At Barbieri Law Firm, P.C., our trial team defends people across Texas facing child pornography (CSAM) investigations and charges, often before anything is filed. We have handled criminal cases since 2000, led by Heather Barbieri, Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2005.
A CSAM case is an accusation of possessing, sharing or producing sexual images of a minor. In Texas, possession falls under Penal Code section 43.26 and starts as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Federal cases use 18 U.S.C. sections 2252 and 2252A, and receipt or distribution carries a five-year mandatory minimum.
The first sign is usually a search warrant, seized phones and laptops, or a call from a detective, HSI agent or ICAC investigator. If nothing has been filed, a defense team has the most options at this stage. Every conversation with us is private, and Kim Voigt-Eanes, Head of Investigations, works with the lawyers from day one.
Why Clients Come To Barbieri Law Firm, P.C. In Texas
Board Certified in Criminal Law Since 2005
Heather Barbieri is Board Certified in Criminal Law by the Texas Board of Legal Specialization.. She is also a past president of the Texas Criminal Defense Lawyers Association.
An Investigator On Your Case From Day One
Kim Voigt-Eanes, Head of Investigations, works inside the firm alongside the lawyers. Her team rebuilds timelines and tests the forensic evidence, including how files were found and who they are tied to.
Engagement Before Charges Are Filed
We step in while the case is still an investigation, before you answer questions from a detective or federal agent.
Reputation Support Built Into The Defense
Our in-house reputation team plans for employer, licensing board and media fallout while the legal team works the case.
Limited Caseloads And Private Access
Caseloads stay limited, so you reach your attorneys directly. Every conversation is private.
What Our Clients Say About Us
“They built a solid defense for me proving to the police my innocence early on.” Trey D.
“She did not treat me like just another case. She treated me like a person going through something incredibly difficult.” Genel W.
“From the top down everyone here is professional and 100% engaged in assisting you and fighting for you until the end.” Josh H.
“My case was closed without any repercussions, and we are now in the process of pursuing a full expunction.” Benjamin B.
“The entire team helped to keep our minds at ease throughout the whole process.” Sharon A.
What Should I Do If Police Seize My Devices In A Texas Child Pornography Investigation?
Stay calm, touch nothing, and answer no questions about the case. Seized devices mean the investigation is still open, and a defense team has the most options now.
- Do not delete files, wipe accounts or ask anyone to “clean up,” because forensic examiners often recover deleted data.
- Hiding or destroying evidence is a separate third-degree felony under Texas Penal Code Section 37.09.
- Politely decline questions from any detective, ICAC (Internet Crimes Against Children task force) investigator or HSI agent, and say you are invoking your right to remain silent.
- Write down who came, what was taken and what was said, and keep that note private.
Under Texas Penal Code Section 43.26 and Section 12.34, possession of child pornography is a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000. The agency, the evidence and the facts decide whether Collin County or a federal court in the Eastern or Northern District takes the case.
Our Child Pornography (CSAM) Defense Services In Texas
We defend every stage of child pornography (CSAM) cases in Texas, starting with the first contact from investigators.
- Possession charge defense
- Promotion and distribution charges
- Federal CSAM charges
- Sexual performance by a child
- Digital forensic evidence review
- Search warrant suppression
- NCMEC CyberTip investigations
- Pre-charge investigation response
- Sex offender registration defense
- Reputation management support
Facing charges? Talk to a Frisco defense attorney today.
What Is The Difference Between Possession And Promotion Of Child Pornography Under Texas Law?
Possession means knowingly having the material. Promotion means sharing, sending or offering it to someone else. Under Texas Penal Code §43.26, possession is a third-degree felony (2 to 10 years and up to a $10,000 fine). Promotion, or possession with intent to promote, is a second-degree felony (2 to 20 years and up to a $10,000 fine), and prior convictions can raise either grade.
The State must prove you knew the material was there, knew what it showed, and that the person shown was under 18 when it was made. File-sharing software often shifts the charge, because prosecutors may treat a shared folder as distribution even when no one meant to share.
Internet distribution can also lead to federal prosecution, where 18 U.S.C. 2252 and 2252A carry a five-year minimum for distribution.
Outcomes often turn on file location, metadata and who else used the device. Kim Voigt-Eanes, our Head of Investigations, tests that evidence with independent forensic review. A judge rules on suppression under Texas Code of Criminal Procedure article 38.23 before a jury weighs guilt.
Is Probation Possible In A Texas Child Pornography Case, Or Is Prison Mandatory?
Probation is possible in some Texas child pornography cases, but not all, and certain federal charges carry mandatory prison time.
In state court, possession under Texas Penal Code section 43.26 is a third-degree felony, with 2 to 10 years and a fine of up to $10,000. Promotion is a second-degree felony, with 2 to 20 years. Community supervision may be available, though prior convictions raise the grade and narrow those options. Conditions usually include sex offender registration and internet monitoring.
