Possession of Child Pornography Defense Lawyers in Texas
Contact Botsford & Roark to understand your potential legal options
Possession of child pornography in Texas is an incredibly serious sex crime, carrying severe penalties such as lengthy prison terms, hefty fines, and mandatory sex offender registration.
At Botsford & Roark, our child pornography attorneys have decades of experience defending the rights and futures of those facing such accusations in Austin, Travis County, and throughout Central Texas. Contact us for a confidential case evaluation, and get trustworthy information without any obligation to hire. Your future is worth protecting.
Understanding child pornography charges in Texas
In Texas, child pornography is defined as any visual material depicting a child under the age of 18 engaged in sexual conduct. This includes photographs, videos, and computer-generated images. To secure a conviction, the prosecution must prove three essential elements:
- The accused knowingly possessed or had access to the material
- The material depicts a child under 18 engaged in sexual conduct
- The accused was aware of what the visual material was depicting
Moreover, possession with the intent to promote child pornography is a more severe offense. If an offender is found with six identical visual depictions of children involved in sexual conduct, the charge can be reclassified as possession with intent to promote child pornography.
Penalties for child pornography in Texas
The state of Texas has implemented harsh penalties to deter offenders from engaging in child pornography-related activities. The penalties vary based on factors such as the offender's criminal history.
- Possession of child pornography
- Third degree felony
- 2-10 years in prison, up to $10,000 fine
- Possession of child pornography, 10-50 visual depictions of offending material or second conviction on this or a similar charge
- Second degree felony
- 2-20 years in prison, up to $10,000 fine
- Possession of 50 or more visual depictions, a videotape or film, or two or more convictions
- First degree felony
- 5-99 years in prison, up to $10,000 fine
- Possession by individuals in specific childcare-related occupations
- First degree felony
- 25-99 years in prison, up to $10,000 fine
Also, possession of material depicting a child younger than 10 years old is an aggravating factor that may increase the offense to the next highest category with a minimum of 15 years in jail if convicted.
Possession of child pornography legal defenses
Defending against child pornography charges requires a thorough and strategic approach. Botsford & Roark has a team of experienced lawyers who can employ various defense strategies to protect your rights, including:
- Mistaken identity. If you were wrongly identified as the perpetrator, we will work diligently to prove that you were misidentified.
- Lack of evidence. If the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt, we will highlight the weaknesses in their case.
- Alibi. If you can provide evidence that other people had access to where the offending material was kept, we may be able to use this to create doubt and build a strong defense.
- Expert witnesses. Our firm collaborates with experts in computer forensics and psychology to challenge the prosecution's evidence and present a compelling defense on your behalf.
Your future and freedom are worth protecting to the utmost
At Botsford & Roark, we have a proven track record of successfully defending clients against Texas sex crime charges. Our Austin-based child pornography defense lawyers are well-versed in the complexities of these cases, and we understand the potential devastation these charges can bring to your life. We believe that early involvement is crucial for building a strong defense. Contact us for a free case evaluation to learn more about the charges you are facing and your options for a strong defense. A member of our team is available to hear from you, day or night.