Houston Child Pornography Lawyer
sex crime, child pornography possession, distribution, and production are extremely
serious offenses that bring with them serious criminal penalties as well
as a lifetime of collateral consequences. If you or a loved one has been
accused of such a crime, you cannot afford to wait to seek legal counsel.
Your reputation and future are on the line from the moment law enforcement
begins to investigate you. At the Law Offices of Jed Silverman, we are
prepared to protect your rights in these complex and highly stigmatized
sex offense cases. Aggressive litigation and strategic negotiation allow
us to pursue favorable results in these sensitive matters.
Texas Penal Code § 43.26: Possession or Promotion of Child Pornography
According to Texas Penal Code § 43.26, it is a crime to knowingly
or intentionally possess or access with the intent to view material that
depicts a child under the age of 18 engaging in sexual conduct. This may
include any type of visual material, such as a photograph, videotape,
slide, negative, film, disk, diskette or other mediums that allow such
material to be viewed.
Felony of the Third Degree
Knowingly or intentionally possessing or attempting to access child pornography
is a third-degree felony. It can be enhanced to a second-degree felony
of the defendant has been convicted of this offense before, or enhanced
to a first-degree felony if the defendant has been convicted of this offense
two or more times in the past.
Felony of the Second Degree
Promoting child pornography or possessing for the attempt to promote child
pornography is a felony of the second degree. This can be enhanced to
a felony of the first degree if the defendant has previously been convicted
of this type of offense.
Texas Penal Code §43.251: Employment Harmful to Children
Just as possession and promotion of child pornography is unlawful, so also
is employing, authorizing, or otherwise inducing a child to work in a
sexually oriented commercial activity or in any place of business that
permits or requires a child to work while nude or topless. An offense
under this section is a felony of the second degree, and can be enhanced
to a felony of the first degree if the child involved is under the age of 14.
Texas Penal Code §43.25: Sexual Performance by a Child
Employing, authorizing, or inducing someone under the age of 18 to engage
in sexual conduct or a sexual performance is against the law. This is
a felony of the second degree that can be enhanced to a first-degree felony
if the child was under the age of 14. Producing or directing a sexual
performance involving a minor is a felony of the third degree, enhanced
to a felony of the second degree if the minor is under the age of 14.
Texas Sex Offender Registration Requirements for Child Pornography Offenses
In Texas, anyone convicted of a “reportable conviction or adjudication”
is required to register as a sex offender, following the requirements
set forth in Chapter 62 of the Texas Code of Criminal Procedure. Chapter 62.001(5) details which offenses are considered reportable convictions
or adjudication. Those include child pornography-related offenses, such as:
- 43.26 “Possession or Promotion of Child Pornography”
- 43.25 “Sexual Performance by a Child”
In addition to registration, sex offenders will also be assigned a numeric
risk level as determined by the sex offender screening tool. The three
levels are Level One (low risk), Level Two (moderate risk), and Level
Three (high risk). The length of sex offender registration differs by type of offense. Violent offenses, such as 43.25 “sexual
performance by a child,” requires lifetime registration. Possession
or promotion of child pornography, while not categorized as violent, still
warrant lifetime registration. Other offenses can warrant registration
for ten years.
Accused of Child Pornography? Call (713) 597-2221 Today.
Child pornography offenses are varied and complex. These offenses also
typically involve computers and the internet, adding a level of complexity
that may require computer forensic experts to investigate and testify
on the accused's behalf. Fortunately, our sex crime lawyers in Houston
have the resources to thoroughly investigate child pornography charges
and build compelling defense strategies for our clients.
Do not leave your future to chance.
Contact a Houston child pornography attorney