Possession of Child Pornography

Child pornography is a serious criminal offense in the State of Texas and in the eyes of the federal government. Whether the person “accused” (accused) is guilty or not takes a backseat to the pursuit of a conviction in most cases.

These type criminal charges are relentlessly pursued by prosecutors on the basis that being in possession of a pornographic image depicting a child implies that the defendant is a sexual predator, may become one in the future, and/or poses a threat to children.

Need a Lawyer for a Child Pornography Case?

Attorney Mark W. Bennett is well known for successfully defending the rights of people who were mistakenly charged with Possession of Child Pornography, had their free speech rights violated, or were guilty as charged. To contact our legal team call us directly at 713-224-1747.

Child Pornography & Texas Law

Texas law is clear in its definition of the crime of Possession of Child Pornography.

If a person knowingly or intentionally possesses any form of media depicting a person under 18 (who was under the age of 18 at the time the image/media was made) and knows the media contains imagery depicting a “minor” engaged in sexual conduct or a sexual act, the crime of possession of child pornography has occurred.

If you’re facing criminal charges related to the possession of sexual explicit images of children don’t assume that all hope is lost, and that you don’t have a dog in the fight. Although criminal charges related to “kiddie porn” can be embarrassing and tough to deal with, false allegations happen, and mistakes are made.

The penalties for persons convicted in connection with such crimes will involve prison time, but this doesn’t have to be your fate. Attorney Mark W. Bennett will be honest with you about your options.

Call our office at 713-224-1747 if you have any questions.

Criminal Penalties for Child Pornography Possession

Defendants convicted of the possession of sexually explicit images of minors will face penalization under Texas’ 3rd Degree Felony guidelines. If found guilty, the defendant will be liable to serve a sentence ranging 2-10 years in a state correctional facility, per offense.

Per Offense?

Yes, each item of media that can be defined as “child porn” can and will likely be charged as separate offenses. If convicted, there’s no guarantee the court will allow the convicted to serve out multiple sentences concurrently. In other words, if defendant was found to be possession of 20 images depicting juveniles in a pornographic light, their real prison term could range between 40-200 years.

Bennett & Bennett has represented people accused of sex crimes for a number of different reasons by people with varying motives for making the allegations. If you think you’ll need our help you’re welcome to contact our legal team.

Defending Your Rights

Oftentimes, police agencies and their agents violate the 4th Amendment rights of the accused by remotely monitoring online transactions and data transfers for the purpose of identifying the known digital hash values of images known to the National Center for Mission & Exploited Children as being child pornographic in nature. All without a warrant.

This methodology leads to warrants being obtained, and people being arrested and charged with a sex crime for images they have intentionally obtained, but may not have been aware they had or were receiving. An example of this can be hidden file embeds.

Depending on the history the offender, and if it can be proven that their “lack of knowledge” of the nature of the content on their computer is plausible, with a good attorney, prosecutors will find it best to dismiss the charge.

The stakes are raised for defendants with a sex crime on their record, who were wrongfully arrested for possession of child pornography, but were, nevertheless, in possession of it.

For example, if a person had an old charge for prostitution, a misdemeanor sex crime, on their criminal record, then prosecutors will see the defendant as a, now experienced, sex criminal. Meaning that, regardless of your “intent” to possess images/video that “you didn’t know” contained imagery that could be considered as child pornography, prosecutors may not relent even if we demonstrate a “lack of intent” to possess that particular content.

Charged With Possession of Child Pornography?

Contact Houston Criminal-Defense Attorney Mark Bennett

Since 1995 Attorney Mark Bennett has represented the rights of the accused and has developed a reputation for excellence that our firm has enjoyed ever since. If you’re in search of a seasoned criminal-defense lawyer with the skills to handle complex cases like these, contact our legal team at 713-224-1747.

Houston Lawyer for Possession of Child Pornography Cases

Bennett & Bennett