Possession or Promotion of Lewd Visual Material Depicting a Child Lawyer
Possession or promotion of lewd visual material depicting a child is a serious offense in Texas, with strict laws aimed at protecting minors from exploitation.
If you or someone you know faces charges for this offense, call The Law Offices of Ned Barnett today at (713) 222-6767.
What is Possession or Promotion of Lewd Visual Material Depicting a Child?
Under Texas Penal Code Section 43.262, possession or promotion of lewd visual material depicting a child involves holding or distributing visual content that depicts a minor in a way that could be interpreted as sexually explicit or suggestive.
Texas law broadly defines this offense to include any material that portrays a child under the age of 18 engaging in, or appearing to engage in, conduct deemed lewd or inappropriate. “Possession” refers to having control over such material, whether it’s digital or physical, while “promotion” involves the intentional distribution or sharing of such content.
Key Components of the Charge
Under Section 43.262, Texas law defines several key components to this offense:
- Definition of a “Child”: In this context, any individual under the age of 18 is considered a child, regardless of their appearance or maturity.
- Types of Prohibited Material: This statute applies to visual content in various formats, including digital files, printed photographs, drawings, or other forms of media.
- Possession and Promotion: A person can be charged if they knowingly possess or promote material deemed lewd. This includes downloading, storing, creating, or sharing the content, even if it was distributed unintentionally.
The law places particular emphasis on intent, meaning the prosecution must generally show that the accused knowingly possessed or intended to promote the material. However, even incidental possession may still lead to charges, especially if the material is not immediately reported or deleted.
What Counts as “Lewd Visual Material”?
Examples of material that may be considered lewd include photographs, videos, or illustrations showing minors in suggestive or inappropriate poses. Even if there is no nudity, any visual content involving minors that could be deemed suggestive or aimed at appealing to a prurient interest could fall under this statute.
Penalties for Possession or Promotion of Lewd Visual Material Depicting a Child
Possession or promotion of lewd visual material depicting a child is typically classified as a state jail felony, but it can escalate to a third-degree felony depending on factors like intent to distribute or previous criminal history.
For a state jail felony, individuals could face 180 days to 2 years in state jail and fines up to $10,000. If charged as a third-degree felony, penalties can increase to 2 to 10 years in prison and additional fines.
Additional Consequences of a Conviction for Possession or Promotion of Lewd Visual Material
Beyond legal penalties, a conviction for possession or promotion of lewd visual material depicting a child can carry lasting consequences. These include employment limitations since many jobs require background checks, and a criminal record, especially involving a charge related to minors, can limit job opportunities.
In addition, a conviction of this nature may lead to severe social and personal repercussions, including damaged relationships and community stigma.
Defenses Against Possession or Promotion of Lewd Visual Material Charges
Defending against charges of possessing or promoting lewd visual material depicting a child requires a strategic approach. Common defenses include:
- Lack of Intent: If the accused did not knowingly possess or promote the material, this lack of intent may be a valid defense. This could occur if, for example, the material was downloaded unintentionally or unknowingly stored in an accessible location.
- Insufficient Evidence: The prosecution must prove that the material is indeed “lewd” under the legal definition and that it depicts a minor. An experienced attorney can challenge the evidence, questioning the prosecution’s interpretation of the material and whether it meets the statutory requirements.
Each case is unique, and your attorney can help assess the viability these defenses based on the specific details of the situation.
How an Attorney Can Help with Possession or Promotion of Lewd Visual Material Charges
A criminal defense attorney in Houston can play a crucial role in navigating charges of possessing or promoting lewd visual material depicting a child. From gathering evidence and investigating the details of the case to challenging the prosecution’s claims, your attorney can work to protect the accused’s rights and seek a favorable outcome.
They can also negotiate with prosecutors, potentially reducing charges or seeking alternatives like probation. With serious penalties on the line, a skilled attorney’s representation can make a significant difference in the defense strategy and overall outcome of your case.
FAQs about Possession or Promotion of Lewd Visual Material Depicting a Child Charges
Can I be convicted if the material doesn’t depict actual nudity?
Yes, actual nudity is not required for visual material to be considered lewd. If the depiction suggests sexual arousal or inappropriateness and involves a minor, it may still be grounds for charges.
What is considered “promotion” of lewd visual material?
Promotion includes sharing, selling, distributing, or transmitting lewd visual material involving a minor. This can include sending it electronically, posting it online, or showing it to others.
How do law enforcement investigate these types of cases?
Police investigators often utilize IP address tracking, digital forensic analysis, undercover online operations, and sophisticated technological tools to gather evidence. These efforts often involve collaboration between local, state, and federal agencies, including subpoenas for digital records and monitoring of online platforms and file-sharing networks.
Facing Sex Crime Charges in Texas? Call the Law Offices of Ned Barnett
If you or a loved one is facing charges for possession or promotion of lewd visual material depicting a child, reach out to the Law Offices of Ned Barnett today to discuss your options.
We provide dedicated, compassionate representation to defend your rights and work toward the best possible outcome.
Call (713) 222-6767 today or contact us to schedule a confidential consultation and take the first step in protecting your future.