Plano, Texas Child Pornography Defense Attorney
Lawyer in Fort Worth Area for Clients Charged with Possession, Creating, or Promoting Child Pornography
If you have been arrested and charged with any offense related to the creation, distribution, or possession of child pornography, it is crucial that you seek legal representation immediately. The mere suggestion that a child may have been exploited is, of course, extremely alarming, and those who are thought to have been connected to child pornography to any extent will face severe criminal consequences and penalties that will affect the rest of their lives.
At The Crowder Law Firm, P.C. in Plano, TX, we understand that not all allegations related to child pornography are true. We also know that "sweeps" and other efforts by law enforcement to catch child predators often entangle well-meaning and innocent individuals. If you or someone you love is facing any type of child pornography charges, our team is equipped to provide the aggressive defense that you deserve.
Understanding Texas Child Pornography Laws
In the state of Texas, the laws that pertain to child pornography are contained in Title 9 of the Texas Penal Code, which addresses "Offenses Against Public Order and Decency." Specifically, such laws prohibit the production, distribution, or possession of photos, videos, digital files, or other materials that depict a child under the age of 18 "engaging in sexual conduct." For the purposes of the law, sexual conduct includes actual or simulated intercourse, sexual contact, and "lewd exhibition of the genitals," among other behaviors.
A person who intentionally or knowingly possesses or accesses with intent to view child pornography may face the following penalties:
- First offense: Third-degree felony, which carries a sentence of 2-10 years in state prison and fines of up to $10,000.
- Second offense: Second-degree felony, punishable by 2-20 years in prison and fines up to $10,000.
- Third or subsequent offense: First-degree felony, with a sentence of 5-99 years in prison and fines up to $10,000.
If a person manufactured, sold, published, transmitted, delivered, distributed, advertised, or otherwise provided child pornography to someone else, the charges could be elevated to promotion of child pornography. Possession of six or more copies of a piece of child pornography will be considered possession with intent to promote. Promotion of child pornography may result in the following penalties:
- First offense: Second-degree felony, which can result in 2-20 years in prison and fines up to $10,000.
- Second or subsequent offense: First-degree felony, punishable by 5-99 years in prison and fines up to $10,000.
The production of child pornography falls under the offense of "sexual performance by a child." This charge may apply if a person employs, induces, or authorizes a minor child to engage in the performance of sexual conduct. This offense can result in the following penalties:
- If the child is under the age of 18: Second-degree felony, which carried a sentence of 2-20 years in prison and fines up to $10,000.
- If the child is under the age of 14: First-degree felony, which can result in 5-99 years in prison and fines up to $10,000.
Federal Child Pornography Charges
In addition to charges filed by county prosecutors on behalf of the state of Texas, it is also possible to face child pornography charges filed by United States Attorneys acting on behalf of the federal government. The use of the internet and the prevalence of child trafficking related to child pornography make the issue one of great interest to the nation as a whole. Federal charges for child pornography carry severe penalties, which may include a minimum of five years in federal prison for a first offense. The severity of the charges and the consequences will depend, however, on the quantity and nature of the materials found.
Protecting Your Rights in McKinney and Garland
Attorney Darlina Crowder and her team understand that there are at least two sides to every story, even when allegations of child pornography are involved. If you are facing charges, you can depend on us to advocate on your behalf every step of the way. We are committed to the principle that every defendant is innocent until proven guilty, and we will fight to ensure that your rights are fully protected. Our team has secured more than 250 not-guilty verdicts and acquittals for our clients, and we are ready to put our experience to work for you.
Call 214-303-9600 Today
For more information about child pornography laws in Texas, contact our office. Call 214-303-9600 for a free, confidential consultation today. The Crowder Law Firm, P.C. represents clients in Plano, Dallas, Fort Worth, McKinney, Garland, Denton, Collin County, Tarrant County, Grayson County, and the rest of North Texas. Se habla Espanol.