The Stakes Are High With Child Pornography Charges – Seek Experienced Defense Representation
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 federal charges.
Needless to say, you cannot afford to trust your case to a novice attorney. Instead, contact our firm, Peter Barrett: Dallas Criminal Defense Attorney, for representation backed by more than 25 years of courtroom experience.
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.
Possible Defenses Against Child Pornography Charges
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 that you willfully obtained them.
Tell Us Your Side Of The Story During An Initial Consultation
Our 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 case. To schedule your initial consultation, reach out online or call our office in the Dallas-Forth Worth area at 214-526-0555.