As Americans, we often take our Constitutional rights for granted until a situation occurs that forces us to better understand those rights. Pornography and obscenity laws are usually grouped within free speech but are sources of much controversy. Most people with a smart phone, laptop, or wired device assume they know what is illegal to view on the internet and are understandably shocked when police officers knock at the door. So, to avoid legal trouble, it’s important for everyone to fully understand pornography laws and where the line between legal and illegal activity is drawn.

Free speech and freedom of expression are fundamental rights protected under our Constitution. However, the courts regularly hear cases challenging the definitions of these rights. These court interpretations become more significant as communications, technology, and access to information continue rapidly evolve in our wired society.

Pornography and obscenity has been ruled by the Supreme Court as protected free speech. While many groups and individuals may object to such material, the courts have deemed certain types pf pornography as protected free speech. However, not all offensive material fall under protected free speech. The courts have declared child pornography, revenge porn, and in some cases, distribution of certain pornography as illegal.

Even though the courts have ruled on countless cases, the law is far from settled. There remains much controversy surrounding what defines protected free speech. Texas is notoriously tough on crime and has the highest conviction rates in the US. Combined with the highest incarceration rate in the nation, Texas courts are a brutally tough place to defend yourself against accusations of possession of pornography, online solicitation, possession of child pornography, or other Texas pornography laws. If convicted, defendants face stiff penalties including prison time, expensive fines, and other devastating legal consequences.

With so many new laws and court interpretations, it’s easy to see how unsuspecting people are finding themselves in the crosshairs of law enforcement and facing criminal charges.

The confusion around Texas pornography and obscenity laws is likely to continue for the foreseeable future. Meanwhile, law enforcement will continue making arrests and defendants will need strong legal representation to insure a proper defense. This is NOT a time to gamble with the law.

If you find yourself or someone you love charged with a pornography crime, it’s important to know your rights. In this article, we shed light on the new Texas pornography laws, how to steer clear of trouble, and what to do if arrested.

Texas porn Laws

Recently enacted Texas erotica laws, in essence, expand the definition of child pornography. This has led to a massive increase in arrests and sting operations throughout the state.. While more arrests might make us feel safer, the reality is far more concerning. Defense attorneys and scholars argue that many people tried and convicted of these crimes are engaging in protected free speech. Innocent people are now at greater risk of being targeted by overzealous police departments all over Texas.

That isn’t all, age restrictions at exotic dance and strip clubs were recently changed from 18 to 21. While the intentions of these laws might have seemed good at first, when looked at from another angle, it might just be an unconstitutional restriction of first amendment rights.

People have the right to certain behaviors in their homes that cannot be imposed upon the public. While we may not personally approve of what people do in private — our nation’s laws are intended to protect individual freedoms and expressions regardless of how we may feel about them.

Legislators and public officials often pass stricter laws with the intention of protecting the public good or the innocent among us such as children, the elderly, or other at risk groups. On the surface, that sounds like a noble cause most of us would support. Unfortunately, these laws come with severe punishments that can ruin lives and give tremendous power to the police and criminal court system. Like any sweeping legislation, the devil is in the details. For example, how do you determine the age of someone on an undated video? How do you charge an underage person who makes videos or images of themselves? How do you charge someone who unknowingly viewed material with a minor in it? These are just a few of the many gray areas that are often left up to interpretation by police officers or jurisdictions. There is no one size fits all when it comes to interpreting these laws and that’s a serious problem for ALL of us.

Porn and obscenity can have different meanings to different people. One person’s “obscenity” is another persons artwork or creativity. As a society, we certainly need to protect our children from exploitation and exposure to harmful material. But how we do this without damaging our own freedoms is a tricky line to walk. It’s obvious that in the age of the internet, the scope and confusion around these issues has only grown.

Legal scholars raise concerns over the Texas laws overly broad, general, and dated language. In its definition of “pornography” and “obscene content”, it seems to include, but not clearly define pornographic content that one can regularly access on the internet. It’s vague and leaves a lot of room for interpretation. This is problematic for a legal system intended to treat everyone equal under the law.

As for minors, the reality of todays connected society means an endless array of gateways into potential trouble. Both as users and producers of content, young people can find themselves in trouble before they know it. It’s common for people under the age of 18 to post controversial content on the internet. But does that make these minors distributors of illegal pornography? And does that make someone who has this content in their phones guilty as well?

Profit, Content, And Confusion

As you can see, these laws create more questions than they answer. Everyday we see more apps, websites, and technology that accelerate the confusion and open more pathways to potentially illegal behavior. In recent years we’ve seen a massive influx of controversial content by young people who quickly embrace new platforms like TikTok, Instagram, or Snapchat. the laws simply cannot keep up with the speed of a private sector determined to make a profit without regard for the long-term consequences.

