Houston Child Pornography Defense Lawyer

Understanding Child Pornography Laws & Offenses in Houston

Child pornography laws in Texas are defined under Section 43.26 of the Texas Penal Code. These laws cover the possession and promotion of visual materials depicting minors in sexual content. It is crucial to understand the seriousness of these charges and the nuances involved, as even unintended possession can lead to severe legal repercussions.

At Guy L. Womack & Associates, P.C., we leverage our in-depth understanding of these statutes to provide comprehensive defense strategies that address every aspect of the charges. Our approach is meticulous, focusing on identifying procedural errors or unjust actions that can be pivotal in court cases.

Contact our child pornography defense lawyer in Houston today by calling (713) 364-9913.

Defending Clients Facing Child Pornography Charges in TX

What is the promotion of child pornography? Possession or promotion of child pornography is covered under Section 43.26 of the Texas Penal Code. Under §43.26, a person is guilty of this offense when he or she knowingly or intentionally possesses visual material depicting a child under the age of 18 engaging in sexual conduct.

At Guy L. Womack & Associates, P.C., we understand that these charges can have a profound impact on your life, and we are committed to offering robust legal defense. Our experienced team works diligently to protect your rights and provide comprehensive representation tailored to your unique situation. We will utilize every available resource to navigate the complexities of your case while working toward a favorable outcome. Our approach aims to minimize negative repercussions to your personal and professional life.

Defining Sexual Conduct in Child Pornography

"Sexual conduct" refers to any means of sexual contact, whether actual or simulated sexual intercourse, deviate sexual conduct, or lewd exhibition of the child's sexual organs or any portion of the female breast. Additionally, "visual material" means any kind of film, photography, videotape, negative, slide, or video reproduction.

It's crucial to understand the difference between possessing such materials and being improperly accused. This is where a solid legal strategy comes into play, which is why having a knowledgeable defense team can be pivotal in disputing claims and challenging evidence. Our team is dedicated to thoroughly investigating all aspects of each case and providing a defense that is both informed and strategic.

Under this section, "promotion" means to do or offer to do any of the following:

Consequences of Possessing Child Pornography in Texas

The offense of possessing any type of film, photograph, videotape, negative, slide, or video reproduction of child pornography is a third-degree felony. The defendant is guilty of a second-degree felony when he or she knowingly or intentionally promotes or possesses with the intent of promoting child pornography.

Understanding the severity of these consequences can be daunting for anyone facing charges. Under Texas law, the impact extends beyond immediate legal penalties to personal and professional realms, potentially affecting future opportunities and freedoms. Our lawyers are equipped with the skill and determination needed to effectively challenge charges, mitigating the far-reaching effects that such allegations can have.

Penalties for Child Pornography Offenses in Texas

The penalties for each degree in Texas are as follows:

• Second Degree Felony Texas: 2 to 20 years in prison and up to $10,000 in fines
• Third Degree Felony Texas: 2 to 10 years in prison and a maximum $10,000 fine.

In addition to the above, anyone who is convicted of §43.26 (Possession or promotion of child pornography) is required to register as a sex offender for life, and anyone who fails to comply with a requirement under the state's sex offender registration program is guilty of a felony offense.

The lifelong implications of sex offender registration underscore the importance of a vigorous defense. This registration not only affects one's public record but can severely limit one's ability to find employment and housing and maintain social relationships. Our firm prioritizes protecting our clients from these lasting impacts, advocating for reduced charges or alternative sentencing where possible.

Navigating the Houston Legal System for Pornography Charges

Facing child pornography charges in Houston involves navigating a complex legal system that includes specific procedures and courts. It's essential to understand how local courts handle such cases, including the Downtown Criminal Justice Center and the Harris County Courthouse, which are primary venues where cases are heard. Judges and juries in Houston may have certain expectations or biases that knowledgeable local attorneys can address effectively.

Guy L. Womack & Associates, P.C. is well-versed in local judicial practices, ensuring that each case is presented in the most favorable light for the client. Our approach involves preparing detailed defense strategies, leveraging our understanding of local laws, and maintaining robust communication with court officials to advocate for our clients' best interests.

Common Defenses Against Child Pornography Charges in Houston

When charged with child pornography offenses, various defenses can be employed based on the specifics of the case. Key defenses may include lack of knowledge or intent, unlawful search and seizure, and challenges regarding the ownership of the materials in question. By employing these defenses, our team can significantly impact the outcome of the case.

Guy L. Womack & Associates, P.C. uses comprehensive investigatory techniques to uncover potential defense options. We meticulously examine digital evidence for signs of tampering or unauthorized access, ensuring every client's defense is thorough and leaves no stone unturned in pursuit of justice. We are committed to contesting inaccuracies in the prosecution's case, aiming to have charges reduced or dismissed completely.

Get Legal Help from Our Houston Child Pornography Defense Attorney

If you have been arrested for possessing or distributing child pornography, you are urged to contact a Houston pornography lawyer from Guy L. Womack & Associates, P.C. right away. Just because law enforcement found child pornography on your computer or in your possession, it doesn't mean that you had knowledge of its existence or that you committed a crime intentionally.

There are many valid defenses that may apply in your situation, so it is imperative that you take action to protect your rights and your future immediately by contacting our Houston child pornography attorneys at (713) 364-9913 for help.

Our legal team is committed to thoroughly examining all aspects of your case, identifying procedural errors or flaws in evidence collection that could work in your favor. We understand that time is of the essence, and we act quickly to prevent escalation and provide our clients with peace of mind, pursuing every possible opportunity to advocate for reduction or dismissal of charges.

Frequently Asked Questions

What Should I Do If I Am Arrested for Child Pornography Charges?

If you are arrested for child pornography charges in Texas, it is crucial to remain calm and exercise your right to remain silent until you have legal representation. Contacting a qualified attorney such as the team at Guy L. Womack & Associates, P.C. is an important first step. They will guide you through the legal process, helping you understand your rights and potential defenses. Refrain from discussing your case with law enforcement or on social media, as anything you say can be used against you in court.

Can Child Pornography Charges Be Expunged?

In Texas, expunging a criminal record, including child pornography charges, depends on specific circumstances. Generally, if charges are dismissed or the accused is acquitted, an expunction may be possible. However, for those convicted, options may be limited to seeking a pardon or filing a petition for non-disclosure, depending on the case details and if the offense qualifies under state law. Consulting with Guy L. Womack & Associates, P.C. will help explore your options for clearing your record.

How Does Local Law Enforcement Handle Child Pornography Investigations?

Houston's law enforcement agencies, including the Houston Police Department and the Harris County Sheriff's Office, take child pornography investigations very seriously. They typically involve specialized cyber units tasked with tracking and investigating digital crimes. Accused individuals might face search warrants of their digital devices and rigorous questioning. Legal counsel from Guy L. Womack & Associates, P.C. is indispensable in navigating these intense investigations, working to protect your rights and mitigate potential outcomes.

Contact our Houston child pornography defense lawyer today at (713) 364-9913 for a free case evaluation.