San Antonio Child Pornography Lawyers
In Texas, child pornography offenses are taken extremely seriously due to the severe impact they have on the victims involved. This crime consists of the possession, distribution, creation, or promotion of material depicting sexual conduct by a minor.
The statutes are stringent, and the law covers any electronic, digital, or tangible representation. Accessing or viewing such content without further activity can have severe legal consequences.
Child pornography is prosecuted under Texas Penal Code Section 43.26(a) as a third-degree felony. Charges for this type of crime are particularly grave because the State can often charge a separate count for each item of pornography found, even if all the items are seized during one search.
represents clients in San Antonio and throughout Bexar County in both state and federal child pornography charges. These include charges of promotion of child pornography, electronic transmission of specific visual material depicting a minor, and computer technicians required to report child pornography.
Contact Flanary Law Firm, PLLC for a free confidential consultation to discuss the facts of your case, potential penalties, and defenses that can help you. Call (210) 899-7566.
Elements of Child Pornography Possession in Texas
The elements of possession of child pornography must be proven beyond all reasonable doubt at trial, including:
- The defendant intentionally or knowingly possesses or accesses with intent to view;
- Visual material;
- The material visually depicts a child younger than 18 years of age at the time the image of the child was made;
- The child in the visual material is engaging in sexual conduct and
- The person knows that the material depicts the child engaging in sexual conduct.
Elements of Child Pornography Promotion
Promotion of child pornography is charged as a second-degree felony.
The elements of the promotion of child pornography that must be proven beyond all reasonable doubt at trial include:
- The defendant intentionally or knowingly promotes or possesses with intent to promote;
- Visual material;
- The material visually depicts a child younger than 18 years of age at the time the image of the child was made;
- The child is engaging in sexual conduct; and
- The person knows that the material depicts the child engaging in sexual conduct.
Failure of a Computer Technician to Report Child Pornography
Under the child pornography promotion statute, the term “promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or offer or agree to do any of these.
Under the Business and Commerce Code, Section 109.003, a computer technician is required to report child pornography. The failure to make sure a report can be charged as a Class B misdemeanor.
The elements of the offense that must be proven at trial include:
- The defendant is a computer technician;
- In the course and scope of employment or business as a computer technician;
- The defendant views an image on a computer that is or appears to be child pornography
- The defendant intentionally failed to immediately report the discovery of the image that is or appears to be child pornography.
Computer technicians must report the images to a local or state law enforcement agency or the Cyber Tipline at the National Center for Missing and Exploited Children. If known, the report must include the name and address of the owner or person claiming a right to possess the computer.
The term “computer technician” means an individual who, in the course and scope of employment or business, installs, repairs, or otherwise services a computer for a fee.
Penalties for Child Pornography
The penalties for child pornography offenses in Texas are harsh and can lead to long-term consequences. Charges range from a third-degree felony to a first-degree felony, depending on the circumstances.
For instance:
- Possession: This is generally a third-degree felony, punishable by two to 10 years in prison and fines up to $10,000.
- Promotion or distribution: This can be a second-degree felony, with penalties including two to 20 years in prison and fines up to $10,000.
- Production or creation: This is one of the most severe forms and can be charged as a first-degree felony, potentially resulting in five to 99 years or life imprisonment, along with significant fines.
Mandatory Sex Offender Registration
A conviction for a child pornography offense typically mandates registration as a sex offender. This registration includes personal details such as your name, photograph, address, and the nature of the offense, making it publicly accessible.
This lifelong requirement can severely restrict housing, employment opportunities, and social interactions. The social stigma associated with being listed in the registry can lead to perpetual ostracism, impacting virtually every aspect of life.
Admissibility of Evidence
In child pornography cases, the admissibility of evidence can often be a crucial factor in the defense. Any evidence obtained through illegal means, such as unlawful search and seizure, can potentially be challenged and excluded from the trial.
A skilled attorney will thoroughly examine how the evidence was gathered, stored, and presented to protect the defendant's constitutional rights. Any procedural errors or breaches in the protocol can create opportunities to suppress pivotal evidence, thereby weakening the prosecution's case.
Elements of Child Pornography Possession in Texas
The elements of possession of child pornography must be proven beyond all reasonable doubt at trial, including:
- The defendant intentionally or knowingly possesses or accesses with intent to view;
- Visual material;
- The material visually depicts a child younger than 18 years of age at the time the image of the child was made;
- The child in the visual material is engaging in sexual conduct and
- The person knows that the material depicts the child engaging in sexual conduct.
Elements of Child Pornography Promotion
Promotion of child pornography is charged as a second-degree felony.
The elements of the promotion of child pornography that must be proven beyond all reasonable doubt at trial include:
- The defendant intentionally or knowingly promotes or possesses with intent to promote;
- Visual material;
- The material visually depicts a child younger than 18 years of age at the time the image of the child was made;
- The child is engaging in sexual conduct; and
- The person knows that the material depicts the child engaging in sexual conduct.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Defenses to Child Pornography Crimes
Under Penal Code, Sec. 42.26(c), it is an affirmative defense to the charge of possession of child pornography that:
- The defendant was the spouse of the child at the time of the offense;
- The conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or
- The defendant was not more than two years older than the child.
Under Penal Code, Sec. 43.26(h), it is an affirmative defense to the charge of the promotion of child pornography that:
1) The defendant is a law enforcement officer or school administrator who possessed or accessed the visual material in good faith solely, 2) as a result of an allegation of a violation of transmission of child pornography, and 3) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate 4) based upon the allegation described and 5) took reasonable steps to destroy the material within an appropriate period.
For the statute related to the failure of a computer technician to report the discovery of child pornography during the scope of employment, Sec. 43.26 provides a defense to prosecution if the child in the image appeared to be at least 18 years of age.
