Child pornography is a serious and sensitive topic that raises many questions and concerns. The possession, distribution, or production of child pornography is a crime, and the consequences can be severe. 

Below is some information regarding the legal definition of child pornography, the penalties associated with it, and the importance of seeking legal representation from a Williamson County criminal defense lawyer if you are facing child pornography charges.

Understanding the Legal Definition

Texas Penal Code § 43.26 (Possession or Promotion of Child Pornography) defines child pornography as any visual material that depicts a minor engaging in sexual conduct. Sexual conduct includes intercourse, deviate sexual acts, any type of sexual contact, and more. The term “minor” refers to anyone under the age of 18, regardless of whether the minor has been emancipated. To be charged, the person in possession of the child pornography must be aware that the material depicts a minor and they must knowingly be in possession of the material.

The law prohibits not only the production and distribution of child pornography but also the mere possession of it. If you are found to be in possession of explicit images or videos involving a minor, this is considered the crime of possession or promotion of child porn.

The Penalties for Child Pornography

Child pornography is a serious crime that carries severe penalties in the state of Texas. If you are convicted of possessing or distributing child pornography, you could face imprisonment, hefty fines, and the lifelong stigma of being a sex offender.

The severity of the penalties depends on various factors, including the number of images/videos involved, the age of the minor depicted, and the intention behind the possession or distribution. Additionally, if the individual involved in the production, distribution, or possession of child pornography has a prior criminal history, the penalties may be enhanced.

Why You Need a Criminal Defense Attorney

If you are facing charges related to child pornography, it is crucial to seek a Williamson County criminal defense lawyer who handles sex crime defense. A skilled and experienced legal advocate can help protect your rights and build a strong defense strategy tailored to your specific case.

• Protecting Your Rights: A criminal defense lawyer will ensure that your rights are upheld throughout the legal process. They will examine every aspect of your case to identify any violations or constitutional issues that could be used in your defense.
• Thorough Investigation: Your lawyer will conduct a thorough investigation to gather evidence, interview witnesses, and analyze the prosecution’s case against you. They will challenge any weak evidence or discrepancies to strengthen your defense.
• Building a Defense Strategy: Based on the facts of your case, a knowledgeable attorney will develop a solid defense strategy aimed at securing the best possible outcome for you. They may challenge the legality of the search or seizure that led to the discovery of the alleged child pornography or explore other avenues to cast doubt on the prosecution’s case.
• Negotiating Plea Bargains: In some cases, negotiating a plea bargain may be an option. Your lawyer can evaluate the strength of the evidence against you and negotiate with the prosecution to potentially reduce the charges or penalties you face.
• Courtroom Representation: If your case goes to trial, your defense lawyer will advocate for your rights in court. They will present a compelling case, cross-examine witnesses, and challenge the prosecution’s evidence to defend your innocence.
• Understanding the Legal System: Navigating the legal system can be overwhelming, especially in cases as sensitive as child pornography. An experienced attorney will guide you through the process, explaining the legal issues, potential outcomes, and advising you on the best course of action.

Need a Williamson County Criminal Defense Lawyer?

When facing charges related to child pornography, you must have a trusted defense team in your corner. Scott Magee, Attorney At Law, is a leading Williamson County criminal defense lawyer with extensive experience defending clients against a range of criminal charges, including those related to child pornography. 

Our team is dedicated to providing trusted legal guidance and practical solutions for individuals in Williamson County, Texas, who are seeking assistance with criminal defense matters. To schedule a no-cost case review and legal consultation, contact us today.