© 2023 by Thornton Criminal Defense, PLLC.
San Antonio Office:
111 Soledad, Suite 401
San Antonio, Texas 78205
216 N Bryant St
Pleasanton, Texas 78064
FORMER CHIEF PROSECUTOR
PERSONALIZED ATTENTION TO YOUR CASE
NO HOURLY RATES, ALWAYS A FLAT FEE
CLIENT CENTERED APPROACH TO YOUR CASE
BOARD CERTIFIED IN CRIMINAL LAW
OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
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
Texas Penal Code § 46.26 - POSS OF CHILD PORNOGRAPHY
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.
Level of Offense
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
Punishments for Possession of Child Pornography in Texas
The penalties for this offense depend on the nature of the material and the defendant's criminal history.
For the promotion of child pornography, the offense is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000. The punishment increases to a first-degree felony if the person has been previously convicted of the offense
It is also a crime to possess child pornography, even if the material is not promoted or distributed. Possession of child pornography is a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000. The punishment increases by one degree with each subsequent conviction.
In addition to these criminal penalties, those convicted of possession or promotion of child pornography may also face additional consequences such as mandatory sex offender registration and a lifetime requirement to report as a sex offender.
It is important to note that these penalties are in addition to any federal penalties that may be imposed for the same offense. Federal law also prohibits the possession, distribution, and production of child pornography, and those convicted under federal law may face additional prison time and fines.
Attorney Brad Thornton
If you have been charged with the offense of possession or promotion of child pornography in Texas, it is important to seek the advice of a qualified and experienced criminal defense attorney. Board-certified criminal defense attorney Brad Thornton has years of experience in criminal law and has worked with these cases many times in the past.
Brad Thornton is a former prosecutor who has extensive experience handling complex criminal cases, including those involving possession or promotion of child pornography. As a former prosecutor, he has a unique understanding of the strategies and tactics that prosecutors may use in these cases, and he knows how to effectively defend against them.
In addition to his experience as a prosecutor, Brad Thornton is a board-certified criminal defense attorney, which is a distinction held by a select group of attorneys who have demonstrated exceptional knowledge, skill, and experience in the field of criminal law. This certification is granted by the Texas Board of Legal Specialization and requires attorneys to meet strict criteria and pass a rigorous examination.
When you hire Brad Thornton to represent you in your case, you can be confident that you are working with a knowledgeable and skilled attorney who has the experience and expertise necessary to effectively defend against your charges. He will work tirelessly to protect your rights and to achieve the best possible outcome in your case.
If you have been charged with possession or promotion of child pornography in Texas, do not hesitate to contact board-certified criminal defense attorney Brad Thornton. He will provide the skilled and aggressive representation you need to defend against these serious charges.
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the "other side" and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
If you need a criminal lawyer, Brad Thornton is an excellent choice. He is intelligent, trustworthy, and highly professional, with an amazing understanding of the law.
Choosing the right lawyer can shape the rest of your life, so make sure to make the right decision and choose Brad Thornton.
San Antonio, Texas
I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.
San Antonio, Texas
We recently faced a stressful family matter and turned to Brad for legal guidance. He was extremely compassionate and helped us understand our options and the legal process in an easy-to-follow way. We are thrilled with the outcome of our case and are grateful to Brad for his help. Thank you!
San Antonio, Texas
I cannot emphasize enough how understanding and compassionate Brad Thornton was during a difficult situation. He helped us navigate the legal aspects of our case and provided us with a clear understanding of our options. I highly recommend Brad Thornton for anyone in need of legal representation.