Child Pornography

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Texas law aims to protect minors from sexual exploitation and public indecency. Violating these laws can lead to life-altering consequences. This piece goes over Possession or Promotion of Child Pornography, Electronic Transmission of Certain Visual Material Depicting Minors, and Possession or Promotion of Lewd Visual Material Depicting Children.

Williamson County TX Child Pornography Defense Attorneys

Facing charges related to child pornography in Texas? If so, it is important to consult with a sex crime lawyer immediately. The child pornography laws in Texas are very strict, and a conviction can derail an individual’s life. Reach out to Georgetown child pornography attorneys at Price & Twine, PLLC at (512) 354-1880 for professional guidance and direction.

Overview of Georgetown Child Pornography Lawyer 

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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.

The term “knowingly” refers to the state of awareness an individual must have regarding the possession or promotion of child pornography. To get a conviction, the prosecutor must prove that the person was fully aware that the material they possessed or promoted contained explicit images of minors.

“Visual material” 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 Texas law.

Legal Consequences

An offense under this law is considered a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine. However, if the individual has previous convictions related to child pornography, the charges can escalate to a second or even first-degree felony.

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Electronic Transmission of Certain Visual Material Depicting a Minor

What Constitutes an Offense?

Section 43.261 makes it illegal for a minor to knowingly transmit or possess sexually explicit material depicting another minor through electronic means, including smartphones, computers, and other digital devices.

Legal Consequences

Offenses under this law are considered Class C misdemeanors punishable by up to a $500 fine, with penalties becoming more severe for repeat offenses or if the act was committed with malicious intent.

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Possession or Promotion of Lewd Visual Material Depicting a Child

Lewd visual material involving children is another area of concern in Texas. 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

Typically, an offense under this law is classified as a state jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000. The penalties escalate for repeat offenders or those with prior convictions.

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Defenses to Possession or Promotion of Child Pornography

Scope Of Lawful Exemption
Under Texas law, 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.

Unknowing Possession
The defense of unknowing possession could apply. The law 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.

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Defenses to 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. Both parties must be minors, and the age difference between them cannot exceed two years. The material also must be 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.

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Defenses to Possession or Promotion of Lewd Visual Material Depicting a Child

Scope of Lawful Exemption
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 says 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.

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Areas We Serve

We service cities in Williamson County such as:

We also service cities in Bell County such as:

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Child Pornography Resources

View Texas Penal Code on sex crimes in the state. Each law 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 are facing child pornography charges or accusations of other sex offenses, it is important to talk with a lawyer immediately. The sex crime lawyers at Price & Twine, PLLC focus on cases like these and help defend clients while protecting their rights. Learn more about your rights and next steps by contacting Price & Twine, PLLC at (512) 354-1880 for a consultation.