Texas law does not take child pornography offenses lightly. You could spend years in prison, have to pay expensive fines, and be required to register as a sex offender if convicted. Retaining legal counsel is crucial to protecting your freedoms and achieving the best possible outcome for your case. With over 70 years of collective experience, The Gonzalez Law Group knows what it takes to win a case or have it thrown out. The criminal defense team at The Gonzalez Law Group will stop at nothing to make sure your side of the story is heard. To schedule a time to speak with us more about your case call (832) 530-4070.
The Gonzalez Law Group represents clients in all communities across Harris County including Pasadena, Galena Park, Brookside Village, Jacinto City and many more.
Information Center
- Texas Child Pornography Laws
- Penalties for Child Pornography in Texas
- Is Sexting Considered Child Pornography in Texas?
- Lewd Visual Material Depicting a Child
- Additional Resources
Texas Child Pornography Laws
An unforeseen consequence of the Internet is the explosive growth of the child pornography industry. The industry is worth $3 billion and growing. With the increase of child porn possession and promotion comes the increase in prosecution for the crime.
Section 43.26 of the Texas Penal Code makes it illegal to knowingly possess or intentionally view material that depicts a minor engaging in sexual conduct. This material can include films, photos, negatives, or other photographic reproductions.
Individuals who promote or intend to promote child porn will also be charged under this section of the Penal Code. Knowingly or intentionally promoting material that shows a child participating in sexual activity is considered the promotion of child pornography.
Prosecutors will assume you intended to promote child porn if you are found with six or more identical materials featuring a minor engaging in sexual activity. Possession with intent to promote is more harshly punished than possession. If convicted, you will be facing enhanced penalties.
Penalties for Child Pornography in Texas
The penalties for possession or promotion of child pornography should not be taken lightly. If you are found guilty of the crime, you are looking at a felony conviction and expensive fines. To try to mitigate the charges, you should contact our firm today.
The legal consequences for possession depend on your previous criminal history. A first offense is a third-degree felony that is punishable by two to 10 years in prison and a fine that can cost up to $10,000.
If you have been previously convicted of possession of child pornography, the court will be less forgiving. It’s a second-degree felony if this is your second conviction. You will be penalized with a prison sentence that can range from two to 20 years and be required to pay a fine that can cost up to $10,000.
It’s a first-degree felony if it’s shown in trial that you have been convicted of the crime two or more times. A first-degree felony is punishable by the following:
- Five to 99 years or life in prison
- A fine that can cost up to $10,000
As mentioned in the previous section, promotion or possession with intent to promote is more heavily penalized than possession. The crime is a second-degree felony, but if the court finds you have been previously convicted, your charges will be elevated to a first-degree felony.
Is Sexting Considered Child Pornography in Texas?
There are a number of crimes that can be considered child pornography, and one of them is sexting. The crime is formally known as electronic transmission of child pornography and its listed in section 43.261 of the Texas Penal Code.
The crime involves a minor sending material of a child engaging in sexual conduct to another minor by electronic means, typically through sexting. Even the minor who receives the material could be charged with the crime.
Conviction of electronic transmission of child pornography is a class C misdemeanor that is punishable by a $500.
The crime can be elevated to a class B misdemeanor if it’s shown that you:
- Promoted the material with the intent to annoy, harass, embarrass, offend, alarm or abuse another
- Have been previously convicted of the offense
A class B misdemeanor is punishable by a fine that can cost up to $2,000, up to 180 days in jail, or both confinement and a fine.
If you have the following on your criminal record and are convicted of the offense, you will face a class A misdemeanor:
- More than one conviction of electronic transmission of child pornography
- Two or more conviction of a public indecency offense
A class A misdemeanor can be punished by up to a year in jail, a fine of up to $4,000 or both.
Lewd Visual Material Depicting a Child
For some time, Texas law only criminalized possession and promotion of child pornography but didn’t ban lewd visual material involving a minor. Texas HB 1810 created the crime of possession or promotion of lewd visual material depicting a child. The crime is reserved for individuals who possess or promote material that doesn’t meet the standard of child pornography.
The offense is committed by knowingly possessing, viewing, or promoting material that does the following:
- Depicts a lewd display of the genitals or pubic area of an unclothed, partially clothed or fully clothed minor
- Appeals to the prurient interest in sex
- Does not have any serious artistic, literary, political or scientific value
How you are penalized depends on your criminal history. A first offense of the crime is a state jail felony that is punishable by 180 days to two years in jail and a fine that can cost up to $10,000.
For a second conviction of the offense, you will face a third-degree felony while a third or subsequent conviction is a first-degree felony.
Additional Resources for Child Pornography
Possession or Promotion of Child Pornography | Texas Penal Code– Follow this link to read the complete section of the Penal Code that governs child porn. You can read the precise legal definition of possession and promotion and learn about affirmative defenses. The code can be read on FindLaw, an online legal resource.
Public Indecency Offences | Texas Penal Code– Visit the Texas Constitution and Statutes website to read the full text of the chapter that governs offenses related to child pornography. You can read the precise legal definition of the crimes mentioned on this page and learn about other public indecency crimes such as sexual performance by a child.
Harris County Child Pornography Defense Lawyer
Prosecutors are not kind to those accused of crimes related to child pornography. They will do everything in their power to convict you and make sure you are punished with the harshest penalties the law allows. To mitigate the chances of this happening to you, contact our firm today.
The Gonzalez Law Group has over 70 years of collective experience defending clients accused of child pornography in Harris County. Our criminal defense team will listen to your story and formulate a defense plan that is in your best interest. To schedule a free case consultation, call (832) 530-4070 or submit your information in the online contact form.
