Consequences of Having Child Porn on Your Phone

If you get caught with child porn on your phone, you could be charged with possession of child pornography. If convicted of this felony offense, you could spend years in jail, pay thousands of dollars in fines, and have your personal and professional lives ruined by the collateral consequences of a sex crimes conviction. For this reason, you should contact an experienced Houston child pornography lawyer if you are being investigated for this criminal offense.

To schedule a free and confidential consultation of your case, contact The Law Offices of Ned Barnett today at (713) 222-6767.

Having Child Porn on Your Phone is a Violation of Texas Law

Texas Penal Code Section 43.26 offers a broad definition of the possession of child porn, which could apply to any situation in which you intentionally store sexually explicit images or video of children on your phone. To convict you of this offense, a prosecutor must prove all of the following elements beyond a reasonable doubt:

• You knowingly or intentionally possessed visual material, or willfully accessed it with the intent to view
• The visual material you possessed or accessed depicted a child younger than 18 engaging in sexual conduct
• You knew that the material you possessed or accessed contained child pornography

The law’s definition of visual material is broad, and includes “any film, photograph, videotape, negative, or slide or any photographic reproduction,” along with “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.” Basically, any and all visual content falls within this definition, including the photo or video stored or accessed on your phone.

As for sexual conduct, Texas Penal Code Section 43.25(2) defines it to mean any “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.” Under this definition, the minor does not necessarily have to be engaged in sexual activity in the visual material, it is enough for them to be lewdly exposed.

Legal Exceptions Allow You to Possess Child Porn in Certain Circumstances

Fortunately, Texas law recognizes that the broad definition of child pornography could result in some unjust prosecutions. For this reason, there are some exceptions under which you may legally possess visual material depicting a minor engaged in sexual conduct. The exceptions could apply when:

• You are legally married to the minor depicted in the visual material, or
• You are no more than two years older than the minor, or
• The conduct or images serve a genuine purpose – be it for education; medical or psychological needs; or judicial, law enforcement, or legislative reasons

In addition to these affirmative defenses, your Houston sex crimes lawyer may be able to show that you did not intentionally possess the images. For example, the images could have been stored on an old storage card you purchased to use in your phone.

Possession of Child Pornography is a Felony Offense

The penalties for the possession of child pornography are as follows:

• First conviction – This offense is a felony of the third-degree, which is punishable by two to ten years in prison and a $10,000 fine.
• Second conviction – This is a second-degree felony that can be punished by two to 20 years in prison, and fines reaching $10,000.
• Third conviction – Third and subsequent offenses are considered first-degree felonies, which carry a five to 99-year (or life) prison sentence along with $10,000 in fines.

Each image or video you possess could form the basis of a separate child porn charge, meaning these penalties can multiply fast. In January of this year, for example, a Nassau Bay resident was charged with ten counts of child pornography for each illegal file the police found on his phone. If convicted, he will likely spend the rest of his life in prison. Should he ever be released, he will need to register as a sex offender for life.

Have You Been Caught with Child Porn on Your Phone? Contact a Houston Sex Crimes Lawyer for Help

The consequences of a child porn conviction can turn your life upside down. Ruined finances, lost freedom, and a permanently damaged reputation are just the beginning. Do not plead guilty to child pornography charges before speaking with an experienced lawyer. At The Law Offices of Ned Barnett, we are able to succeed in these high stakes cases by deploying our advocacy skills, knowledge, and dedication to results at the earliest stages of the criminal process. Call us today at (713) 222-6767, or reach out via the online form to schedule a free case evaluation.