing illegal material. Police obtain search warrants to seize computers and other electronic devices, then use forensic software to analyze hard drives for illegal images and evidence of file sharing activity.
What defenses are available in child pornography cases?
Defenses vary based on the facts of each case but may include challenging whether possession was knowing and intentional, suppressing evidence obtained through unconstitutional searches, questioning the accuracy of IP address identification, challenging the forensic analysis of digital evidence, and raising the affirmative defense available under federal law for defendants who possessed fewer than three images and promptly reported them to law enforcement or destroyed them.
Can child pornography charges be dismissed?
Yes. Charges can be dismissed if evidence is suppressed due to Fourth Amendment violations, if prosecutors cannot prove the jurisdictional elements required for federal charges, if the government cannot establish knowing possession, or if forensic evidence is found to be unreliable. An experienced Dallas child pornography attorney will identify every possible avenue for dismissal or reduction of charges.
Should I talk to investigators before hiring a lawyer?
No. Anything you say to investigators can and will be used against you. Many child pornography cases include incriminating statements made by defendants who believed they could explain the situation or cooperate their way out of charges. You have the constitutional right to remain silent and to have an attorney present during questioning. Exercise those rights immediately.
