San Antonio Possession of Child Pornography Attorney

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.

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.