What Is Pandering Obscenity Involving a Minor?Published: Dec 08, 2017 in Sex Crimes
Pandering and obscenity laws are meant to target the enablers of sex crimes. There are many type of instances that can result in someone being charged with a pandering obscenity crime, and these cases can result in large fines and long prison sentences. Sex crimes involving children are considered to be especially serious, and if you have been arrested for something that includes pandering obscenity involving a minor, you will need an experienced defense attorney.
The Law Offices of Ned Barnett has spent years defending clients against serious sex crimes, and we can help you protect your rights through every step of the legal process. Do not delay in contacting a Houston child sex abuse lawyer.
Call us at (713) 222-6767 today for a free and confidential case consultation.
Incidents Which Can Result In A Charge For Pandering Obscenity With A Minor
Pandering involves procuring or recruiting a person into prostitution or sex work, and it requires that you have the specific intent to promote or encourage that person in this illegal industry. This is similar to pimping since it considers the offender to be in the business of exploiting illegal sex workers. But unlike pimping, it can be applied in many more situations since its definition is less specific.
It can be very difficult to determine if certain material is obscene. Texas law describes obscene material as being “patently offensive,” but how does one define whether or not something fits this description? In order to not infringe on a defendant’s freedom of speech and expression, obscene material is defined on a case-by-case basis, and sexually obscene content must be found to be depictions of sex acts or lewd behavior that has no serious scientific, artistic, or literary value.
Being involved in the creation of obscene material that involves a minor can bring about charges that involve prostitution, child pornography, and human trafficking. However, many acts can be considered to be pandering obscenity involving a minor if it involves:
- Promoting or possessing material that is considered to be obscene that involves a minor
- Producing, presenting, or directing an obscene performance that involves a minor
- Participating in an obscene performance with a minor
- Encouraging or forcing a minor to be involved in an obscene performance
Punishments For Offenses Involving Pandering Obscenity Involving A Minor
Texas has numerous laws that are meant to protect children who are abused and are the victims of sexual assault or exploitation. Punishments are strict, and the charges that you may be facing for offenses that involve pandering obscenity with a child include:
- Possession of child pornography is a third-degree felony. It can result in a fine of up to $10,000, and between two and 10 years in prison. The severity of your charge can be determined in part by the quantity of obscene material in your possession.
- The intent to promote child pornography is a second-degree felony, and you can be sent to prison for up to 20 years, and be fined up to $10,000. This charge can be brought against you if you have six or more identical obscene images or depictions of a child.
- Sexual performance of a child is charged as either a first, second, or third-degree felony depending on the age of the child. These offenses are punished with anywhere between two years to life in prison, and a fine of up to $10,000.
The Law Offices Of Ned Barnett Can Help You
Texas laws against sexual exploitation of children can result in long prison sentences for convicted offenders. If you are charged with a crime that involves the pandering of obscenity involving a minor, you will need a skilled defense attorney to help protect your rights. Attorney Ned Barnett has helped many people in this difficult situation, and he know how charges that involve the sexual abuse of a child can turn your life upside down.