Child pornography charges – even just the mention of such charges – can easily ruin your life, no conviction necessary. The damage to your reputation, your relationships, even your continued employment, that can be wreaked by child pornography charges can be incalculable. Simply being charged is likely to cause everyone you know and work with to view you in a different light, and that light is not a favorable one. You are not the only one who could suffer from child pornography charges, either. The parents of your children’s friends could easily decide to stop allowing them to play or associate with your children, and almost certainly would no longer let their children play at your house. Your spouse could be excluded from social circles. The possibilities are nearly endless. To combat that kind of damage to your life, you need a top-notch criminal attorney. Talk to the Madrid Law Firm.
It Does Not Take Much to Violate Child Pornography Laws
For obvious reasons, the definition of child pornography is broad. Almost no one wants children to be depicted having sex for the entertainment of others. In Texas, though, the definition is “visual material that visually depicts a child . . . who is engaging in sexual conduct.” The key is “sexual conduct.” The problem is sexual conduct can be interpreted pretty broadly. Texas law includes “lewd” photos of certain body parts, with “lewd” not defined in the statute. If the child in the image is younger than 18 and the picture depicts “sexual conduct” – real or simulated, or even digitally altered – it is child pornography. Pictures of 2-year-olds playing naked in a sprinkler in your front yard or at the edge of the water at a beach or lake could qualify if certain body parts are in the image and a jury decides those images are “lewd,” or if the children are hugging or kissing.
Most child pornography is worse than that – much worse – but the law is broad enough to cover some fairly mundane situations. If you possess or access (a nod to the computer age and people who do not download the images) images that qualify as child pornography in any form – electronic, physical photos, videos, or Super 8 home movies –intend to view them and know that a person in the images is younger than 18 years old, you have committed an offense under Texas law.
A first-offense child pornography possession violation is a third-degree felony, punishable by at least two but up to 10 years in prison, plus a fine of up to $10,000. A second conviction is a second-degree felony, with a sentence of up to 20 years in prison, while further convictions are first-degree felonies, with a maximum sentence of 99 years. There are child pornography charges more serious that possession, and convictions on those charges start with higher penalties.
If You are Facing Child Pornography Charges in Houston, Talk to Madrid Law Firm
Conviction on child pornography charges is always a felony, with the seriousness depending upon possible prior convictions. You could face years in prison and significant fines even for a first offense. There are defenses, though, and you need a criminal defense lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you have been charged with a child pornography crime, talk to Madrid Law Firm.
