Frisco, TX Child Pornography Attorneys

Experienced Lawyers Defending Against Child Pornography Possession or Distribution Charges in Frisco, Texas

Criminal charges related to child pornography or child sexual abuse materials (CSAM) can be incredibly serious. These charges carry severe penalties, including lengthy prison sentences and large fines. A person may be classified as a sex offender and required to register with law enforcement for the rest of their life. Accusations may also lead to damage to a person's reputation, career, and family life, even if they are never convicted. A strong defense against these charges can be crucial.

The attorneys at Barbieri Law Firm can provide discreet defense for clients who have been charged with offenses related to the possession, promotion, or production of CSAM. We understand the technical issues involved in these cases and the legal issues that may affect the specific charges and penalties. We work to protect our clients' rights from the moment an investigation begins, and we will work to resolve these cases in ways that will minimize the effects on a person's life.

What Is Considered Child Pornography Under Texas Law?

Texas Penal Code §43.26 addresses offenses related to the possession or promotion of child pornography. Under this law, child pornography may include any visual materials that depict a person under the age of 18 in a sexual manner, including sexual intercourse, nudity, sexual acts, or simulated sexual activity. Visual materials may include photographs, videos, films, or digital files stored on computers, disks, or external drives. Computer-generated images or images manipulated using artificial intelligence or other software may also be considered child pornography if they depict actual children under the age of 18.

Possession of Child Pornography

Charges of possessing child pornography may apply if a person intentionally possessed CSAM or accessed these materials with the intent to view them. If a person allegedly knew or should have known that the materials depicted a child who was under the age of 18 when an image was created, they could be charged with CSAM possession.

A first offense of child pornography possession will typically be charged as a third-degree felony. A conviction for this offense can lead to between two and 10 years in prison and a fine of as much as $10,000. A second offense or an offense involving the possession of between 10 and 49 images may result in second-degree felony charges, with a potential sentence ranging from two to 20 years. A third offense or possession of at least 50 images may lead to first-degree felony charges, which could lead to a sentence of five to 99 years.

Promotion of Child Pornography

If a person is accused of knowingly distributing, selling, or exchanging CSAM, they could face charges of child pornography promotion. These offenses may include:

• Sharing images or videos via messaging apps, social media, or email
• Uploading material to cloud storage or websites accessible by other people
• Offering to sell or trade material with others

Promoting child pornography may be charged as a second-degree felony for a first offense. A second offense or an offense involving the promotion of between 10 and 49 images may result in first-degree felony charges. An offense involving 50 or more images may lead to first-degree felony charges with a minimum sentence of 15 years.

Production of Child Pornography

Offenses related to producing CSAM are some of the most serious charges involving child pornography that a person may face. Texas Penal Code §43.25 addresses the offense of Sexual Performance by a Child, which involves the use of a child under the age of 18 in the creation or promotion of sexual material. This offense may include:

• Photographing or recording a child as they engage in a sexual act
• Directing or encouraging a child to engage in sexual conduct for the purpose of recording or photographing
• Causing, permitting, or assisting a child to participate in the creation of CSAM
• Allowing a child, as their parent or legal guardian to participate in a sexual performance

In general, this offense is a second-degree felony. Production of CSAM involving a child under the age of 14 is a first-degree felony.

Defending Against Child Pornography Charges

Child pornography cases can be complex. They often involve forensic analysis of digital devices, internet service provider records, computer metadata, and other technical details. When addressing allegations related to CSAM, the attorneys at Barbieri Law Firm will take a detail-oriented approach. Our defense strategies may include:

• Challenging the Legality of a Search or Seizure: If law enforcement violated a person's Fourth Amendment protections when seizing devices or searching data, the evidence may be suppressed.
• Lack of Knowledge or Intent: To secure a convicted for a child pornography offense, prosecutors must show that a person intentionally possessed or promoted CSAM. Our lawyers may be able to show that a person had no knowledge of these materials or did not intend to access them.
• Questioning the Age of the Participants: The prosecution must prove that the person depicted in alleged child pornography was below the age of 18. In some cases, material may involve adults who appear youthful.

Because of the high-stakes nature of CSAM charges, early involvement is critical. Our legal team will move quickly to assess the facts, work with qualified digital forensics experts when needed, and begin negotiating with prosecutors to protect our client's rights and freedom.

Positive Results in Criminal Cases

With our experience representing clients, we have helped them mitigate charges and defend against convictions. In one case, our client was charged with five counts of possession of child pornography and eight counts of possession of lewd visual material. They were facing a potential 10-year prison sentence and lifetime sex offender registration. Probation is typically not allowed in Collin County child pornography cases, making the stakes of the case even higher.

Our senior trial attorney took a proactive, strategic approach to this case. By negotiating closely with the prosecutor, she arranged an open plea on a single count, which was essentially a mini-trial before the judge. The remaining 12 counts were dismissed. This strategy required careful preparation, a strong understanding of county policies, and persuasive advocacy to achieve a fair resolution. The client received five years of deferred adjudication on one count, avoiding a jail sentence, while all other counts were dismissed.

Contact Our Frisco Child Pornography Defense Attorneys

In cases involving accusations of possessing, promoting, or producing child pornography, a person's freedom and future will be at risk. The consequences of a conviction for a CSAM offense can be devastating. The attorneys at Barbieri Law Firm can provide confidential, nonjudgmental, and aggressive representation in even the most serious criminal cases. Contact our Frisco, TX CSAM defense lawyers at 972-424-1902 to arrange a free consultation and begin building an effective defense.