Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
By R. Scott Magee, Attorney at Law
March 29, 2024
Child pornography is a serious offense that carries severe penalties in the state of Texas. It involves the exploitation and abuse of children, which is why law enforcement takes these crimes very seriously.
However, there is often confusion regarding whether simply viewing child pornography is considered the same as possessing it. Below is some information regarding the different charges and penalties for viewing and possessing child pornography in Texas and why it is crucial to contact a Williamson County, TX, criminal defense attorney if you are facing these charges.
Never wait to seek defense help if you are arrested for child pornography in Texas.
Before we discuss the charges and penalties for viewing and possessing child pornography, you should understand what constitutes child pornography in the eyes of the law. Child pornography is any visual representation, such as photographs, videos, or digital media, that depicts sexual conduct involving a person under the age of 18. This includes explicit images or videos that portray minors engaging in sexual activities.
While viewing child pornography may not involve physically possessing the material, it is still a criminal offense in Texas. The law recognizes the harmful effects that viewing child pornography can have on victims and society as a whole.
In Texas, the offense of viewing child pornography is a felony. The severity of the charge can depend on various factors, including the number of images viewed, the age of the depicted children, and any previous convictions. If convicted, you may face significant penalties, such as imprisonment, fines, mandatory counseling, and registration as a sex offender. It is crucial to understand that even a single instance of viewing child pornography can result in severe consequences.
Possessing child pornography is a more serious offense in Texas and carries harsher penalties than viewing alone. Possession is not limited to physical material; it also includes digital files stored on a computer, handheld device, or other forms of media.
Under Texas law, possession of child pornography is also a felony. The penalties can range from imprisonment to substantial fines, mandatory counseling, and sex offender registration. The severity of the charges may depend on factors such as the amount of material possessed, the nature of the material, and any prior convictions.
Prosecutors may also consider additional charges related to the distribution, production, or promotion of child pornography if they believe there is evidence to support these allegations. These charges can result in even more severe penalties and consequences.
When facing charges related to child pornography – whether viewing or possessing – you must immediately have the representation of a skilled criminal defense lawyer. A Texas criminal defense lawyer who has handled child pornography cases can lead you through the criminal justice system and build a strong defense against your charges.
An experienced attorney will thoroughly review the evidence and the circumstances surrounding your case to identify any potential constitutional violations or flaws in the prosecution’s case. They will advocate for your rights, negotiate with prosecutors on your behalf, and pursue the best possible outcome for your situation.
In some cases, a defense attorney might get your charges reduced. For example, if you are accused of possessing pornography when you were only viewing it, your lawyer can present evidence that you never possessed any files or depictions of your own. This might lead to lesser charges and penalties. This is only one instance of how a defense attorney might help.
Additionally, a criminal defense lawyer can assess whether alternative sentencing options, such as diversion programs or probation, may be available to you. They will work diligently to protect your reputation, your rights, and your future.
If you are facing charges related to child pornography in Williamson County, TX, contact a skilled criminal defense attorney right away. Scott Magee, Attorney At Law PPC is a trusted and experienced criminal defense firm that takes on child pornography cases without judgment.
Don’t face these serious charges alone. Contact Scott Magee, Attorney At Law PPC to schedule a confidential consultation. Their dedicated legal team will fight tirelessly to protect your rights and provide you with the strongest defense possible.
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.