Possession & Promotion of Pornography – Houston Defense Lawyers.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][vc_single_image image=”8359″ img_size=”full” onclick=”custom_link” link=”samadamolaw.vaultwebsites.com”][vc_row_inner][vc_column_inner][gap height=”20″][vc_column_text]- Former Prosecutor.
- Former Counsel for the Police Union.
- Board Certified Criminal Law Specialist.
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
- ⭐️⭐️⭐️⭐️⭐️Rating on Google, Yelp, and Avvo.
- NATIONALLY RECOGNIZED CRIMINAL DEFENSE LAWYERS.
Contact our criminal defense firm now to make an appointment.
(713) 568-7011
[/vc_column_text]3200 Travis, 4th Floor Houston, TX 77006
[/vc_column_text][gap height=”20″][vc_column_text css=”.vc_custom_1453229009706{border-top-width: 1px !important;border-right-width: 1px !important;border-bottom-width: 1px !important;border-left-width: 1px !important;border-left-color: #000000 !important;border-left-style: solid !important;border-right-color: #000000 !important;border-right-style: solid !important;border-top-color: #000000 !important;border-top-style: solid !important;border-bottom-color: #000000 !important;border-bottom-style: solid !important;}”] [/vc_column_text][vc_single_image image=”2023″ img_size=”medium” onclick=”custom_link” link=”http://http://www.bbb.org/houston/business-reviews/attorneys-and-lawyers-criminal/adamo-and-adamo-in-houston-tx-22005163/”][/vc_column][vc_column width=”2/3″][vc_column_text]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.
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