Dallas Child Pornography Defense Attorney
Child pornography can be defined as any visual depiction of sexually explicit conduct involving a child. It is a complex and extremely grave sex crime. Both federal and state law have very stringent regulations against child pornography, and serious criminal charges can be filed if a person is discovered to be in possession of child pornography, or if he or she is involved in its production, distribution, or sale.
Under Texas law, an individual can be convicted for possession of child pornography if he or she intentionally or knowingly is in possession of visual material that portrays a child aged 17 years and below engaging in sexual conduct.
The Penal Code also states that it is illegal to record, photograph, videotape, transmit, or broadcast any visual image of a child without the child’s consent, and with the intention of sexually gratifying or arousing another individual. In addition, an individual may be accused of sexual performance of a child if the person authorizes, induces, or employs a child below 18 years of age to engage in sexual performance or sexual conduct.
Both federal and state prosecutors pursue these cases aggressively, showing very little leniency for individuals who are convicted. Depending on the circumstances of the case, a conviction can lead to a permanent record, an inability to gain employment or secure housing, incarceration, hefty fines, lifetime public sex offender registration, and social stigma.
If you are accused of child pornography under either federal or state law, it is crucial that you take these charges seriously. Contact David Finn, P.C. at (214) 871-1112 today to discuss your legal options.
Penalties of Child Pornography in Texas
Possession of child pornography is a third-degree felony in Texas, which is punishable by a $10,000 fine, a maximum of 10 years in prison, or both.
An individual may be accused of intent to promote child pornography if he or she possesses visual material containing at least six identical images of a child. This is a second-degree felony, which is punishable by a fine of up to $10,000, a maximum of 20 years in prison, or both.
The improper photographing or videoing of a minor is deemed a state jail felony, punishable by a fine of up to $10,000, anywhere from 180 days to two years in jail, or both.
A child’s sexual performance is typically deemed a second-degree felony, punishable by up to $10,000 in fines, a maximum of 20 years in prison, or both. The charge may be elevated to a first-degree felony if the child involved was below 14 years of age at the time the offense occurred, which is punishable by a fine of up to $10,000, between five to 99 years in prison, or both.
An individual convicted of such offenses will also be required to register with the state as a sex offender, and possibly face future charges if he or she fails to register.
If charged in Federal Court, the defendant will be prosecuted by the U.S. Attorney and potentially subjected to harsh federal sentencing guidelines. According to the U.S. Sentencing Guidelines, a first-time offender caught possessing, distributing, or receiving child pornography may face five to 20 years’ imprisonment, while a second-time offender may face a prison sentence ranging from 15 to 40 years.
Call David Finn, P.C. Today
If you or a loved one are facing child pornography charges, it is imperative that you consult with an aggressive and experienced criminal defense attorney as soon as possible. David Finn, P.C. understands the sensitivity of these charges, and will handle your case with the utmost importance and compassion. He will fight aggressively to protect your rights, fight the allegations against you, and create the strongest defense possible. Call David Finn, P.C. at (214) 871-1112 today.
Office: (214) 871-1112
David Cell: (214) 538-6629
Kathy: (214) 738-4703 (Paralegal Kathy Archuletta)