Criminal Charges for Possession Of Child Sexual Abuse Materials: What To Expect

 Posted on November 01, 2024 in Criminal Defense

In our society, one of the worst things someone can be accused of is hurting children. If a person is accused of sexually exploiting a child, like having child pornography, many people might think they are guilty even before a trial happens. If you are charged with having child sexual abuse materials (CSAM), you might feel scared, but you still have the right to a fair trial. At Barbieri Law Firm, we believe you are innocent until proven guilty.

If you are found with CSAM, commonly called child porn, you could face serious charges and may have to register as a sex offender for life. There are different levels of these charges, but all of them can greatly impact your life and ruin your dreams for the future.

In this blog, we have gathered information about charges related to CSAM possession and what you can expect if you go to court. We also talk about some possible defenses you can use in your case.

What Is CSAM?

Child sexual abuse materials (CSAM), also known as child pornography, are graphic images depicting the sexual exploitation of children.

Texas' child pornography laws penalize possession, promotion, electronic transmission, and manufacture of CSAM. Texas Penal Code Sex 43.62 holds that one is guilty of child pornography charges if they knowingly and intentionally possess or intentionally access visual material that depicts children under the age of 18 with full knowledge that the person depicted in the image is a minor.

As part of the prosecution's case against you, they will try to show that you knew and intended to have these images. It's important to know that if you have CSAM without knowing that the person in the images is a minor, you are not considered guilty of possessing child pornography under the law.

Penalties For CSAM Possession

Possession of CSAM is always charged as a felony, though the level of felony will depend on the circumstances. Crimes involving CSAM are known as a 3G defense, meaning that, if convicted, you will need to serve at least half of your sentence before you are eligible for parole. If you produce, reproduce, or transmit CSAM, you can be charged with a federal crime.

Here is a breakdown of some of the different levels of CSAM possession and the associated penalties.

• Possession of fewer than 100 images: This charge is a third degree felony unless the child depicted is under ten, in which case the charge is enhanced to a second degree felony. For this charge, perpetrators will spend 2 to 10 years in prison and be fined up to $10,000.
• Possession of between 100 and 500 images: This charge is a third degree felony unless the child depicted is under ten, in which case the charge is enhanced to a first degree felony. This charge carries penalties of 2 to 20 years in prison and fines of up to $10,000.
• Possession of over 500 images: This is a first degree felony. However if the child depicted is under ten, it is called an enhanced first degree felony. For this charge, the perpetrator will serve a minimum of a 15 year sentence in prison as well as fines.
• Possession of CSAM in a special role: There are some roles, such as if a perpetrator works in child care, that make the possession of CSAM an enhanced first degree felony. For this charge, perpetrators will serve 25 years to life in prison.

If you are found guilty of distributing or making CSAM (child sexual abuse material), you could face life in prison. These are usually federal charges, and they can seriously damage your life. There are also lesser charges, like if you ask a minor over 14 to pose nude, which can result in fines of up to $4,000.

If you're found guilty of possessing CSAM, even if you don't go to prison or finish your sentence, you will have to register as a sex offender. This registration lasts for life and is available to the public, meaning anyone-including employers and neighbors-can find out about your crime.

Potential Defenses Against CSAM Possession Charges

If you are facing CSAM possession charges, the legal representation you retain will affect how the rest of your life unfolds. Having a strong and strategic defense is critical! Depending on your situation, your defense attorney may have some options to employ potential arguments such as:

• Educational material: There are some circumstances in which images of minors might have legitimate use in settings with medical, judicial, psychiatric, or law enforcement purposes.
• Simulation: In the age of AI, there is a legal gray area concerning real images of children vs. fake images. Though laws around AI are still in their infancy, this might be a legitimate defense.
• Age: If you are only two years or fewer in age above the minor depicted in the image, you can use this fact as a defense against CSAM charges.
• Questions of child's age: If it is uncertain what age the child in the image is, you can use this uncertainty to argue in your defense.
• Lack of knowledge: Finally, the prosecution must prove that you are in possession of CSAM with full knowledge and intention that the images depict a minor. If you can prove that you did not know the age of the child, this defense can work in your favor.

The Attorneys of Barbieri Law Firm Are Experts In Defending Charges of Sex Crimes, Including Possession of CSAM.

Not all law firms can handle tough cases, especially those related to serious charges like sex crimes and possession of CSAM. Barbieri Law Firm is a criminal defense firm based in North Texas, and we have spent the last 25 years focusing on this difficult area of law. Our mission is to be fearless advocates for justice by safeguarding client reputations and saving lives.

Our attorneys don't just know the law; they know how to win in court. Our strong courtroom skills and experience as former prosecutors help us earn respect from judges and juries. We keep our number of cases small so that each client gets our full attention and dedication.

At Barbieri Law Firm, we understand that a big legal case can impact someone's life long after a court win. By combining our legal expertise with help in managing your reputation, we support our clients as they navigate the complicated process of rebuilding their lives.

Call Barbieri Law Firm at (972) 360-9801 today for a free case evaluation. We're available 24/7, because every moment matters when your freedom is on the line.