In an effort to crack down on the creation of child pornography, Texas imposes sever penalties for all kinds of related charges. Even possessing such materials is enough to face significant jail time and other penalties. Under Texas Penal Code Sec. 43.26, knowingly or intentionally possessing, distributing, or producing child pornography is unlawful if the person knows that the materials feature a minor (child under 18 years of age).
If you are facing criminal charges related to child pornography, the penalties you will face if you are found guilty will depend on several factors relating to your case. For example, the quantity of photos and videos in your possession and the nature of the content will typically impact the severity of the charges and your sentence if you are found guilty.
Is possession of child pornography a felony?
Texas typically treats possession of child pornography as a third-degree felony. If you are convicted, you may be facing 2-10 years in prison and up to $10,000 in fines. However, you may also face harsher penalties if you are charged federally as well.
You may also face a first- or second-degree felony charge and additional consequences in certain situations. For example, having an excessive number of photos or videos (usually more than 100) or having prior convictions on your record, could result in enhanced penalties.
If you are convicted, you will generally be required to register as a sex offender in the state of Texas. Registering as a sex offender can negatively impact your ability to find work and housing, as well as your ability to travel.
Defending against child pornography charges
If you are being accused of child pornography possession, you may be to use certain defense to protect yourself against the charges you face. Common defenses may include lack of intent, lack of knowledge that a minor was involved, or illegal search and seizure.