Child Pornography Attorney in Plano

What Is Classified as Child Pornography in the State of Texas? 

Texas law makes it illegal to possess or view material that depicts any person under the age of 18 engaging in sexual conduct. The law defines “sexual conduct” to include any actual or simulated sexual activity, masturbation, bestiality, sadomasochism, or indecent exposure of private body parts. 

Possession of child pornography requires intentional access of the material with an intent to view it. The person must know that the material depicts a child engaging in sexual conduct when they initially view it. The accused can be prosecuted under the federal statutes, Texas statutes, or both.  

Investigating Child Pornography: Understanding How Charges Arise 

Easy access to computer technology and social media have led to a rise in arrests on charges of child pornography. Most images of alleged child pornography that law enforcement seize are in digital or electronic format and relatively easy to investigate. 

Investigators can track suspicious online activity and determine the exact location of the computer or device being used. Typically, law enforcement becomes aware of someone who might be accessing child pornography through tips from internet providers, cooperating witnesses, or by posing online as someone interested in trading, buying, or selling images. Executing a search warrant to look for evidence of these charges, officers can confiscate the computer, cellphone, hard drives, external storage devices, or any electronic equipment that can download, store, send, or display images. 

Evidence in child pornography cases is often quite technical and may rest less on the content of the images and more on tracing the path of the images to the device. With the help of computer forensic experts, understanding how law enforcement investigates and prosecutes these cases, and knowledge of evolving case law, a child pornography attorney can identify potential weaknesses in the prosecution's case. Child pornography cases are complex and sensitive, requiring an attorney with the right expertise.  

Barbieri Law Firm has the unique knowledge and experience to provide an intelligent and effective defense strategy for you. Call (972) 750-4845 or contact the firm’s Plano child pornography defense lawyer online to get started today.

Penalties for a Child Pornography Conviction in Texas

What Happens Next? 

An accusation, investigation, or criminal charge of child pornography is overwhelming with emotional stress and fear. Even the suggestion that a person was in possession of sexually explicit material involving a minor can destroy a career, a family, and an entire life. 

Because of the media attention and public outrage in these cases, the Texas justice system harshly prosecutes these charges and will refuse to dismiss or reduce a case unless the defense attorney gives them no other choice. Child pornography is a serious felony in the state of Texas and will be prosecuted to the fullest extent of the law.  

If convicted, harsh penalties are in place, including:

• Mandatory prison sentence, perhaps decades 
• Significant financial fines  
• Registration as a sex offender 
• Restricted from use of social media 
• Restricted from living or working in certain places near children, such as schools 
• Immigration penalties; loss of visa or green card, or deportation 
• Requirement to notify local law enforcement of current address 
• Revoked professional license, such as a teacher, nurse, doctor, pharmacist, lawyer, or childcare provider 

Even if not convicted or completely exonerated, there may still be lifelong consequences such as: 

• Stigma of child pornography accusation or investigation 
• Loss of your career or livelihood 
• Loss of custody of your children 
• Divorce 
• Loss of family relationships 
• Loss of friendships 
• Loss of community relationships 

Public opinion matters and can impact your life as much as the courtroom. Being represented by a proven Plano child pornography attorney is an important part of protecting yourself. Aside from defending against prosecution in the courts, they can defend your character and provide public relations and social media assistance.