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Houston Child Pornography Lawyer

Child pornography allegations could cost you your reputation, career, family, or freedom. Even a false accusation of possessing child pornography could result in a criminal conviction with lengthy incarceration and life-long consequences.

A Houston child pornography lawyer can defend you against Texas and federal sex crime charges. Houston attorney Ned Barnett will face charges and claims head-on with a strong defense. Call (713) 222-6767 today for a free and confidential consultation.

What is Texas Child Pornography Law?

Texas prohibits a wide range of activities involving pornography of anyone under the age of 18, according to Texas Penal Code Section 43.26. It is illegal to create, use, own, promote, distribute, or sell any visual depiction of children involved in sex or acts of a sexual nature.

You can be charged if the police find you knowingly and intentionally:

  • Participated in the creation of pornography involving a child
  • Had child pornography on your person, cell phone, computer, or other devices
  • Transported child pornography from one place to another
  • Promoted the sale of child pornography
  • Sold child pornography to another individual or organization

The term “visual depiction” includes a photograph, video, film, negative, or slide. It can also be a flash drive, hard drive, disk, CD, or anything that displays pornographic images.

Can Child Pornography Be a Federal Crime?

Child pornography charges are treated harshly in either state or federal court. A conviction under federal child pornography law has significantly greater costs and penalties.

You could face federal child pornography charges if your case involves interstate or foreign commerce.

For example:

  • Sending lewd images of minors via postal mail, email, or file sharing
  • Sharing obscene images through the internet, social media, and other digital communication

It is possible to face both state and federal child pornography charges.

How Federal Law Defines Child Porn

According to the United States Code Title 18, Section 2256, child pornography is any visual depiction of sexually explicit conduct involving someone younger than 18.

The image does not even need to be viewable — even undeveloped film or electronically stored data that can be converted into images may be considered child pornography under federal law.

The image need not portray actual sexual conduct — the threshold issue is whether the photo or video is “sexually suggestive.” For example, photographs of naked indigenous children from an anthropology textbook would probably not be considered child pornography by the federal authorities.

Child Pornography: Possible Defenses

It is daunting to face state or federal child pornography charges. You might feel as though your personal and professional life is damaged beyond repair. A Houston child pornography lawyer can look for weaknesses in the prosecution’s case and other defensive strategies to help you clear your name.

Criminal defense attorney Ned Barnett can utilize several strategies, including a defense under Texas Penal Code Section 43.25.

This defense applies if:

  • You were the spouse of the minor at the time of the offense
  • You were not more than two years older than the minor
  • The conduct was for a legitimate educational, psychological, psychiatric, medical, legislative, judicial, or law enforcement purpose

Additionally, a skilled criminal defense attorney may craft a compelling case through one or more of the following defenses.

Challenging the Search

Law enforcement must obey your Fourth Amendment rights when searching your premises and seizing your property. If they violated these rights, the fruits of their search might be inadmissible at your trial.

Claiming Entrapment

Many investigators attempt to capture child pornography suspects by using false identities and convicting people online to distribute illegal images of children. Entrapment is an effective defense when a lawyer shows that you would not have committed the crime if the investigators hadn’t contacted you.

Showing You Did Not Have Possession

Evidence that you have viewed illegal images is not sufficient to sustain a conviction for child pornography. The prosecutor must show that you took affirmative action to save the pictures on your computer. Learn more: How Prosecutors Gather Child Porn Evidence

Arguing The Possession Was Accidental

Sometimes, viruses or hackers download illegal images to your computer without your knowledge or consent. In Texas, you must “knowingly or intentionally” download unlawful material to be convicted of the crime. It is common for people to have hundreds if not thousands of files on their computers that they did not know they had.

Child Porn Convictions: Penalties & Consequences

Texas is serious about child pornography crimes. Charges under Texas Penal Code Section 43.26 are typically felonies with thousands of dollars in fines and significant prison sentences.

  • First Offense – A first-time child pornography conviction is a third-degree felony punishable by two to ten years in prison and a maximum fine of $10,000.
  • Second Offense – Secondary child pornography convictions are second-degree felonies and result in two to 20 years in prison and a fine of up to $10,000.
  • Subsequent Offenses – Third and subsequent offenses related to child pornography may be considered first-degree felonies with a prison sentence from five to 99 years (life) and a maximum fine of $10,000.

Other consequences of a child pornography conviction include:

  • A permanent criminal record
  • Requirement to register as a sex offender
  • Loss of the right to own a firearm
  • Losing the right to vote
  • Loss of child custody or visitation
  • Difficulty finding employment
  • Obstacles in applying for college
  • Denial of a visa, permanent residency, citizenship, or deportation

Federal Child Porn Penalties

The following sections of federal law describe various offenses involving material that meets the definition of child pornography.

Sexual Exploitation of Children (18 U.S.C. § 2251)

It’s illegal to actually or attempt to persuade, induce, entice, or coerce a minor into engaging in sexually explicit conduct to produce images or video of that conduct. An individual convicted of this crime faces 15 to 30 years in prison for a first offense. Prison sentences increase to 25 to 50 years for second or more violations.

Selling and Buying of Children (18 U.S.C. § 2251A)

It is a federal crime to transfer a child’s custody with the intent or knowledge of child pornography. Child sex trafficking has a prison sentence from 30 years to life.

Activities & materials involving the sexual exploitation of minors (18 U.S.C. § 2252)

It’s against federal law to possess, distribute, or receive child pornography. The prison time may be between five and 20 years for a first violation, but it could reach 15 to 40 years for second offenders.

Activities relating to material containing child pornography (18 U.S.C. § 2252A)

This section punishes people who knowingly or intentionally ship, distribute, or reproduce child pornography through any medium. First offenders may be sentenced to 15 to 25 years in prison, while second offenders may face penalties of 15 to 40 years in prison.

A Houston Child Pornography Lawyer Can Help

With close to 30 years working in criminal law, few child sex abuse attorneys can claim Ned Barnett’s level of experience and skill. A former federal and state prosecutor, attorney Barnett is intimately familiar with the criminal justice system and the best defense strategies at both the federal and state levels.

If you’re facing Texas child pornography charges, call attorney Ned Barnett at (713) 222-6767 for a free, confidential consultation today.