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Possession of Child Pornography

Plano Possession of Child Pornography Attorney

If you are being investigated or have been charged with a sexual offense, it is crucial that you retain a criminal defense attorney as soon as possible to protect your reputation, rights, and freedom throughout the legal process. Penalties for a sex crime charge usually begin even before a conviction or even arrest.

Understanding the nature of the offense you face, and the potential punishments is confusing enough. At Barbieri Law Firm, our team of experienced, tenacious attorneys specialize in helping citizens accused of committing sex crimes secure successful outcomes.

Possession of Child Pornography

Title 9 of the Texas Penal Code contains laws that pertain to child pornography, which are categorized as “Offenses Against Public Order and Decency.” Texas law makes it illegal for a person who intentionally and knowingly 1) possesses OR 2) accesses with intent to view “visual material” that the person knows visibly depicts a child younger than 18 years of age who is “engaging in sexual conduct” at the time the image was made. 

Section 42.26 (2)(b)(3) of the Texas Penal Code defines “visual material” to include the following:

       (A)  any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or

       (B)  any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

A person found guilty of possessing or accessing with intent to view child Pornography for the first time faces a Third-degree felony punishment, which carries a sentence of 2-10 years in prison and the possibility of a fine up to $10,000. If a person has a prior conviction, the punishment is enhanced to a more serious Second- or First-degree felony charge. 

What is the Difference Between Possession and Promotion of Child Pornography?

While both offenses involve visual materials depicting a child under 18 years old engaging in sexual conduct, the possession of child pornography is the less serious offense, and the type of charge depends on the quantity and nature of materials found.  In most cases, regardless of the type of charge, those convicted of a child pornography offense will be required to register as a sex offender with the state.

If a person in possession of six or more copies of child pornography, the charges will likely be filed as a more serious offense – possession with intent to promote child pornography.

In addition to charges filed at the state level, it is also possible for charges to be filed by US Attorneys acting on behalf of the federal government. Federal charges for child pornography carry severe penalties, which may include a minimum of five years in federal prison for a first offense. 

Protect Your Rights & Freedom 

Our attorneys are passionate criminal defense advocates who aggressively fight for every client. If you have been accused of a sex crime, you want to find attorneys who truly care about you and your case and can help you build a powerful defense against child pornography for achieving positive results. At Barbieri Law Firm, you can rely on a professional, compassionate team – an exclusively criminal defense team that has earned high marks in the legal community and with clients across the state.

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  • Found Not Guilty

    Potential Sentence: Up to 20 years in prison and/or fine up to $10,000

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    Potential Sentence: Up to 25 years in prison, with a $10,000 fine

  • Found Not Guilty

    Potential Sentence: Life in prison

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