What Happens If You’re Charged With Possession of Child Pornography in Texas?

Twelve years in prison. That’s the average sentence for people found guilty of possessing child pornography in the U.S. according to the U.S. Sentencing Commission. In Texas, these charges can be stacked, which means much longer time behind bars than the average sentence in the U.S. For anyone facing possession of child pornography charges, hiring an experienced criminal defense attorney can mean the difference between freedom and a life behind bars.

So, what happens if you’re charged with possession of child pornography in Texas? The state imposes some of the nation’s strictest laws on child pornography, with significant legal consequences.

However serious the charges, few cases are black and white. There are nuances to the law and defining what constitutes illegal intent and activity. In this article, we’lltaking a closer look into Texas child pornography laws, exploring the legal definitions, penalties, and possible defense options.

Understanding Texas Child Pornography Laws

Texas has strict laws on child pornography, addressing various aspects of possession, distribution, and production. The laws lay out clear definitions and rules for handling such cases.

Here are three main elements to consider:

• How Texas law defines child pornography
• What counts as “possession” under Texas statutes
• How state law differs from federal regulations on child pornography

How Texas Law Defines Child Pornography

Texas law defines child pornography as any material, whether photos, videos, or digital images, depicting minors in sexual conduct. The definition covers not only intentional productions but also any content that visually depicts minors in an inappropriate or explicit manner. The law also addresses instances where images are modified or altered to make it appear that a minor is involved, even if no actual minor was used in the creation.

What Counts as Possession Under Texas Statutes

Possession in Texas means having control over illegal content. It doesn’t matter whether it’s stored on a personal device, in cloud storage, or on a social media account.

Prosecutors only need to prove that the accused had knowledge of the material’s presence and the ability to control it. This aspect is crucial, as accidental downloads or unintended access may complicate some cases.

How State Law Differs from Federal Regulations

While federal laws also criminalize child pornography, Texas law can sometimes be more specific in its definitions and penalties. In some cases, state laws may impose harsher penalties or pursue charges differently than federal authorities. The overlap can add complexity, as both state and federal agencies may be involved in cases of child pornography possession or distribution.

Legal Definition of Possession of Child Pornography

The term “possession” has specific meanings under Texas law when it comes to child pornography cases. In legal terms, possession means having control over the illegal material, whether it’s saved on a computer, phone, or other device.

For a charge to hold, the prosecution must show that the accused knew about the content and had the ability to control or manage it. The requirement means that merely having content appear on a device without knowledge of it could present a possible defense.

Possession can be either physical or digital. Physical possession includes printed materials or tangible copies, while digital possession refers to files saved on computers, tablets, cloud storage, or any online accounts. Texas law treats both forms seriously, without significant distinction between them in terms of the charges or penalties.

It’s also important to recognize that Texas law doesn’t require active involvement in creating or distributing content for a possession charge to apply. Simply storing or knowing about illegal material can be included in Texas child pornography offenses.

Defending Against Child Pornography Charges in Texas

Facing child pornography charges in Texas is serious, and building a defense requires examining the details of the case carefully. While every case is unique, there are three primary defenses that attorneys often consider:

• Lack of knowledge
• Unintentional possession
• Insufficient evidence

Lack of Knowledge

One defense strategy is to show that the defendant had no knowledge of the illegal material’s presence. The approach is used when someone claims they were unaware of the content on their device.

For example, in situations where someone else accessed or used their computer or phone, an attorney might argue that the defendant did not know the material existed. It can be a challenging defense to prove but may be relevant if the accused genuinely had no control over or awareness of the content.

Unintentional Possession

Another defense is proving unintentional possession, often referred to as “accidental” possession. In some cases, people may unknowingly download illegal content. It can happen through misleading downloads, spam emails, or even malware.

In these cases, a defense lawyer might show that the defendant did not intend to download or keep illegal content, arguing that they removed or attempted to delete it once discovered. It requires clear evidence that the possession was unintentional.

Insufficient Evidence

Finally, a lack of sufficient evidence can sometimes serve as a defense. If the prosecution cannot establish a direct link between the defendant and the illegal content, the defense can argue that the evidence doesn’t meet the burden of proof required for a conviction.

Key Considerations and Rights for Those Charged

When facing child pornography charges in Texas, there are important legal rights and considerations to understand. First, individuals have the right to legal representation, which can be critical given the complexity and severity of these cases.

A defense attorney can help ensure that the accused person’s rights are protected at every stage, from questioning to court proceedings.

Privacy concerns often arise in these cases, as investigations may involve examining personal devices, accounts, and even private data. The law provides certain protections against unlawful search and seizure, meaning that authorities must have valid grounds to access personal information.

If these procedures are not followed correctly, it may lead to certain evidence being excluded from the case. Knowing these rights helps individuals protect their privacy and ensures that any investigation remains within legal bounds.

In cases involving federal and state laws, jurisdictional issues can also play a role. Both state and federal authorities may have involvement, especially if the offense crosses state lines or involves interstate activity.

Defending Child Pornography Charges

Facing charges of possession of child pornography in Texas carries severe legal and personal consequences.

Nonstopjustice PLLC is led by Andrea M. Kolski, a former prosecutor and experienced criminal defense attorney with over 25 years of trial experience. Andrea and her team are among the most experienced criminal defense attorneys in Montgomery and throughout Texas. Our team is committed to securing the best outcomes for clients facing DWI, assault, drug charges, and more. We’re relentless in defending your freedom and future.

If you or a loved one are facing legal trouble, there is hope. Get in touch today to find out how we can help with your case.