Texas law aims to protect minors from sexual exploitation and public indecency. Misinterpretation or lack of knowledge regarding these laws can be disastrous. This piece delves into three key statutes under the Texas Penal Code: Sections 43.26, 43.261, and 43.262. These laws deal with the Possession or Promotion of Child Pornography, Electronic Transmission of Certain Visual Material Depicting Minors, and Possession or Promotion of Lewd Visual Material Depicting Children, respectively.
Williamson County TX Child Pornography Defense Attorneys
If an individual is facing charges related to child pornography in Texas, it is crucial to have a professional defense lawyer. The laws are very stringent, and the consequences of a conviction can be life-altering. Reach out to Georgetown child pornography attorneys at Price & Twine, PLLC for professional representation. Contact our attorneys at (512) 354-1880.
Overview of Georgetown Child Pornography Lawyer
- Section 43.26: Possession or Promotion of Child Pornography
- Section 43.261: Electronic Transmission of Certain Visual Material Depicting a Minor
- Section 43.262: Possession or Promotion of Lewd Visual Material Depicting a Child
- Defenses under Section 43.26: Possession or Promotion of Child Pornography
- Defenses under Section 43.261: Electronic Transmission of Certain Visual Material Depicting a Minor
- Defenses under Section 43.262: Possession or Promotion of Lewd Visual Material Depicting a Child
- Areas We Serve
- Child Pornography Resources
Section 43.26: Possession or Promotion of Child Pornography
What Constitutes an Offense?
Texas law criminalizes the possession, promotion, and distribution of child pornography. According to Section 43.26 of the Texas Penal Code, an offense occurs if an individual knowingly possesses or promotes visual material that portrays a child younger than 18 years engaging in sexual conduct. Knowledge about the material’s content is crucial for the charge to be valid.
What Does “Knowingly” Mean under Section 43.26?
The term “knowingly” refers to the state of awareness an individual must have regarding the possession or promotion of child pornography. To face conviction, there must be evidence that you were fully aware that the material you possessed or promoted contained explicit images of minors.
Is It Illegal to Possess or Promote Digitally Altered Material?
The terms “Sexual Conduct” and “Promote” are elaborated upon in Section 43.25, providing further clarity. “Visual material,” under the statute, refers to any media capable of displaying an image, such as photographs, films, or digital files.
Digitally altered material that makes an adult look like a minor or vice versa still falls under the purview of Section 43.26. The law is concerned with the depiction rather than the actual age of the individual in the image.
Legal Consequences And Penalties An offense under this statute is considered a third-degree felony. However, if the individual has previous convictions related to child pornography, the charges can escalate to a second or even first-degree felony.
Section 43.261: Electronic Transmission of Certain Visual Material Depicting a Minor
What Constitutes an Offense?
With the rise of technology, the electronic transmission of sexually explicit material has become more prevalent, even among minors. Section 43.261 addresses this issue specifically. An offense under this statute involves a minor knowingly transmitting or possessing sexually explicit material depicting another minor via electronic means, including smartphones, computers, and other digital devices.
Legal Consequences and Penalties
Initially, offenses under this section are considered Class C misdemeanors, with penalties becoming more severe for repeat offenses or if the act was committed with malicious intent.
Section 43.262: Possession or Promotion of Lewd Visual Material Depicting a Child
Background and Context
Lewd visual material involving children is another area of concern in Texas. The law takes a stern approach to dealing with individuals who possess or promote such material.
What Constitutes an Offense?
An individual commits an offense if they knowingly possess or promote material that shows the lewd exhibition of the genitals or pubic area of a minor younger than 18 years.
Legal Consequences and Penalties
Typically, an offense under this section results in a state jail felony. The penalties escalate for repeat offenders or those with prior convictions.
Defenses under Section 43.26: Possession or Promotion of Child Pornography
Scope Of Lawful Exemption
Under Section 43.26, certain professionals like law enforcement officers and educational administrators are granted an exemption if they possess child pornography material solely as a part of their official duties or professional responsibilities. The key here is that the material must be relevant to their work, and there should be no other ulterior motives involved.
Unknowing Possession
Although challenging to prove, the defense of unknowing possession could apply. The statute requires that an individual “knowingly” possess or promote child pornography. If someone can establish that they were unaware of the nature of the material they possessed, this defense might be applicable.
Defenses under Section 43.261: Electronic Transmission of Certain Visual Material Depicting a Minor
Affirmative Defense In Dating Relationships
The law provides an affirmative defense for minors who transmit explicit material within a dating relationship. The statute outlines that both parties must be minors, and the age difference between them should not exceed two years. The material also must have been kept private between the two individuals involved.
Lack Of Malicious Intent
The statute penalizes the electronic transmission of explicit material if done with an intent to harm. If one can establish that there was no malicious intent behind the transmission, this could serve as a defense.
Defenses under Section 43.262: Possession or Promotion of Lewd Visual Material Depicting a Child
Scope of Lawful Exemption
Like Section 43.26, exemptions apply to law enforcement officers and educational administrators if they possess or promote lewd material involving minors as part of their professional responsibilities.
Lack of Knowledge
The law specifies that an individual must “knowingly” possess or promote lewd visual material depicting a minor. Therefore, a lack of knowledge regarding the material’s content or the age of the individual depicted could potentially serve as a defense.
Areas We Serve
We service cities in Williamson County such as:
- Cedar Park
- Georgetown
- Leander
- Round Rock
- Taylor
- Hutto
- Liberty Hill
We also service cities in Bell County such as:
Child Pornography Resources
View the full text of the chapter of the Texas Penal Code dedicated to Public Indecency. Each statute provides a description of the offense as well as applicable penalties. Certain laws also include notes of amendments that modify the statutes.
Price & Twine, PLLC – Georgetown Child Pornography Attorneys
If you or a loved one are facing child pornography charges or accusations of other sex offenses, it is crucial to seek qualified legal representation immediately. The sex crime lawyers at Price & Twine, PLLC focus on cases like these and can help you navigate the complexities of Texas law. Protect your rights and your future by contacting Price & Twine, PLLC at (512) 354-1880 for a consultation. The expertise you need is just a call or click away.