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Child Pornography Charges

Federal Sex Crime Defense Lawyer

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.

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

  • Procure
  • Manufacture
  • Sell
  • Issue
  • Give away
  • Provide
  • Lend
  • Mail
  • Transfer
  • Publish
  • Distribute
  • Disseminate
  • Present
  • Exhibit
  • Advertise

"Sexual conduct" refers to any means of sexual contact whether actual or simulated sexual intercourse, deviate sexual conduct, and lewd exhibition of the child's sexual organs or any portion of the female breast.

"Visual material" means any kind of the following:

  • Film
  • Photography
  • Videotape
  • Negative
  • Slide
  • Any photographic reproduction

It can also be any disk, diskette, or other medium which allows an image to be displayed on a computer, video screen etc.

Penalties for Child Pornography Charges

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.

The penalties for a second degree felony in Texas include from 2 to 20 years in prison and up to $10,000 in fines. The penalties for a third degree felony include 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.

Protect Your Rights, Contact the Firm Today!

If you have been arrested for possessing or distributing child pornography, you are urged to contact a Houston sex crime defense 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 their 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 the firm for help.

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