What Is Digital Child Pornography?

In the digital age in which we live, the Internet has become the common vehicle through which child pornography is distributed, and viewed. Law enforcement agencies around the world as well as throughout the United States and in the state of Texas allocate significant manpower and resources to aggressively investigate and prosecute child pornography crimes. Digital child pornography is the modern means of possessing and distributing sexually explicit depictions of children, including depictions that are portrayed through drawings or computer-generated images.

It only takes one accusation of possessing child pornography to wreak havoc on your personal reputation, family relationships, and career. You may find yourself subjected to the authorities searching your house, taking possession of your computers and electronic devices, and contacting your employer. Under both Texas and federal law, you may be faced with very serious penalties that include significant jail time and fines.

If you have been charged with possessing or distributing child pornography in the state of Texas, you should immediately contact experienced Houston child pornography defense lawyer Ned Barnett. As a trial veteran, you can count on attorney Barnett to build a strong defense on your behalf in order to minimize or possibly eliminate the potential negative outcomes of the charges against you.

Call the Law Offices of Ned Barnett today at (713) 222-6767, or use our online form to request a free legal consultation.

Digital Child Pornography in Texas

The state of Texas is not lenient when it comes to how it defines and prosecutes child pornography. In brief, it is deemed a criminal act to knowingly and intentionally own, use, or distribute pictures, digital images, or video recordings of children below the age of 18 engaging in sexual conduct or actions of a sexual nature. Under Texas law, sexual conduct includes sexual contact, simulated or real sexual intercourse, any lewd display of breasts or genitals, and masturbation.

The authorities may charge you with the crime of child pornography if you knowingly and deliberately have done one or more of the following:

• Possessed child pornography on your computer, cell phone, another digital device, or your own person
• Helped create pornography that involved a child
• Promoted or advertised the sale of child photography
• Transported child pornography from one location to another
• Sold any type of child pornography to an organization or individual

Under Texas law, digital child pornography may include any visual depiction in the form of a video, picture, or any image located on a hard drive, disk or another device that can enable the material to be displayed on a monitor, computer, or television. Child pornography may also be depicted on any type of film, negative or slide.

If you are found to possess six or more images which are identical to each other featuring a child under the age of 18 engaging in sexual conduct, the law in Texas presumes that you have an intent to distribute the images.

Child Pornography Penalties in Texas

The punishment imposed by the state of Texas for the possession or distribution of child pornography varies depending on the nature of the crime.

Possession of material which is sexually explicit featuring a child less than 18 years of age can result in the following penalties:

• Third-degree felony conviction
• Two to 10 years prison term
• Maximum fine of $10,000

Intending or attempting to distribute sexually explicit material of a child below the age of 18 years may incur the following penalties:

• Second-degree felony conviction
• Two to 20-year prison term
• Maximum fine of $10,000

A second conviction of a child pornography charge in Texas is considered a second-degree felony.

Third and any following offenses relating to child pornography are considered a first-degree felony in Texas carrying the following penalties:

• Five to 99 years, or life, in prison
• Maximum fine of $10,000

If you are convicted of a pornography charge involving a minor, you may also be required to register as a sex offender for the remainder of your life.

Contact an Experienced Houston Child Pornography Defense Lawyer

With nearly three decades working in the sphere of criminal law, attorney Ned Barnett has a level of skill and experience that make him a highly sought-after defense attorney in the Houston area. He knows how to combat the prosecution’s case against you in order to achieve the best possible results in your case.

If you’re facing a child pornography charge, contact the Law Offices of Ned Barnett today at (713) 222-6767 to request a free case review so we can determine your best legal options going forward.