Avoiding Jail for Child Porn: Therapy & Treatment Options

When you’re facing charges for child pornography in Texas, there are several potential outcomes. The best-case scenario is the prosecutor drops the charges, or the judge dismisses the case. The second-best scenario is that a jury acquits you. But if a conviction is likely or possible, you have to contemplate how to mitigate the consequences.

One way to avoid jail time is to pursue therapy and other treatment options. An experienced sex crime lawyer at The Law Offices of Ned Barnett can help.

Contact us online or call (713) 222-6767 to schedule a free, confidential consultation.

Seeking Treatment for Child Porn

One of the most important factors in avoiding prison is showing the judge you’re ready to make a significant effort not to commit a subsequent sex offense. This requires being willing to go through treatment.

It’s not uncommon for defendants charged with a child pornography offense to suffer from a mental health condition or have an intellectual or developmental disability. That’s why it’s essential to be open to a psychiatric evaluation and completing the recommended course of treatment.

During your case, we might suggest therapy from a counselor experienced with these types of situations. You also need to be willing to enter into a treatment program as part of your sentence.

Conditions for your release from custody might include inpatient treatment, one-on-one therapy, group therapy sessions, and medication. Depending on whether the court grants you deferred adjudication or probation, you may need to continue treatment for years.

Available Treatment Programs in Texas

The Texas Department of Criminal Justice (TDCJ) offers several treatment programs:

• The Sex Offender Civil Commitment Treatment Program (SOTP-CC)
• The four-month Sex Offender Education Program (SOEP)
• The nine-month Sex Offender Treatment Program (SOTP-9)
• The 18-month Sex Offender Treatment Program (SOTP-18).

The programs are created for low-, moderate-, and high-risk offenders. They offer psycho-educational classes, group therapy, and individual treatment approaches. Their purpose is to address the underlying issues associated with sex offenses and prevent relapse. They also work to ensure treatment continues with community programs after you complete probation or parole.

You don’t choose which treatment program to complete. The program is based off your level of risk as determined by an independent analysis and your anticipated release date, if you’re sentenced to jail, as well.

Other Options to Avoid Incarceration

Proving Child Porn Possession Was Accidental

We might work to prove you didn’t download child pornography intentionally. You might have downloaded pornography reasonably believing it depicted adults. Or, you might have downloaded image files without realizing it.

Another issue we’ve handled is scam websites or hackers who plant illegal files on a hard drive. We’ll work with a forensic computer analyst to show your actions never demonstrated the intent to view child porn.

Establishing You’re Not a Danger to Children

There’s an assumption in the law that someone caught with child pornography is a pedophile and a danger to children. For many defendants, that’s far from the truth. To pursue a sentence without jail time, it’s important to establish you don’t pose a risk to minors.

We can submit evidence that shows this is a first-time offense, and you have no history of harming children. We might take steps to prove you never directly contacted minors with the goal of sexual activity. We may agree or ask that you undergo an independent psychiatric evaluation to enable a third-party to find you aren’t a sexual predator.

Contact a Houston Sex Crimes Lawyer Today

Defending against child pornography charges is complicated. Your lawyer will consider several factors, including the volume of child porn in your possession, how the authorities discovered the materials, whether you have a disability or suffer from a mental health condition, and more.

Attorney Ned Barnett has handled Texas sex crime cases for decades. He fights hard to win the best possible outcome for his clients, including avoiding long prison sentences through deferred adjudication and treatment.

To schedule a free, confidential consultation, call The Law Offices of Ned Barnett at (713) 222-6767 or submit your information online.