Possession of Child Pornography

Anyone convicted of possessing, distributing, or sharing child pornography could face life-altering consequences in state prison. A charge of possession also introduces significant hurdles, such as the lasting impact of the arrest on one’s reputation and the requirement to register as a sex offender for life.

Possessing Child Pornography

Under Texas Penal Code Section 43.26, a person commits an offense if they knowingly or intentionally possess or access visual material depicting a child under 18 engaging in sexual conduct, including children who are victims of certain offenses. This may include:

• Possessing material depicting juveniles involved in sex acts
• Participating in the creation of pornography involving a child
• Transporting pornography from one place to another
• Promoting the sale of illegal material
• Selling or transferring ownership of child pornography to someone else

It is possible to face charges on both the State and federal levels.

Sexual Conduct Defined

“Sexual Conduct” is defined under section 43.25 of the Texas Penal Code as: sexual contact, sexual intercourse, deviate sexual intercourse (oral or anal sex), bestiality, sado-masochistic abuse, or lewd exhibition of the genitals, anus, or the female nipple.

Possessing Lewd Visual Material Depicting a Child

In recent years, Texas has adopted a lesser offense that is similar to possession of child pornography. Possessing lewd visual material depicting a child (Texas Penal Code Section 43.262) applies to material that is lewd sexual content involving a child under the age of 18, but it does not rise to the level of pornography.

This offense is also a state jail felony that can lead to as much as two years in jail for a first offense. Subsequent offenses can carry up to 20 years in prison.

One of the challenges of defending against this charge is the lack of guidance from the State on how it applies to teen sexting. As written, this law criminalizes a host of behaviors between teenagers that take place electronically. Our attorneys can help untangle these issues and work toward a sensible outcome.

Penalties for Possession of Child Pornography in Texas

The punishment for possession of child pornography varies based on the number of visual depictions.

• Possession of fewer than 10 depictions is a third-degree felony, with penalties of 2 to 10 years in prison and fines up to $10,000.
• For 10 but fewer than 50 depictions, it is a second-degree felony, carrying 2 to 20 years in prison and the same fine.
• Possession of 50 or more depictions is a first-degree felony, punishable by 5 to 99 years or life imprisonment.

Note: Enhanced penalties apply if the offender worked at a child-related facility, potentially resulting in life imprisonment or 25 to 99 years.

Talk to a Lawyer Today

If you have been accused of possessing child pornography or lewd material, now is the time to discuss your legal options with an attorney. These situations can feel hopeless, but the reality is that you could avoid a conviction entirely in some cases.

Let the team at Barton & Associates, Attorneys at Law, PLLC, help you determine the right approach for your defense strategy. Our attorneys know how important the outcome of your case is, and we will work tirelessly to protect your rights. Contact us as soon as possible to discuss your legal options with our team of experienced attorneys.