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Common Child Pornography Charges

July 27, 2021

According to federal law, child pornography involves the visual depiction of a legal minor (someone below the age of 18) engaging in sexually explicit conduct. 

Although facing any criminal charge is difficult, being convicted of a crime related to the possession or distribution of child sexual abuse imagery can be particulary devastating. Between a lengthy prison sentence, fines, and a lifetime of social stigma, the consequences of these crimes should convince you to do all you can to avoid conviction. 

Because child pornography crimes can be charged at either the state or federal level, you need the help of an experienced sex crime lawyer if you’re going to give yourself a shot at clearing your name. Chris Lewis & Associates P.C. is standing by to help you. 

Texas State Laws Regarding Child Pornography

Both the federal government and the state of Texas aggressively punish offenses related to child pornography, also called child sexual abuse material. If you find yourself under investigation, have been served with a warrant at your residence, or have been arrested, you have the right to speak to an attorney before answering certain questions from an agent. 

In the state of Texas, it’s illegal to have in your possession, produce, distribute to others, or attempt to view material related to legal minors engaging in sexually explicit conduct. 

Examples of these materials include pictures, videos, or other graphic representations. 

At the state level, two of the most common charges are:

  • Possession of Child Pornography – The Texas penal code outlaws the possession of child sexual abuse material. If convicted of possessing or viewing child pornography, you can be sentenced to between two and ten years in state prison, face a large fine, and be placed on a sexual offender registry. The punishment for a repeat offender is even higher. 
  • Promotion of Child Pornography – When you are found with more than six images of child sexual abuse material in your possession, you can be found guilty of possession with intent to promote. These serious charges can be punished by up to 20 years in prison for a first offense, and up to 99 years for a second charge. 

Possible Federal Charges 

Whenever a defendant uses the internet to download, distribute, or access images of child sexual abuse material, the federal government may have jurisdiction in their legal cases. Typically, federal child pornography charges are investigated by federal agencies, such as the FBI or Department of Homeland Security.  

Some of the most common federal charges related to child sexual abuse material include:

  • Possessing or Accessing with Intent to View – This charge can be leveled against you if you are found to have this material in your possession. The standard charge is capped at ten years; however, it can be escalated, depending on the amount of illicit material allegedly in your possession or the age of the minors depicted in the material. 
  • Receipt – Many cases of possession can also be charged as “receipt of” child sexual abuse material, which could tack on an additional sentence between five and forty years. 
  • Production, or Sexual Exploitation of a Child – Creating child sexual abuse material can lead to some of the most severe penalties. If convicted, you face a fifteen-year mandatory minimum sentence. 

The gravity of the consequences of being convicted of any one of the above crimes underscores the urgency with which you should act. 

Contact an Experienced Criminal Defense Lawyer

If you’ve been investigated or arrested for any charge related to child pornography/sexual abuse material, you need the help of a child porn attorney with federal criminal defense experience. At Chris Lewis & Associates P.C., we recognize that everyone has the right to the best legal defense possible, regardless of the charges they’re facing. 

Call us today at 214-665-6930 or fill out the form below to schedule a consultation.


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