Texas Possession or Promotion of Child Pornography Attorneys
Authored by Taelonnda Sewell, LegalMatch Legal WriterLocate a Local Criminal Lawyer
What Is Child Pornography?
Child pornography refers to anything that depicts a minor engaging in sexual intercourse or sexual activity. This is considered to be obscene material. Violating federal child pornography law may result in a fine and maximum prison of about 40 years. Each state has its own charges and penalties for violating child pornography laws.
Does Texas Have a Law against Promoting or Possessing Child Pornography?
Yes. Texas has a possession or promotion of child pornography law. According to the law, a person is guilty of the crime if they intentionally or knowingly access images of a child engaging in sexual conduct. The person must intend to view visual material.
What Does “Visual Material” Mean?
Visual material refers to:
- Any videotape, film, photography, slide, photographic reproduction, videotape, or negative
- Diskette, disk, or any other physical medium allowing images to be displayed on a computer or video screen
- Any image transmitted to a video screen or computer via satellite, cable, telephone line, or any other method
What If I Did Not Actually Possess Child Pornography?
A person can be charged with promoting child pornography by promoting it. Texas regards promoting child pornography as:
- Manufacturing
- Selling
- Issuing
- Giving
- Lending
- Providing
- Mailing
- Delivering
- Transferring
- Publishing
- Transmitting
- Circulating
- Disseminate
- Exhibiting
- Advertising
- Presenting
- Offering or
- Agreeing to help distribute
Is Promoting or Possessing Child Pornography a Felony?
Yes. The type of felony class that the crime falls into depends on specific circumstances. The first time someone is charged with this crime, they are charged with a felony of the third degree which is punishable by:
- Two to 10 years in state prison
- $10,000 fine
- Both fine and state prison time
A second conviction is a second degree felony punishable by:
- Two to 20 years in prison
- $10,000 fine
- Fine and prison time
If the person knows the child depicted in the pornography, it is a first degree felony. That felony is punishable by:
- Five to 99 years in state prison
- $10,000 fine
- Fine and prison time
Should I Contact an Attorney?
Like any other felony, a criminal charge involving child pornography is a serious matter that can result in a lengthy prison sentence. Contact a Texas attorney immediately to understand more about your legal rights.
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Last Modified: 10-04-2016 10:41 AM PDT
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