Possession & Promotion of Pornography – Houston Defense Lawyers.

Possession and Promotion of Child Porn Houston Lawyers
  • Former Prosecutor.
  • Former Counsel for the Police Union.
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3200 Travis, 4th Floor Houston, TX 77006 office.3200

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Sex Crime Criminal Defense Lawyers – The Law – Possession of Child Pornography

Tex. Pen. Code 43.26 states:

(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, 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, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and
(2) the person knows that the material depicts the child as described by Subdivision (1).

Sex Crime Criminal Defense Lawyers – Statutory Definitions.

(b) In this section:
(3) “Visual material” means:
(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative or slide; or
(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

Sex Crime Criminal Defense Lawyers – Statutory Defenses.

(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.

Tex. Pen. Code 43.25(f) states:

(f) It is an affirmative defense to a prosecution under this section that:
(1) the defendant was the spouse of the child at the time of the offense;
(2) the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or
(3) the defendant is not more than two years older than the child.

Sex Crime Criminal Defense Lawyers – Punishment Ranges.

3rd Degree Felony (2 – 10 years in prison; up to $10,000 fine).

2nd Degree Felony (2 – 20 years in prison; up to $10,000 fine) – if one prior conviction for the same.

1st Degree Felony (5 – life in prison; up to $10,000 fine) – if two prior convictions for the same.

Sex Crime Criminal Defense Lawyers – Promotion of Child Pornography

Tex. Pen. Code 43.26 states:

(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and
(2) the person knows the material depicts the child as described by Subsection (a)(1).

Sex Crime Criminal Defense Lawyers – Statutory Presumption.

(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

Sex Crime Criminal Defense Lawyers – Statutory Defenses.

(h) It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer of a school administrator who:
(1) possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor);
(2) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and
(3) took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).

Sex Crime Criminal Defense Lawyers – Punishment Ranges.

2nd Degree Felony (2 – 20 years in prison; up to $10,000 fine).

1st Degree Felony (5 – life in prison; up to $10,000 fine) – previous conviction under this subsection.

Contact our sex crime criminal defense lawyers now!