5 Common Questions About Child Porn

Child pornography is illegal under Texas and federal law. However, knowing that it is illegal does not automatically explain when you could face charges or not. Considering how intimidating such an accusation of a child pornography offense would be, it is best to know when and how these charges arise. There are many circumstances under which you could wrongly face child pornography charges. Attorney Ned Barnett will carefully review your situation and explain the possibilities of having the charges dismissed, or he will build a strong defense for trial.

If you are charged with a child pornography offense, call a Houston child pornography attorney from The Law Offices of Ned Barnett at (713) 222-6767 immediately.

5 Common Questions About Child Porn

If you or a loved one have been accused of creating, possessing, or transmitting child porn, contact a Houston child sex crimes lawyer right away. Attorney Ned Barnett can more fully answer all of your questions and address your concerns, including:

• What if I accidently click a link? Law enforcement agencies are not looking to prosecute individuals who accidentally end up on the wrong site. You should not be too worried about mistakenly going to an illegal site because you did not have intent to commit a crime. Under Texas law, you must knowingly or intentionally possess, or knowingly or intentionally access with the intent to view, child pornography to be found guilty. However, you need to be careful. Adult pornography is typically legal, yet various websites may have illegal material on them. If you accidentally clicked on a child pornography website or you discover a site has content that includes child porn, leave the site immediately and check your computer for any unintentionally downloaded materials.
• What if I thought they were adults? Under Texas’ child pornography law, you must know that the material depicts a child or adolescent younger than 18 years of age. If you thought the participants in the pornographic material were adults, then you need to tell this to your defense attorney. If you were unaware of the individuals’ age and believed them to be adults, then this is an affirmative defense to child pornography charges. However, the strength of the defense depends on the circumstances, as you cannot argue being unaware of a participant’s age if they are clearly a child.
• What if the material belonged to someone else? If you are charged with a child pornography crime in Texas and the materials belonged to another person, speak with your attorney about how this misunderstanding arose. This is a potential defense, yet it may be difficult to establish. You may have to prove the other individual had access to your home, vehicle, office, or computer. If you can establish this, then you can prove you did not intentionally or knowingly possess or access child pornography. Keep in mind that this defense may not work if you wish to claim it was someone else’s property, yet you do not pinpoint a specific person.
• Can sexting be child porn? Yes, sexting can lead to child pornography charges if it depicts a minor engaged in sexual conduct. If minors take photos or videos of themselves in the nude or participating sexual activity and send them to anyone else, they could be charged with a crime. If the recipient intentionally keeps the video or photo, they could also be charged with a crime.
• How did police get a warrant for my computer? To obtain a valid search warrant for your computer or other electronics, the police must go before a judge and provide probable cause that you have been involved with a crime. Probable cause is made up of facts that support the likelihood that you were involved in a crime in some way. Therefore, there must be facts supporting that you are intentionally or knowingly involved with child pornography.

Call a Lawyer if You Are Suspected of a Child Sex Crime

If you have been accused of any type of child pornography offense under Texas or federal law, do not wait to call a lawyer. You will need Houston child sex crimes attorney Ned Barnett by your side as soon as possible to aggressively defend your rights and freedom.

Contact The Law Offices of Ned Barnett at (713) 222-6767 to schedule a free consultation.