What is Child Pornography?
Child pornography is generally defined as any visual depictions of sexual conduct that involves a child. Basically, that means that any pictures, videos, or other materials that show minors involved in sexually explicit conduct can result in criminal charges for child pornography. Child pornography is one of the most despised and poorly viewed crimes that we have in our world today. Even the mention of child pornography almost puts people in a position where they can’t even begin to fathom the defense of such a person.
Well, people are sometimes wrongfully accused of crimes and when people are wrongfully accused of the most hated crimes we have, then that’s when an experienced and successful criminal defense lawyer is needed most. Those who are wrongfully accused need the best defense possible to help overcome the inherent bias people have when they first hear that someone is charged with a crime related to child pornography.
Child pornography is produced and distributed in many ways both physically and electronically. An experienced child pornography attorney will look to answer a number of questions when trying to put forward defense in the face of child pornography charges. Was the possession unintentional? Were you the victim of an illegal search and seizure by the police? Was it even child pornography?
These are just a few of the questions an attorney should look to answer when trying to determine the best approach to defend child pornography charges. If you have any specific legal questions related to laws of child pornography, then it is important to seek the advice of an experienced criminal defense lawyer.
What Types of Criminal Charges Involve Child Pornography?
Criminal prosecutions for possession, creation, and distribution of child pornography can be handled at both the state and federal level.
Texas State Charges
In the state of Texas, the possession or promotion of child pornography is a serious felony under the Texas Penal Code § 43.26. The possession of child pornography under state law is considered a third-degree felony. A third-degree felony in the state of Texas is a felony that has a sentencing range of 2-10 years in state prison upon conviction. The promotion of child pornography under state law is considered a second-degree felony. A second-degree felony in the state of Texas is a felony that has a sentencing range of 2-20 years in state prison upon conviction.
At the federal level, the production of child pornography with the intent to distribute across state lines is prohibited under 18 U.S.C § 2251. A conviction for the production of child pornography has a sentencing range of 15-30 years in federal prison upon conviction for the first offense and 25-50 years if they have a prior conviction for a sexual offense. Anyone who transports or receives child pornography across state lines can be charged under 18 U.S.C. § 2252. A conviction for the receipt or production of child pornography has a sentencing range of 5-20 years in federal prison upon conviction for the first offense and 15-40 years if they have a prior conviction for a sexual offense. Possession of child pornography has a sentencing rage of 0-10 years.
Mandatory Minimums in Child Pornography Cases
One of the most severe penalties that can come with a conviction for crimes related to child pornography is mandatory minimum sentencing. Mandatory minimum sentencing at the federal level can result in a minimum of 5 years for receiving child pornography all the way up to a minimum of 35 years if there are prior sexual offense convictions. It is obvious to see how severely child pornography case convictions are punished by the courts. If you have any questions related to state or federal sentencing for child pornography cases, then it is important to speak to an experienced attorney.
Contact Us for a Free Consultation
If you are facing the possibility of criminal charges related to child pornography, or have already been charged, then it is important to seek the advice of an experienced child pornography lawyer. At Greco Neyland, we are proud to offer FREE consultation to anyone facing potential criminal charges. If you are looking for a candid evaluation of your child pornography case, then our attorneys are available for you now. Contact us anytime at (713) 972-1100. The advice from us is free, and any conversations will be protected by attorney-client privilege even if you decide to hire another attorney. Take the first step towards freedom by calling Greco Neyland today.
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