Possession of Child Pornography


I represent clients charged with all types of sex crimes, including:

When you have been arrested for possession of child pornography then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a sex offense

How much time can I get for possession of child pornography?

It is a third-degree felony to possess picture of someone younger than eighteen years of age engaged in sexual conduct. However, it is a second-degree felony if you have one prior conviction, or a first-degree felony if you have two prior convictions for possessing child pornography.

It is a second-degree felony if you are found with six or more identical photos of the same person because you are then presumed to be promoting child pornography. However, it is a first-degree felony if you have a one prior conviction for promoting child pornography.

Is there a defense to possession of child pornography?

It is a defense to these charges that you are no more than two years older than the persons depicted in the pictures.

Section 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (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). (b) In this section: (1) "Promote" has the meaning assigned by Section 43.25. (2) "Sexual conduct" has the meaning assigned by Section 43.25. (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. (c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section. (d) An offense under Subsection (a) is a felony of the third degree, except that the offense is: (1) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under that subsection; and (2) a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under that subsection. (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 that the material depicts the child as described by Subsection (a)(1). (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. (g) An offense under Subsection (e) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subsection. (h) It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or 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; (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).