For the past two academic semesters, students across the country have alternated between in-person and virtual learning formats in an attempt to keep students and their families safe from contracting and spreading the COVID-19 virus. Each state was presented with the ability to dictate their educational systems’ future for the fall semester, some returning to the classroom, others remaining fully remote, and even more states selecting a hybrid platform. Texas Governor Greg Abbott and Texas Education Commissioner Mike Morath required all schools in the state to open their doors to those who would like to return to the classroom while also being prepared for remote teaching for students who opt to remain at home.

These unprecedented changes to Texas classrooms have made things more challenging for teachers, students, and their families. Additionally, the dual academic options have made regulating students’ progress and teachers’ work increasingly difficult. As is the unfortunate case each year, inappropriate teacher-student relationships can continue to occur during this unique academic year. Teachers and students have an even greater virtual connection than ever before, making it easier for such relationships—and false accusations—to flourish. 

Crimes against children are penalized especially harshly in the United States. Not only can a child-related offense result in heavy fees and jail time, but the defendant may also be required to register as a sex offender. This means that his or her name, address, picture, and a description of the crimes he or she has been convicted of will appear on the Texas Public Sex Offender Registry. A conviction of possession or promotion of child pornography can result in considerable imprisonment as well as a lifetime of stigma. If you or someone you know has been charged with possession or promotion of child pornography, it is imperative that you contact a skilled criminal defense attorney as soon as possible so that you can start building a strong defense against the charges.

Possessing Child Pornography

Owning visual material that depicts a person under age 18 engaging in sexual conduct is against the law in all 50 states, including Texas. A child pornography charge may result from digital images or videos found on a computer, tablet, or smartphone. It may also result from physical photographs or videos stored on DVDs or other mediums. Possession of child pornography is a third-degree felony in Texas. It is punishable by 2-10 years in prison and fines up to $10,000. A second conviction for possession of child pornography is a second-degree felony punishable by up to 20 years of incarceration. If an individual is convicted of possessing child pornography for a third or subsequent time, he or she can face up to 99 years in prison.

Crimes against children, such as possession of child pornography, sexual assault of a child, injury to a child, solicitation of a minor, and child trafficking, are some of the most harshly punished criminal offenses in Texas and across the country. Although many criminal charges involving alleged child-related crimes do not result in convictions, some people assume that just because a person was charged, he or she actually committed the offense. However, it is essential that individuals charged with crimes against children remember that they have the same rights as any other criminal defendant. In many cases, understanding and implementing these rights can make the difference between a conviction and an acquittal.

You Have the Right to Remain Silent 

Most people have probably heard the phrase “you have the right to remain silent” numerous times, but many do not understand the true significance of this right. The Fifth Amendment to the United States Constitution gives citizens the right to avoid “self-incrimination.” The term self-incrimination refers to a person being forced to testify against himself or herself. This means that you have the right to decline police questioning and remain silent until you have a chance to speak to a lawyer. Law enforcement personnel are specially trained in tactics that provoke criminal defendants to talk without their lawyers present. Police may even imply that only a guilty person would refuse to answer questions. Do not give in to these strategies. Calmly state that you are invoking your right to remain silent and will do so until you speak to a lawyer.

There is no doubt about the tremendous influence smartphones have on our everyday lives. The use of text messaging has especially skyrocketed in recent decades. Research shows that over 15 million texts are sent every minute, and this number is expected to continue to increase. The use of text messages to send sexually explicit photographs and messages has been nicknamed “sexting.” Although it may seem harmless, sexting can sometimes lead to child pornography charges and other criminal charges. If you have been accused of creating, distributing, or possessing child pornography, speak to a Texas criminal defense attorney right away so you can start building a solid defense strategy.

Sexually Explicit Photos Between Minors May Be Illegal in Some Situations

Although many parents may not realize it, teenagers commonly send nude photographs of themselves to their peers. They may assume that these images do not constitute child pornography because the images are not being sent to an adult. However, under Texas law, it is illegal for anyone, including minors, to transmit any images or videos depicting a minor engaged in sexual conduct. In some cases, sexting between minors can be considered a class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail. The law does provide defenses for those who receive unsolicited photos and for minors who are in a dating relationship, who are within two years of age of each other, and who share the images privately.

While all criminal charges have the potential to be life-changing, being accused of a crime against a child can be especially disastrous. If you have been charged with an offense related to child pornography in Texas, you should not take these charges lightly. If convicted, you could face incarceration, substantial fines, plus a lifetime of stigma. A qualified criminal defense lawyer with experience fighting child pornography charges can help you understand your legal options if you have been accused of possessing, creating, or distributing child pornography.

Possession of Child Pornography 

Title 9 of the Texas Penal Code addresses crimes related to child pornography. In Texas, it is against the law to produce, distribute, or possess media depicting a person under age 18 engaging in sexual conduct. This can include still photographs, videos, and other materials. Sexual conduct is defined in the law as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse. If you are convicted of viewing or possessing child pornography, you face a third-degree felony punishable by 2 to 10 years of incarceration and a fine up to $10,000. If you have previously been convicted of possessing child pornography, the offense is a second-degree felony punishable by up to 20 years in prison. A third or subsequent child pornography conviction carries penalties including up to 99 years of imprisonment.

Criminal offenses against children, such as possession of child pornography, sexual assault against a child, and child abuse, carry more stigma than almost any other crime. When an individual is accused of a crime such as these, he or she may lose friends, family members, his or her career, and more. This is why false allegations of child sexual abuse are such an alarming issue. A woman in Arkansas is now facing her own criminal charges after fabricating a story about her husband’s alleged crimes against children.

Woman Says She Found Explicit Images of Children on Her Husband’s Phone

In 2018, a 34-year-old Arkansas woman went to police to make a report of her husband’s alleged sexual assault and domestic violence. She claimed that she had caught her husband sexually assaulting a 13-year-old girl and that her husband attacked her when she interrupted the alleged crime. She showed investigators a bruise from the supposed attack as well as pictures on her husband’s phone depicting child pornography. However, when investigators looked further into the woman’s allegations, they discovered that the truth was wildly different than what the woman had claimed.