There are very few crimes with a heavier stigma than possessing, producing or creating child pornography. Even simple allegations of possessing child pornography are enough to significantly ruin a person’s reputation and standing in their community. Many people who were regarded highly among their peers have faced severe social isolation and shame because they were accused of possessing, producing or creating child pornography.
The penalties for child pornography charges are not to be taken lightly either. Possessing, transmitting or creating child pornography is a felony-level offense. That means if you’re convicted, you’ll likely receive a lengthy prison term as well as an expensive fine. You will also be burdened with the label of “sex offender” and be required to register with the local sheriff’s department at least once a year. For these reasons, we urge you to gain legal representation if you’ve been accused of possessing, transmitting or creating child pornography.
Lawyer for Child Pornography in Austin, Texas
Child pornography accusations could potentially disrupt your life, but a conviction has the potential to devastate your professional and personal goals. If convicted, you could be sentenced to years in prison as well as be obligated to pay expensive out-of-pocket fines. Having strong reputable legal counsel to guide you isn’t just important, but necessary if you want to successfully defend yourself in court.
If you or someone you know has been accused of possessing, transmitting or creating child pornography, then contact The Law Office of Kevin Bennett. Attorney Kevin Bennett has defended people of all types of sex crimes involving children including child pornography. He can assess the evidence and create a strong and effective defense for your case. Call The Law Office of Kevin Bennett now at (512) 476-4626 to set up your first consultation free of charge today.
The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, West Lake Hills, Bee Cave, and Del Valle.
Overview of Child Pornography Charges in Texas
- What Constitutes as Child Pornography in Texas?
- What Are the Penalties for Possessing Child Pornography?
- What Are the Penalties for Transmitting Child Pornography?
- Penalties for Possessing or Promoting Lewd Material
What Constitutes as Child Pornography in Texas?
Texas law prohibits any person from possessing, transmitting or promoting child pornography in any medium. The definition for child pornography can be found under Texas Penal Code Section 43.26, which states any visual material depicting a child engaged in sexual conduct is child pornography. The term “sexual conduct” refers to any simulated or actual sexual act on another person.
Listed below are the elements the prosecution must prove beyond a reasonable doubt to convict a person for possessing child pornography.
- The alleged offender intentionally or knowingly possessed or had access to the visual material; and
- The material presented a child under the age of 18 engaged in sexual conduct; and
- The alleged offender was aware of what the visual material was depicting
The charge can be reclassified to possession with intent to promote child pornography if the offender is found with six identical visual depictions of children involved in sexual conduct. The penalties for possession with intent to promote child pornography are much heavier than standard possession of child pornography.
What Are the Penalties for Possessing Child Pornography in Texas?
The state of Texas implemented incredibly harsh penalties to deter offenders from possessing child pornography. These penalties also heavily rely on the offender’s criminal history. A first-time possession offense could potentially 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 the offender has a prior child pornography related conviction on their record, then the court will automatically enhance the charge to a second-degree felony. The penalties for a second-degree felony include the following:
- Up to 20 years in prison; and
- A possible fine of up to $10,000
Having two or more prior child pornography convictions will elevate the charge to a first-degree felony. This is the second highest offense classification under Texas law and has a minimum of a 5-year prison sentence upon conviction.
The maximum penalties for a first-degree felony include up to 99 years in prison and a fine of up to $10,000.Possession with intent to promote child pornography can result in a second-degree felony. Offenders with a prior child pornography conviction will have their crime enhanced to a first-degree felony as a result.
What Are the Penalties for the Transmission of Child Pornography in Texas?
Possessing child pornography is clearly illegal, but you might be unaware that sending child pornography to other users or sites is also unlawful under Texas law. This charge also applies to the act of “sexting,” which is where minors and young adults send one another nude photos of themselves to each other. Even minors who engage in this act of “sexting” could face criminal penalties because it could be seen as transmitting child pornography.
Electronic transmission of child pornography is a class C misdemeanor, which can result in up a fine of up to $500. The crime can be enhanced from a class C misdemeanor to a class B misdemeanor if the following is proven to be true.
- The material was promoted solely to annoy, alarm, abuse, torment, embarrass, harass or offend another person; or
- The alleged offender had a previous conviction for the transmission of child pornography
The maximum penalties for a class B misdemeanor include:
- Up to 180 days in jail; and
- A fine of up to $2,000
The crime can be elevated even further to a class A misdemeanor if the alleged offender has been convicted two or more times for a child pornography-related offense in the past. The maximum penalty for a class A misdemeanor includes:
- Up to 12 months in jail; and
- A fine of up to $4,000
Penalties for Possessing or Promoting Lewd Material in Texas
Possessing or promoting lewd material of a minor is illegal in the state of Texas. Lewd material differs from visual child pornography material as there are no sexual acts being depicted. Instead, the medium portrays the pubic area or genitals of a partially clothed or unclothed minor. The material is only considered lewd if it was made with the intention of:
- Appealing to a prurient interest in sex; and
- Has no scholastic, literary, political, scientific or artistic purpose
A conviction for possessing or promoting lewd material is a state jail felony in Texas.
The maximum penalty for a state jail felony is up to 24 months in jail and a fine of up to $10,000.
A second offense will upgrade the crime to a third-degree felony, which is punishable by up to 10 years in prison and a fine of up to $10,000.
Any subsequent offense will reclassify the crime to a second-degree felony, which 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.
Child Pornography Defense Attorney in Travis County, Texas
Have you been accused of possessing, transmitting or producing child pornography? The damage the accusations can do to your reputation is tremendous, but the statutory penalties could potentially put you behind bars for years. With this in mind, we highly encourage you to gain legal representation with extensive experience in child sex crimes.
Attorney Kevin Bennet at The Law Office of Kevin Bennett has been practicing criminal defense for years and has represented numerous people accused of various sex crimes. His skills, resources and years of practice can be utilized to create a sturdy defense for your case. Call The Law Office of Kevin Bennett now at (512) 476-4626 to set up your first consultation in the Austin, Texas area. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Rollingwood, Pflugerville, Lago Vista and Lakeway.
