Conroe Child Pornography Lawyers

Charges for Child Pornography in Montgomery County

In the 21st century, technology is an ever-present factor in many people's lives. Most people carry smartphones that can allow them to easily create and share photographs and videos. Due to the constant nature of online communications, it is inevitable that people will encounter material of a sexual nature. However, when this material depicts minors, a person could face criminal charges related to child pornography. This is a serious sex crime that can result in multiple types of severe penalties, including prison time, fines, and mandatory sex offender registration. Those who have been accused of offenses involving the possession or distribution of child pornography will need to determine the best steps to take to defend themselves and protect their reputation and their freedom.

At Pullan & Young, our sex crime defense lawyers understand the serious nature of child pornography charges, and we can help those who are involved in these cases understand how to protect their rights. We believe that everyone should be treated fairly by the criminal justice system, regardless of the nature of the offenses they have been accused of committing. We work to help our clients build successful defense strategies that will allow them to resolve their cases effectively and move forward with their lives.

Charges Related to Child Pornography in Texas

The Texas Penal Code defines child pornography as visual material that depicts a minor under the age of 18 who was engaging in sexual conduct at the time the material was created. Sexual conduct may include any forms of actual or simulated sexual intercourse, as well as other forms of sexual contact or depictions of a minor's private parts, including the genitals, anus, or the female breast. Visual depictions may include photographs or videos, including printed photos, films, videotapes, or digital images or videos that may be displayed on a screen and transmitted over the internet or otherwise transferred to other devices.

Possession of child pornography is usually charged as a third degree felony, which carries a sentence of between two and 10 years in prison. If a person is accused of promoting child pornography, which may include distributing, selling, exhibiting, or advertising these materials, they may be charged with a second degree felony, and if they are convicted, they may be sentenced to two to 20 years in prison. Notably, if a person allegedly possessed six or more identical visual depictions that are considered child pornography, their intent to promote child pornography will be presumed. A person convicted of a felony offense may also be subject to a maximum fine of $10,000.

More serious charges may apply if a person is accused of creating or producing child pornography. This offense is known as "sexual performance by a child," and it may apply if someone encourages or induces a minor to engage in sexual conduct that will be exhibited to others, such as by taking photos or recording videos. A child's parent may be charged with this offense if they consented to allow their child to participate in a sexual performance, even if they were not directly involved in the creation of visual materials. Offenses related to the creation of child pornography will usually be charged as second degree felonies. However, if a child was below the age of 14 at the time of a sexual performance, first degree felony charges may apply, and a person who is convicted may be sentenced to between five and 99 years in prison.

In some cases, minors may face criminal charges related to the possession or distribution of material that could be considered child pornography. If a child possesses photos or videos of a minor engaging in sexual conduct that were created by themselves or another minor, or if they shared these materials with others, they could be charged with the offense of "electronic transmission of visual material depicting a minor." This offense is usually charged as a Class C misdemeanor, and a minor who is convicted may face a maximum fine of $500. However, if materials were shared with others with the intention of harassing, annoying, or embarrassing someone, a person may be charged with a Class B misdemeanor, which could result in a jail sentence of six months and a maximum $2,000 fine. Children accused of this offense may be able to defend against criminal charges by showing that the material in question was only shared between two minors in a dating relationship, as long as one person was no more than two years older than the other.

Contact Our Conroe, TX Child Pornography Attorneys

Child pornography charges can have severe consequences for the accused. If you are facing charges related to the possession or distribution of material that may be considered child pornography, it is crucial to get legal help from a skilled defense attorney. At Pullan & Young, we will fight for your rights, advise you on how you can defend against criminal charges, and help you minimize the damage to your reputation. Contact us at 936-647-1540 to set up a complimentary consultation and learn how we can assist you in your legal defense.