Child Pornography: Legal Definition and Penalties
Child pornography is a significant legal issue with severe consequences under both state and federal law. Possession, distribution, and creation of child pornography are criminal violations in Texas, like they are in many other countries in the United States, and can result in harsh punishments such as lengthy prison sentences and lifelong registration as a sex offender.
This blog post will present a summary of Texas child pornography statutes, the potential penalties for those accused of related offenses, and the critical defense techniques that persons should consider when facing such charges.
What is Child Pornography under Texas law?
In the state of Texas, any behavior involving child pornography is considered a serious crime. Possession, promotion, or transmission of such items are examples of such conduct. According to Texas Penal Code 43.26, a person can be charged with possessing child pornography if they have a sexually explicit depiction of a minor under the age of 18 participating in sexual conduct.
The visual depiction refers to a variety of media, such as photographs, videos, films, negatives, and slides. It also includes tangible things such as flash drives, hard drives, disks, and CDs that display explicit photographs of minors.
Child Pornography as Federal Crime
Child pornography is regarded very seriously in both state and federal courts. If you are found guilty of violating federal child pornography statutes, you could face significantly harsher penalties.
If you transfer indecent photographs of children across state lines or even outside the country, you may face federal child pornography charges. It is also likely to face charges in both state and federal courts for child pornography.
Child Pornography Penalties in Texas
Penalties for Possessing Child Pornography
This involves having explicit images or videos that show minors engaged in sexual activities.
First-time offense:
- Results in a 3rd-degree felony
- It carries a prison sentence of 2 to 10 years
- A monetary sanction of $10,000
Second-time offense:
- Results in a 2nd-degree felony
- Carries a jail sentence varying between 2 and 20 years
- A monetary sanction of $10,000
Third-time offense:
- Results in a 1st-degree felony
- Holds a punishment range of 5 to 99 years of imprisonment
- A monetary sanction of $10,000
Penalties for Promoting Child Pornography
Involves actions that encourage, distribute, or share explicit images or videos of minors engaged in sexual activities.
First-time offense:
- Results in a state jail felony
- Holds a penalty of imprisonment ranging from 6 months to 2 years
- A monetary sanction of $10,000
Second-time offense:
- Results in a 3rd-degree felony
- Carries a punishment of imprisonment ranging from 2 to 10 years
- A monetary sanction of $10,000
Third-time offense:
- Results in a 2nd-degree felony
- Carries a jail sentence varying between 2 and 20 years
- A monetary sanction of $10,000
Transmission of Child Pornography
Refers to sending, sharing, or distributing explicit images or videos involving minors engaged in sexual activities.
First-Time Offense:
- State Jail Felony
- Sentence of 6 months to 2 years in jail
- A fine of up to $10,000
Second-Time Offense:
- 3rd Degree Felony
- Sentence of 2 to 10 years in prison
- A fine of up to $10,000
Third-Time Offense:
- 2nd Degree Felony
- Sentence of 2 to 20 years in prison
- A fine of up to $10,000
Critical Defenses
Accident or Error: While surfing the web, did you accidentally click on a pop-up ad that turned out to be child pornography, and did you quickly leave the site once you realized?
Wrong Identity: Child pornography was found in your possession or shared, but you weren’t the one responsible for it. Be cautious when letting others use your computer.
Marriage: You were married to the minor when the offense occurred.
Legal Reason: The action had a valid purpose, like education, medical, psychological, psychiatric, legal, law enforcement, or legislative matters.
Age Difference: You are not more than two years older than the child.
Arrested? Don’t Plea, Call Me!
Child pornography accusations have the ability to harm your reputation, profession, family, and freedom. Even if you are wrongfully charged, you could face substantial legal consequences, such as a lengthy prison sentence and long-term consequences.
If found guilty, you might spend years in prison and be on a sex offender list for the rest of your life. A professional attorney versed in Texas sexual crimes, on the other hand, understands the gravity of such claims. Our skilled attorney can help you develop a strong defense, achieve a favorable conclusion, and avoid incarceration. Your lawyer will work hard to build a compelling case on your behalf.