For years, we’ve trusted social media companies, internet providers, and corporations to protect their users, especially vulnerable children and minors. But the continued monetization of content for profit makes their task extremely difficult. Some lawmakers argue that allowing these companies to self-regulate is akin to trusting the fox to watch the henhouse. These officials don’t believe the profit-driven companies will do enough.

User driven content, especially video, is pushed by every major platform. Facebook, YouTube, Instagram, TikTok, and thousands of other platforms offer a distribution network for their users to produce and consume content from other users. Users may also monetize this content themselves. The explosion of erotic content platforms such as PornHub has only accelerated the amount of controversial material produced by users.

OnlyFans is yet another user-driven content platform that allows private individuals to sell access to private content with very little restriction. A camera phone and an internet connection are all it takes for someone to start making videos of themselves for paying subscribers thousands of miles away.

It’s clear that lawmakers have their hands full trying to protect our children and not infringe on our rights. Explicit or sexual material involving minors is illegal but with so much confusion and ways to access content, it’s easy to see how an innocent person could find themselves on the wrong side of the law.

Even if one believes that there’s something morally wrong with this content, it’s hard to argue that it’s quite bad as the term child pornography. When someone says the term child pornography, the worst thoughts come to mind. Does that really connect with content that a minor might post of themselves on the internet?

Those who believe that there should be some law restricting this should understand that the crime attached should most likely should not be called child pornography.

An Uncertain Future

As stated earlier, we’ve got a lot of work to do with our current set of laws around pornography and obscenity. State laws — such as the Texas — could be overturned by federal cases that prove them unconstitutional. Some cases have already been dropped due to unconstitutionality.

But if recent history is any indicator, it could be a long time before we have any clear direction with the law. In the meantime, police will continue to charge ahead in enforcing the current laws, regardless of how vague they may seem. And the courts and jails will continue to fill up with defendants charged with crimes under these controversial laws.

For anyone facing charges related to possession of pornography, online solicitation, or other sex crimes, don’t expect a Texas court to sympathize with you. Having an experienced, aggressive criminal defense lawyer is your best move to protect your rights. It’s critical to understand your rights and if facing charges, to immediately mount a defense with experienced legal representation. Just because a law is confusing or you disagree with it doesn’t mean you can’t be charged and face serious consequences. Don’t take the law into your own hands and don’t expect the law to care about your personal feelings on this subject. Ignorance of the law is no defense. Disagreeing with a law is no defense.

Remember to use good sense whenever you use the internet or any platform such as Facebook, Instagram, TikTok, or YouTube. Never assume your activity is private or that these companies will protect you from illicit material. They all state very clearly that they are not liable for what you do or see online. You’ve got to look out for yourself, and if needed, your family.

get an experienced Attorney on your side

If you find yourself charged with any of the above crimes, you’re going to need a great criminal defense attorney. It’s a criminal defense attorney’s job to know the laws regarding pornography. You might just land yourself in more hot water if you try to navigate it yourself.

The world of the law is more complicated than it seems at first. What looks like it might just be an issue of who is or isn’t following the rules is actually a mess of interpretations, confusion, and exceptions. A lawyer will be able to map all of these out for you and draw you a followable path through the woods — who knows, they might even find that you don’t fit with any crime.

Your lawyer will be able to tell you if the crime you’re getting charged for is unconstitutional. From there, they’ll be able to walk you through a strategy to help you out.

It’s Not Your Job to Know Pornography Laws

Pornography laws — especially now — are complicated. It’s impossible to memorize every letter of the law. If you find yourself on the wrong end of a pornography case, hire yourself an experienced criminal defense attorney who knows how to fight for your rights and is a firm believer in our Constitution.

If you or a loved one is facing charges and in need of a strong legal defense, contact us today.

Every year, the FBI records approximately 800,000 online cyber crimes. While we’re all glad when law enforcement cracks down on cyber crimes, more and more people, and especially teens, are finding themselves in legal trouble for misunderstanding the laws around cyber crime, social media, internet use, and other everyday platforms.

it’s estimated that Over 400 million people become victims of everything from cyberbullying to social media crimes. Teens are often in the crosshairs of law enforcement when it comes to cyberbullying and social media misdeeds.

But the definition of “cyberbullying” and “social media” are vague and often confusing. Because of this, it’s easy to see why a growing number of people, young and old, are surprised when the the police come knocking at their door.

Online crimes are tricky to pin down at times. But make no mistake, crimes on social media may have consequences just as severe as those in real life–and in some cases, even more severe.

It may seem obvious which things you shouldn’t do online. Solicitation of a minor or making death threats are two common examples. But many may be surprised to learn that everyday, seemingly innocuous activities are actually grounds for legal penalties.

