In the state of Texas, law enforcement officials are cracking down on those believed to possess or promote sexually explicit material involving children. Earlier this year, a 90-day operation intending to arrest owners and promoters of child pornography resulted in 152 child pornography charges statewide, including multiple arrests in Harris County.
Charges related to child pornography are likely to be prosecuted zealously, and a conviction will have drastic effects that will impact a person for the rest of their life. If you have been accused of possessing child pornography or other sex crimes, it is important to understand the nature of the charges, the potential consequences, and your best options for defense.
Texas Child Pornography Laws
According to the Texas Penal Code, a person can be convicted of a child pornography charge if they intentionally or knowingly possess, or access with intent to view, sexually explicit material of a child. The state law defines this visual material as a photograph, film, disk, videotape, or form of online media depicting a minor under the age of 18 who is engaging in sexual acts.
Criminal charges in the state of Texas vary depending on the intent of the person in possession of the sexually explicit material. Possession of pornographic material with the sole intent to view is a third degree felony, and it can be punished by fines of up to $10,000 and potential jail-time of up to 10 years. Attempting to promote or distribute pornographic material of a child is a second degree felony that is punishable by fines of up to $10,000 and between two and 20 years in prison.
Defenses Against Child Porn Charges
While sex crimes, such as possession or distribution of child pornography, can be challenging to defend in a courtroom, there are a number of common defenses that an educated criminal defense attorney may utilize in these cases. Defenses include whether a person intentionally or knowingly possessed the material and whether their Fourth Amendment rights against unreasonable searches and seizures were violated when a warrant was executed. For additional information on potential defense strategies, it is important to contact a criminal defense lawyer as soon as possible.
Contact a Houston Child Pornography Defense Attorney
If you have been accused of any crimes related to child pornography, you could be facing extensive fines, substantial jail-time, life-long registry as a sex offender, and damage to your career, reputation, and personal relationships. Attorney Nathaniel Pitoniak has years of experience working to defend those accused of sex crimes, and he can help you understand your best options for achieving a positive resolution to your case. If you have been accused of a sex crime in the state of Texas, it is time to contact a distinguished Harris County criminal defense lawyer. To set up a free consultation, call us today at 832-315-6283.