Possession of child pornography, or child sexual abuse material as it is now known, is a serious crime that carries severe penalties under Texas law. If you find yourself facing these charges in Williamson County, Texas, it is important to seek the help of a skilled Williamson County criminal defense lawyer who has experience in handling such cases.

Why You Need Defense Representation

Convictions for this crime can lead to significant consequences, including imprisonment, fines, mandatory registration as a sex offender, and a ruined reputation. Without proper legal representation, navigating the intricacies of the legal system and mounting a strong defense can be overwhelming and nearly impossible.

Understanding the Law

In Williamson County, Texas, the law governing possession of child pornography is outlined in the Texas Penal Code, specifically Chapter 43. According to this code, it is a crime to knowingly possess or access visual material depicting a child under the age of 18 engaging in sexual conduct.

“Possession” includes physical possession, control, or access through electronic or digital media. It is important to note that even unintentional possession can still lead to criminal charges. The law takes a strong stance against child pornography to protect the well-being of minors and ensure their safety.

Defending Against Child Pornography Charges

Here are some key defense strategies often employed in child pornography cases:

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you knowingly possessed child pornography. A skilled criminal defense attorney will thoroughly examine the evidence against you and look for any weaknesses or inconsistencies that can challenge the credibility of the prosecution’s case.

Illegal Search and Seizure

Law enforcement must follow strict protocols when conducting searches and seizures. If there were any violations of your constitutional rights during the investigation or arrest, such as an illegal search or seizure, it may be possible to have the evidence suppressed or the charges dropped.

Lack of Intent

Proving intent is crucial in child pornography cases. Your attorney may argue that you had no knowledge of the presence of child pornography on your device or that someone else had access to your device without your consent.

Entrapment

Sometimes, law enforcement agents may employ entrapment techniques to catch individuals involved in possessing child pornography. If you can demonstrate that you were coerced or persuaded by law enforcement into committing the offense, it can serve as your defense.

Possible Consequences

If convicted of possessing child pornography in Williamson County, Texas, you could face severe penalties. The exact punishment depends on the circumstances of the case, including the number of images or videos involved and whether you have a prior criminal record. Potential consequences may include:

• Lengthy imprisonment
• Substantial fines
• Mandatory registration as a sex offender
• Loss of certain civil rights
• Damage to personal and professional reputation
• Difficulty finding employment or housing

Possession of Child Pornography FAQs

Can I be charged for unintentional possession of child pornography?

Yes, even unintentional possession of child pornography can lead to criminal charges.

What are the aggravating factors that can increase the severity of child pornography charges?

Aggravating factors can include the production, distribution, or sale of child pornography, possession of a large amount of explicit material, involvement in a criminal organization, or cases involving children under the age of six.

Will I be required to register as a sex offender?

If convicted of possessing child pornography, you may be required to register as a sex offender, depending on the specific circumstances of the case.

Are there minimum sentencing requirements for child pornography charges?

Yes, Texas law mandates a minimum sentence of two years for possession of child pornography. This means that if convicted, you can expect to receive at least two years of imprisonment.

Williamson County Child Pornography Defense Lawyer

When facing child pornography charges in Williamson County, Texas, the importance of skilled legal representation cannot be overstated. Scott Magee, Attorney At Law, is your ally in navigating the legal system and mounting an effective defense against these serious charges. If you or someone you know is facing child pornography charges, don’t hesitate to reach out to a Williamson County child pornography defense lawyer. To set up your free legal consultation and case review, contact our offices as soon as possible.