In this guide, we aim to discuss crimes on social media that are often confusing and many may not realize were illegal. Read on for five examples of things you should never do whether on Facebook, Twitter, or Instagram.

1. Social Media Crimes Include Using Copyrighted Material

Using copyrighted material can get you into hot water fast. Imagine one day you are Googling for a specific picture. You find one, save it, and then immediately publish it to your social media profile. Unless the image had a Creative Commons license, what you have just done might be a crime.

Copyright law is pretty straightforward: the creator of an image or video has the right to it. That means no one else has the right to use or profit from a particular image. The only way to do so is after having received explicit, written consent.

Now, it’s important to understand that copyright law can get very tricky. So tricky in fact, that you may need a chart to help you determine if you can share or use an image.

Generally speaking, we recommend against posting an image, video, or song that is not your own. The owner of that material could take you to court and demand damages from you.

Are There Exceptions to This Rule?

There are exceptions but it’s best to err on the side of caution. One example of an exception is posting a friend’s picture, or one with a Creative Commons license. Further, you may not suffer any punishment for reposting a copyrighted image. The original poster would suffer the consequences in that situation.

If we are being realistic, though, 99% of people my not realize they’ve posted copyrighted material. It becomes a serious issue when they make a profit off of it. For example, using a copyrighted song in a YouTube video.

Be sure that any images or materials you post are not copyrighted. There are online services that provide non-copyrighted material and can help you avoid trouble with the law.

2. Providing False Information

This is a very common occurrence that can land you in trouble. For example, visiting a website that has an age requirement, and lying about your age. Most people, especially minors, don’t realize this seemingly innocent action can land them in hot water.

Social media accounts like Facebook and Instagram have been making headlines recently for cracking down on fake profiles and other misleading information. It’s a crime to threaten harm or hurt people online, even with a fake account. Further, someone can be sued for defamation or other damages if they pretend to be someone else or causing damage to one’s reputation. Again, the laws are vague but the consequences can be very real.

This is especially the case when concerning crimes for minors. Teens or children may, for many reasons, label themselves as an adult in their profile.

However, this is against the law–and can land those they interact with online in real trouble. This is especially true if they are using social media for dating. If a minor provides false information or a false age, they can face legal consequences.

3. Impersonating Another Person

As mentioned above, it’s illegal to impersonate another person. However, parody accounts may be protected under free speech. Still, taking parody too far can lead to legal repercussions.

Using a fake ID in real life is illegal. Similarly, impersonating another person online can also be illegal. Parody accounts are acceptable, but there are specific rules and guidelines that must be followed to avoid crossing the line. For example, it must be blatantly clear that an account is a parody. How exactly one defines “blatantly clear” is anyone’s guess.

Law enforcement is an exception and often uses fake online profiles to track down cyber criminals or online predators. Online sting operations are a growing part of police work because they are cheap to conduct, pose little risk to the officers, and can provide a digital trail of evidence when or if an arrest is made.

Put simply, it’s best for most people to steer clear of impersonating another person online to avoid problems with the law.

4. Recording a Call Without Someone’s Consent

Perhaps, in order to gather evidence on a sketchy business or person, you record a Facebook or Instagram call with them. You do so secretly, without warning them. Your intention, after all, is to catch them in the act.

Texas is a one-party consent state. In other words, unless you are one of the parties on the call, you can’t record a conversation between two people without their consent. However, there are guidelines to how that recording may be used or submitted to a third party.

If for some reason you need to record a call, make sure you are adhering to Texas guidelines and don’t record calls or conversations of others without their consent. Public places, such as malls or sporting events, are often exempt from the privacy rules but even then can have some stipulations depending on the type of recording.

5. Uploading Pictures of Someone Without Consent

Your First Amendment rights allow you to take pictures of anyone you like in a public space. It’s only in places with a “reasonable expectation of privacy” where that is not the case. For example, on the premises of private property.

Say you go to a friend’s house for a party and take a picture of them or someone else there. If you don’t know them well, ask them for permission to post their pictures. They have every right–if they so desire–to take you to court over posting these pictures against their consent.

Get Representation With Non Stop Justice

Social media laws continue to evolve and the confusion around what’s legal and illegal is common. In this article we briefly covered some common situations such as impersonating another person, providing false information about yourself, and profiting off copyrighted content. But this is just a small sample of the many laws surrounding social media and the legal issues that people in every community may face.

When it comes to online and social media use, it’s best to proceed with caution. However, if you or a loved one have found themselves on the wrong side of the law, such as online solicitation or other cyber crimes, Montgomery county criminal defense attorney Andrea M. Kolski has the experience and skills to insure your rights are protected. She’s been fighting and winning in Texas tough criminal courts for over 22 years. Andrea’s record of success is second to none. Contact us today for a free case review.