Dallas Child Pornography Charges
Call a Skilled Defense Attorney in Dallas, TX
Simply defined, child pornography is any visual depiction of sexual conduct
that involves a minor who is under the age of 18. An individual can be
charged with this offense if they are found in possession of such material
or were present when it was being produced. Added to this, selling or
transporting child pornography can carry additional
Facing charges? Call our
Dallas criminal defense attorney now at (214) 307-8667.
Penalties for Child Porn Crimes
Child pornography is both a state and federal offense, meaning that penalties
can be enforced from both statutes. In the state of Texas, this crime
is usually treated as a third-degree felony and carries a potential prison
sentence of 2 to 10 years and/or $10,000 in fines. It is important to
note that these penalties can vary greatly depending on the situation.
On the federal level, child pornography can result in a prison sentence
of up to 20 years. The federal statute is very specific when outlining
the penalties for this offense, which means you could be facing heavy
fines and decades behind bars for a conviction.
Defenses Against a Child Pornography Charge
A common defense strategy centers on whether or not the person in the pornographic
material is actually under 18. The
Texas Penal Code does not require expert testimony to determine the person's age, which
means an inaccurate determination can occur.
The court can determine the person's age by any of the following methods:
- Personal inspection of the individual
- Personal inspection of the material that includes the individual
- Oral testimony by a witness
- Expert medical testimony
Another defense involves whether or not the accused had knowledge of their
possession of such material. Texas courts have taken a variety of approaches
in determining what constitutes intentional possession. Other defenses
can include a lack of knowledge regarding the materials, an unawareness
that the individual was under the age of 18, and various other tactics.
Basically, the prosecution must be able to prove that you knew the images
were child pornography and willfully obtained them.
Hire an Experienced Dallas Criminal Defense Attorney
Attorney Peter Barrett strives to protect you from serious consequences by providing confidential
and aggressive legal advocacy. We understand the sensitive nature of such
matters and endeavor to create a solid defense based on the facts of your
situation. Don't wait any longer to retain legal representation from
a Dallas sex crime lawyer that boasts 20 years of experience.
Call us at (214) 307-8667 to receive a
complimentary confidential consultation.