Any crime involving children carries heavy penalties, but even an accusation of child pornography can significantly alter your life. Many people who were regarded as stand-up members of the community have faced intense social stigma because of child pornography charges.
Child pornography can also result in serious legal penalties. Possessing transmitting or creating child pornography is illegal under Texas law. If you’re convicted, you’ll likely be facing felony charges which include a lengthy prison term. In addition, you’ll have to deal with the label of “felon” upon release. This can result in issues gaining loans from the government or obtaining housing.
If you or someone you know has been charged with possessing child pornography, it’s imperative you gain skilled legal representation.
Attorney for Child Pornography in Houston, Texas
Even child pornography allegations can disrupt your daily life. The shame associated with the charge could bleed into your professional and personal relationships. It’s important you have strong, reputable legal counsel to guide you.
Contact Tyler Flood & Associates, Inc. to speak to an experienced sex crimes attorney. Our team has defended many people accused of crimes involving children such as child pornography. Schedule an appointment by calling (713) 224-5529 today. We accept clients throughout the Harris County area including Tomball, Pasadena, West University Place and Bellaire.
Overview of Child Pornography in Texas
- Child Pornography Defined in Texas
- Texas Penalties for Possessing Child Pornography
- Electronic Transmission of Child Pornography in Texas
- Possessing or Promoting Lewd Material of a Child
- Additional Resources
Child Pornography Defined in Texas
It’s unlawful in Texas to possess or promote child pornography in any medium. Texas Penal Code § 43.26 defines child pornography as any visual material depicting a child engaged in sexual conduct. The law defines “sexual conduct” as any simulated or actual sexual action.
Listed below are the elements the prosecution must prove beyond a reasonable doubt to convict you of possessing child pornography.
- You intentionally or knowingly possessed or had access to the visual material;
- The material presented a child under the age of 18 engaged in sexual conduct; and
- You were aware of what the visual material was depicting
You may be charged with possession with intent to promote if you possess six identical visual depictions of child pornography. A possession with intent to promote child pornography conviction carries heavier penalties than standard possession.
Penalties for Possessing Child Pornography in Texas
The penalties for possessing child pornography depend on your criminal history. A first-time possession offense will result in a third-degree felony, which is punishable by:
- Up to 10 years in prison; and
- A possible fine of up to $10,000
If you have a previous child pornography conviction, the court will enhance the charge to a second-degree penalty, which could entail the following:
- Up to 20 years in prison; and
- A possible fine of up to $10,000
Two or more previous convictions may result in a first-degree felony, which is the second-highest offense under Texas law. A first-degree felony has a minimum of a 5-year prison sentence and a maximum of 99 years or life in prison. Additionally, you’ll be required to pay a fine of up to $10,000.
Possession with intent to promote child pornography is a second-degree felony. If you’ve been previously convicted of child pornography, your charges will be enhanced to a first-degree felony.
Electronic Transmission of Child Pornography in Texas
Child pornography crimes extend past just possession. It’s also illegal to transmit child pornography to another person. This charge especially applies to the act of “sexting.” Minors and young adults who engage in sexting could face criminal penalties for the act.
Electronic transmission of child pornography is a class C misdemeanor, which is punishable by a fine of up to $500. Doing any of the following will enhance your class A misdemeanor to a class B misdemeanor.
- Promoting the material solely to annoy, torment, embarrass, harass or offend another person; or
- If you have a previous conviction of electronic transmission of child pornography
A class B misdemeanor can result in:
- Up to 180 days in county jail; and
- A fine of up to $2,000
If you have been previously convicted of the following, then you’ll face a class A misdemeanor.
- One or more prior convictions of electronic transmission of child pornography; or
- One or more prior convictions for a public indecency crime
A class B misdemeanor is punishable by:
- Up to 12 months in jail; and
- A fine of up to $4,000
Possessing or Promoting Lewd Material of a Child in Texas
It’s illegal in Texas to possess or promote lewd material of a minor. Lewd material differs from child pornography because there are no sexual acts. Instead the media depicts the genitals or pubic area of an unclothed, partially clothed or clothed child. The material is considered lewd if it was made for the sole purpose of:
- Appealing to a prurient interest in sex; and
- Has no scholastic, literary, political, scientific or artistic purpose
Possessing or promoting lewd material of a child is a state jail felony in Texas. You could face up to 24 months in jail and a fine of up to $10,000 if you’re convicted. A second offense will result in a third-degree felony, which is punishable by a fine of up to $10,000 and up to 10 years in prison.
Two or more previous convictions could lead to a second-degree felony that can result in up to 20 years in prison and a fine of up to $10,000.
Additional Resources
Child Pornography Laws in Texas – Visit the official website of the Texas Penal Code to find more information surrounding child pornography. Access the site to learn more about public indecency offenses such as prostitution, indecent exposure and obscenity.
Child Rescue Coalition – Visit the official website for the Child Rescue Coalition, a nonprofit that partners with child exploitation officers, forensic experts, prosecutors and child welfare agencies to reduce child pornography. Access the site to learn more about child pornography statistics, survivor stories and current news about legislation surrounding child pornography.
Lawyer for Child Pornography in Harris County, Texas
Here at Tyler Flood & Associates, Inc., our attorneys are passionate about criminal defense. We understand how stressful child pornography allegations can be. This is why we want to provide a strong defense for you through quality legal service. Call (713) 224-5529 today to schedule a case consultation.
Tyler Flood & Associates, Inc. accepts clients throughout the Houston metropolitan area including Bellaire, Tomball, Uptown and River Oaks.
This article was last updated on March 7th, 2019.
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