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  • Texas Child Pornography Defense Attorney

Aggressive Dallas child pornography defense attorney

Any crime involving minors is completely unacceptable, and it’s for good reason that Texas judges, juries, and prosecutors do not go easy in child pornography cases. But in the cases when child pornography charges have been made incorrectly, these hard-hitting child pornography laws and tactics can unnecessarily ruin someone’s life.

Hiring a specialized child pornography attorney is your best defense against such accusations. Although difficult, effective child pornography defense is possible. Get the facts, and contact The Wilder Firm to schedule your free consultation.

Texas child pornography laws

Texas child pornography laws are tough, but they’re also simple: it is illegal to possess and/or distribute child pornography. However, possession and distribution are separate offenses and come with their own penalties and definitions. Understanding these specific charges is important to crafting the right defense.

Possession of child pornography:

In Texas, possession of child pornography is defined in Texas Penal Code 43.26 as “knowingly or intentionally possessing visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.” This definition applies whether you are charged with seeking out or receiving child pornography from a 3rd party.

Possession of child pornography is considered a 3rd-degree felony, punishable by 2-10 years in prison and a maximum fine of $10,000. If the child in question was under 14 years of age at the time of recording, the charges are upgraded to a 2nd-degree felony.

You will also be subject to Texas Sex Offender Registration for the rest of your life.

Distribution of child pornography:

If there is evidence that you intended to or attempted to distribute child pornography, your charges can be upgraded to a 2nd-degree felony punishable by a 2-20 year prison sentence and a maximum fine of $10,000.

Dallas,Texas Child Pornography Defense

Effective child pornography defense requires mastery of detail in Texas pornography laws. For example, the definition of “sexual conduct” is relevant to both possession and distribution of child pornography. As stated in Texas Penal Code 43.25(a)(2), sexual conduct is defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.”

The following are some of the methods used in child pornography defense.

Proving age

Child pornography defense often centers around two key factors of Texas pornography laws: verifying the age of the victim(s), and casting doubt on the intent or knowledge of the accused. In order to successfully convict someone of a child pornography offense, the prosecution must first convince the jury that the people featured are in fact under the age of 18. Section 43.25(g) of the Texas Penal Code specifically allows both child pornography defense attorneys and prosecutors to use the following methods for establishing the victim’s age:

  • Personal inspection of the child (if available)
  • Inspection of the pornography in question
  • Testimony by either a direct witness or by someone close to the child
  • Expert medical testimony

While jurors are supposed to render a “Not Guilty” verdict if it cannot be established beyond a reasonable doubt that the person in the pornography is under the age of 18, the sensitivity of the charges makes this tactic extremely delicate and requires a truly skillful child pornography defense attorney to execute properly.

Proving Intent

Convicting someone of a child pornography crime also requires the prosecution to prove, beyond reasonable doubt, that the accused knowingly possessed or distributed child pornography. There are a number of factors that both prosecutors and child pornography defense attorneys rely on to make their case, including:

 

Proving that the accused didn’t know the victim was actually under age:

If evidence is found that the victim lied about their age, that could disprove intent.

Determining the volume of child pornography possessed by the accused:

A suspicious online search or image in your email is one thing; having thousands of videos and images hidden in your home or computer is another. If there is no evidence that the accused is a habitual consumer of child porngraphy, that could be used to cast doubt on the prosecution’s claims.

Analyzing online behavior

In Texas, child pornography appearing in your temporary cache can qualify as possession of child pornography. However, this standard is not necessarily air tight. Both the defense and the prosecution can analyze how you interacted with the alleged child pornography, including whether or not you zoomed in on the images, copied them to another location, purposefully deleted them from your cache, or sent them to a third party.

Don’t lose your life to accusations — Contact The Wilder Firm for Dallas’ most skilled child pornography defense

Even being accused of a child pornography crime can cause irreparable damage to your life and reputation. That’s why it’s so vital that you take charge of your case early with a battle-proven child pornography defense attorney.

With decades of experience as both a prosecutor and a defense attorney, Doug Wilder knows the ins and outs of the Texas legal system and uses that expertise to craft the strongest possible defense for each of his clients. When you work with The Wilder Firm, you can trust that your case will be handled with the respect and sensitivity it deserves.

Take the first step to regaining your freedom and contact us today, schedule your free consultation now, or call  214-273-6894 day or night.

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