Houston Child Pornography Defense Attorney

Child Pornography Defense Lawyers Serving Houston

Child pornography offenses are serious crimes involving the production, distribution, or possession of sexually explicit materials involving minors. If you are facing child pornography allegations or charges, it is important to understand the potential penalties you may face and your options for defending against these accusations. At Bennett & Bennett, our team has handled numerous cases involving child pornography and other crimes against children. We understand the sensitive nature of these cases, and we strive to take a compassionate approach while helping our clients determine how to resolve these matters while protecting their reputations, relationships, and careers.

Texas Child Pornography Laws

In Texas, child pornography charges may apply in cases involving visual material such as photographs or videos depicting one or more children under the age of 18 engaging in sexual conduct. Note that the age of consent is 17, but images of people under 18 engaged in sexual conduct are still criminal. This conduct may include any form of sexual behavior, including actual or simulated sexual intercourse, sexual contact with other parties, masturbation, bondage, or the display of private parts. The specific charges will depend on several factors, including the amount of material possessed and whether it was distributed to others. Child pornography charges may include:

Possession of Child Pornography:

Possessing or intentionally accessing sexually explicit images or videos of children is generally charged as a third degree felony, and if convicted, a person may be sentenced to two to 10 years in prison. A second conviction for possession of child pornography is a second degree felony that is punishable by two to 20 years of imprisonment. A third conviction is a first degree felony with a minimum prison sentence of five years and a maximum of 99 years. Felony convictions may also result in up to $10,000 in fines.

Promotion or Distribution of Child Pornography:

This crime involves the distribution, sale, transmission, or sharing of child pornography with others. A person who is accused of distributing this type of material to one or more people, advertising child pornography, or offering to sell or transmit these materials may face more serious offenses than if they had been charged with possession of child pornography. Texas law states that if a person possesses at least six identical images or videos that are considered child pornography, it is presumed that they intend to promote the material. Promotion of child pornography is generally charged as a second degree felony, although a person who has previously been convicted of this offense will be charged with a first degree felony.

Sexual Performance by a Child:

This offense generally involves the creation of child pornography. It may apply if a person is accused of hiring, authorizing, or otherwise causing a child under the age of 18 to engage in a sexual performance that will be viewed by others, such as by taking photos or videos of the child as they engaged in sexual conduct. A child's parent or guardian may also be charged with this offense if they consent to the child's participation in a sexual performance. The offense of sexual performance by a child is generally charged as a third degree felony, although second degree felony charges may apply if the child was under the age of 14.

Additional Penalties of Child Pornography Charges

In addition to legal consequences such as imprisonment and fines, a conviction for an offense related to child pornography can have significant personal and societal ramifications. Even if a person is accused of this type of offense but is never convicted, their life may be impacted in many ways, including:

• Destruction of reputation: Accusations of child pornography offenses can tarnish a person's reputation both personally and professionally. This can affect their personal relationships, employment opportunities, and more.
• Familial impact: Claims that a person has engaged in child exploitation or possessed material indicating that they are sexually attracted to children can cause harm to family relationships and lead to emotional trauma among loved ones. This can not only result in long-lasting mental health issues, but it may affect a person's child custody and visitation rights.
• Lifetime registration as a sex offender: Following a conviction for child pornography charges, registration as a sex offender becomes mandatory. This requirement can significantly restrict the personal freedom of an alleged offender, and even after completing a prison sentence, they may face limitations on where they can live or the types of employers they can work for.
  

The Importance of Legal Representation

If you are facing charges related to child pornography in Houston, Texas, it is crucial to seek legal representation immediately. At Bennett & Bennett, our experienced attorneys can assess your case's unique circumstances and provide compassionate guidance as you defend against the charges. With our comprehensive understanding of the intricacies of child pornography laws in Texas, we can help you determine what types of defenses may be available, such as showing that you did not know about the materials that you allegedly possessed, that you did not know that materials depicted minors, or that you did not intend to distribute materials to others.

Contact a Skilled Houston Child Pornography Defense Attorney

If you or someone you know is facing child pornography charges in Houston, do not delay in seeking legal counsel. At Bennett & Bennett, we have experience defending individuals accused of various sex crimes, including child pornography offenses and other crimes involving children. Our dedicated team understands the importance of mounting an effective defense while providing compassionate support in these challenging circumstances. To schedule a confidential consultation and discuss your case further, contact us at 713-224-1747.