Possession of child pornography is a felony in the state of Texas. It is illegal to possess, distribute, or produce any form of pornographic material that depicts children. If convicted of possession of child pornography, the defendant will face stiff penalties and will have to register as a sex offender for life.
If you or a loved one is facing a charge related to child pornography, there’s a real risk of being sentenced to prison time and being forced to pay expensive fines if convicted. If you’re to have any chance of beating the Brazoria County District Attorney’s Office attempt to prosecute you for the possession of child pornography, you’ll need skilled legal representation.
Attorney Sandra Oballe is one of Brazoria County’s best criminal defense attorneys and she is ready to help you with your case. A consultation with an experienced attorney is only a phone call away. To reach the Law Office of Sandra J. Oballe, call our Angleton, TX law office at 713-524-6656.
Child Pornography & Texas Law
Texas law defines child pornography as “the use, promotion or exploitation of children under the age of 18 for sexual performance, employment or conduct involving sexual acts or depictions of acts that may be deemed of a sexual nature.”
It is illegal for anyone in Texas to promote, create or distribute materials that demonstrate any of these illicit acts by visual representation of any means. If you are charged with any child pornography related crime you may also face federal charges.
Anyone convicted of a federal sex or child pornography crime is required to register as a sex offender. In the state of Texas, there are over 50,000 registered sex offenders. Currently, child pornography is a $3 billion a year industry that continues to rise.
- Anyone who knowingly produces any material that contains a sexual performance of someone under 18 can be charged with a third-degree felony.
- If the child is under the age of 14 than the charge will be elevated to a second-degree felony. If an individual intentionally possesses any child pornography they will face a third-degree felony.
- If a person has more than six identical visual depictions of the same pornographic material, then they can be charged with intent to distribute.
- It is also illegal for a parent or guardian to consent to any sexual act involving a child.
Associated Criminal Penalties
The severity of the criminal charges associated with a child pornography related offense depends on a few factors. If a person is charged with possession of child pornography or aided in the production of such, they can be charged with a third-degree felony.
If convicted of a third-degree felony in the state of Texas, a person will face 2 to ten years in prison and up to a $10,000 fine.
The criminal classification for a child pornography related offense can be enhanced to a second-degree felony in some situations. If someone employs a child under the age of 18 to commit a sexual act, they can be charged with a second-degree felony. If a person produces, directs or promotes a pornographic production involving a minor under fourteen, their charge and criminal classification will be more severe. A person caught with multiple visual depictions of pornographic material depicting children will qualify under the law to be charged with “intent to distribute child pornography” which falls under the second-degree felony classification.
A second degree felony conviction carries a prison sentence of two to twenty years and up to a $10,000 fine.
If a person is arrested for employing a child under fourteen years of age for a pornographic production, they can be charged with a felony of the first degree. If convicted of a first degree felony a person can face 5 to 99 years in prison and up to a $10,000 fine. If a person is convicted a second time for possession of child pornography, they can be sentenced up to forty years in federal prison.
Facing Child Pornography Charges in Brazoria?
Attorney Sandra J. Oballe, Defense Lawyer, Can Help You
When facing criminal charges that carry stiff penalties, it is essential to have an experienced attorney fighting by your side. Attorney Sandra Oballe has helped many people fight all types of criminal charges including sex crimes. As with all of our other clients, the Law Office of Sandra J. Oballe will provide an effective legal defense to help you achieve the best outcome possible.
Whenever a person is charged with a felony, especially a child pornography-related offense, it is important to have your case reviewed by an experienced lawyer.
Attorney Sandra Oballe will sit down with you and tell you what she can do with your case and will be honest with you about the potential outcomes. If we can win it, we’ll let you know. If we think it will be a challenge, we’ll review all the options with you.
To schedule your one-on-one consultation and free case evaluation, call the Law Office of Sandra J. Oballe at 713-524-6656.
