How are Child Porn Sentences Determined?

Child pornography charges are severe. They carry some of the harshest penalties of all sex crimes in Texas. If you have been arrested and charged with a child porn sex crime, you are likely worried. And if you aren’t, you should be. You need to understand the factors that influence a potential punishment, and an experienced Houston defense lawyer can help.

Texas Child Pornography Laws

In Texas, there are several illegal activities involving pornographic content. But child porn laws refer to anyone under the age of eighteen. Essentially, child porn laws prohibit illicit material’s:

• Creation
• Ownership
• Use
• Promotion
• Distribution
• Sale

Child porn refers to any visual depiction of sexual activity involving minors. It is prohibited under both Texas and federal law. Some examples of child pornography crimes include:

• Willful possession
• Possession with intent to distribute
• Employing a minor
• Production and promotion

Each of these is a distinct criminal charge. And the details of your case will reveal how harsh a conviction could be.

Criminal Penalties for Child Porn Convictions in Texas

The majority of child porn crimes in Texas are felonies. There are several factors taken into account when determining a sentence for a child porn conviction. Some of these include:

• The type of child pornography crime
• Whether you caused a minor harm
• Your prior criminal record, if any
• The amount of child pornography involves
• Whether you are a part of a larger network.

First-time child pornography offenders can face third-degree felony charges. These are punishable by fines of up to $10,000. You could spend as much as ten years in prison as well.

Are you a repeat offender? Were you accused of employing a minor? You could face much more devastating penalties. You could be charged with a first-degree felony. Under the law, this means you could spend up to ninety-nine years in prison. You could also be ordered to pay steep fines and restitution to victims.

But these aren’t the only criminal penalties you could have to deal with. Some of the other legal penalties of a conviction could include:

• Loss of gun rights
• Registration as a sex offender
• Immigration or citizenship issues
• Loss of the right to vote
• Child custody or visitation issues
• Disqualified from federal student financial aid

You also have many other ways a conviction could destroy your life. These consequences could be:

• Trouble finding work
• Difficulty finding safe, affordable housing
• Damaged relationships with family and friends
• Destroyed professional reputation
• Loss of internet privileges
• Inability to be around minors
• The shame of a criminal record

Even child porn crime accusations can destroy your reputation. You’ll need to present a strong defense if you hope to clear your name or mitigate the damage.

Federal Penalties for Child Porn Convictions

There is also the chance that you could face federal child porn charges instead of state child porn charges. Several factors determine whether you will face federal or state charges, such as:

• Whether the offense occurred across state lines
• The type of child porn crime you are accused of
• How many visual depictions are being called into question
• Whether you are a part of a larger network of child predators

The sentencing for federal child porn crimes is different from state guidelines. Some of the different federal child pornography crimes you could be charged with are:

• Buying and selling of children
• Sexual exploitation of children
• Possession, distribution, or receipt of material involving the sexual exploitation of children
• The production of material involving the sexual exploitation of children

The specific details of your case are essential. They determine how severe your penalties could be. You could be facing between 15 years and life in prison if you are found guilty. That is why you must hire an aggressive legal defender to represent you in court.

Contact a Child Pornography Lawyer in Houston

Have you been arrested for a child pornography-related crime? Are you under investigation or even accused? If so, you need to take the matter seriously and protect yourself right away. The penalties of a conviction could destroy your life. Don’t let that happen.

Schedule a no-risk consultation with The Law Offices of Ned Barnett. Complete our convenient contact form below. Or call our office at (713) 222-6767 to get started on your defense. Initial consults are free and confidential.