Federal court is stricter. Receipt or distribution under 18 U.S.C. 2252 or 2252A carries a five-year mandatory minimum. Possession has no minimum but can bring up to 10 years, or 20 if the material involves a child under 12.
Before an indictment, the charge and the court are often still undecided, and early defense work has the most room to shape both.
Get To Know Barbieri Law Firm, P.C.
Barbieri Law Firm, P.C. is a Frisco criminal defense firm established in 2000. We handle high-visibility felony and federal cases, including sex crimes, across North Texas and the DFW Metroplex.
Heather Barbieri is Board Certified in Criminal Law by the Texas Board of Legal Specialization, first certified in 2005 and recertified in 2010, 2015 and 2020. Our trial team brings more than 55 years of combined experience, and in-house investigators work alongside the lawyers on every case.
What To Expect When Working With Us In Texas
1. Private First Contact
You reach us by phone, web form or referral and complete a short intake. We gather the key facts and how urgent the situation is.
2. Review and Scheduling
Our intake team reviews your inquiry and schedules a consultation with the right attorney. Urgent matters, such as a recent device seizure or a call from an agent, are escalated immediately.
3. Confidential Consultation
You meet privately with an attorney to review the facts, assess your risk and outline a defense strategy.
4. Case Opening
Once you sign an agreement, your case is formally opened and you get plain guidance on what happens next.
5. Defense Building
Our trial team starts right away on investigation, evidence review and strategy, and adjusts as the case develops.
6. Resolution And Beyond
We keep you updated through dismissal, a negotiated outcome or trial. Afterward, we help address reputation concerns and the impact on your career and family.
Frequently Asked Questions About CSAM In Texas
Is It A Crime In Texas To View Images Online Without Downloading Or Saving Them?
It can be. Texas Penal Code section 43.26 and federal law (18 U.S.C. 2252A) both cover knowingly accessing material with intent to view it, even without saving it.
What If The Images Were Unsolicited, Sent In A Group Chat, Or Buried In A Downloaded Folder I Never Opened?
Possession requires that you knew the files were there. A forensic examination, meaning a lab copy of your device analyzed for dates and activity, can show whether a file was ever opened, moved or viewed.
How Do I Know Whether My Case Will Be Handled By The State In Collin County Or By Federal Prosecutors?
The investigating agency, the evidence and how the files moved decide the forum. Local police or ICAC task forces usually send cases to a county DA, such as Collin County in McKinney, while HSI or FBI cases often go to the Eastern District (Sherman/Plano) or Northern District (Dallas).
Will I Have To Register As A Sex Offender Even If I Get Deferred Adjudication Instead Of A Conviction?
Usually yes.
Police Took My Phone And Laptop Weeks Ago But Nobody Has Charged Me. What Should I Do Now?
Do not answer questions or delete accounts before speaking with counsel.
Can Prosecutors File Charges Or Get An Indictment Before I Am Ever Arrested?
Yes. A grand jury can return an indictment, a formal charge, without your knowledge, and federal indictments are sometimes sealed until an arrest.
If I Am Charged, Will The Judge Restrict My Internet Use Or Contact With My Own Kids While On Bond?
Often, yes. Bond conditions in these cases commonly include internet limits, monitoring software and no unsupervised contact with minors.
Can A Child Pornography Investigation Or Charge In North Texas Actually Be Dropped?
Yes. Cases can end with a grand jury declining to indict or evidence being suppressed after a flawed search warrant.
Texas Resources For CSAM Cases
- FBI Dallas Field Office
Federal bureau field division that investigates federal crimes, including those involving electronic communications and internet activity.
- Texas Department of Public Safety
State agency overseeing law enforcement, driver licensing, and criminal records across Texas.
- Texas Sex Offender Registry
A statewide public database administered by DPS listing individuals required to register under state law.
- Texas Board of Pardons and Paroles
State board that reviews applications for parole, pardons, and clemency for convicted individuals.
- United States District Court, Northern District of Texas
Federal trial court with jurisdiction over federal criminal cases arising in the Dallas region.
- Texas Department of Criminal Justice
State agency managing adult corrections, probation oversight, and rehabilitation programs statewide.
Request A Confidential Case Review For A Texas Child Pornography Investigation
If police have seized your devices, a detective has called, or you believe you are under investigation for child pornography (CSAM) in Texas, the steps you take now can shape what happens next. Speaking with a defense team before you answer any questions gives you the most options, and in some cases a chance to resolve the matter before charges are filed.
Barbieri Law Firm, P.C. has defended people across North Texas and the DFW Metroplex since 2000. Every conversation is private, and you speak directly with an attorney who will review the facts, explain where your case stands and map out next steps. Call our office or complete our secure online form to request a confidential case review.
