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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064








Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

Possession of Child Pornography Attorney in Texas

Possession of Child Pornography

Texas Penal Code § 46.26 - POSS OF CHILD PORNOGRAPHY

Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting a lawyer with the experience to handle your case.

Possession of Child Pornography Attorney in San Antonio, Texas

Possession or promotion of child pornography is a serious offense in the state of Texas. Under Section 43.26, knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that depicts a child younger than 18 years of age engaged in sexual conduct and the person knows the image depicts a child.

It is also  a crime to promote or possess with intent to promote any material that depicts sexual conduct by a child. This includes distributing or exhibiting the material, as well as possessing it with the intent to distribute or exhibit it.

According to Section 43.25, the term "promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

"Visual material" is defined as any film, photograph, videotape, negative, or slide, or any photographic reproduction that depicts sexual conduct by a child. It also includes 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.

"Sexual conduct" is defined as sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

Possible Defenses for Possession of Child Pornography in Texas

 If you have been charged with this offense, it is important to understand the potential defenses that may be available to you and how hiring an expert witness can aid in your defense.

One potential defense is that the material in question does not meet the definition of child pornography as defined by Texas law. For material to be considered child pornography, it must depict a child under the age of 18 engaging in sexual conduct. If the material in question does not meet this definition, you may be able to successfully defend against the charges.

Another potential defense against child pornography charges is that you did not possess or promote the material knowingly or intentionally. If you can establish that you did not know that the material was child pornography or that you did not intentionally possess or promote it, you may be able to defend against the charges.

In cases where the possession or promotion of child pornography is alleged to have occurred using a computer or other digital device, an expert witness in computer forensics can be particularly helpful. An expert witness in computer forensics is a specialist in the field of examining and analyzing digital evidence and can provide valuable insights and analysis on the nature and characteristics of the material in question, as well as on the relevant laws and technology.

Punishment Ranges

Level of Offense

Potential Incarceration

Potential Fine

First-degree Felony

Second-degree Felony

Third-degree Felony

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

2 - 10 years in prison

180 days - 2 years in jail

Up to 1 year in jail

Up to 180 days in jail

2 - 20 years in prison

5 - 99 years in prison

Up to $10,000

Up to $10,000

Up to $10,000

Up to $10,000

Up to $4,000

Up to $2,000