Being accused of possessing or distributing child pornography can be disastrous for anyone. With such great sensitivity around the crimes that affect the most vulnerable, child pornography accusations are often enough to ruin a person’s relationships, their status in the community, and their professional opportunities. If you are accused, it’s important to hire an aggressive child abuse attorney in Austin to represent you.
Defining Child Pornography
Child pornography is defined under Texas Penal Code Section 43.26 as the knowing possession of visual materials depicting a child under the age of 18 engaging in sexual conduct. This includes photographs, videos, and computer-generated images, along with images that have been modified to appear that a minor is engaging in sexually explicit acts. Depictions that show real or simulated intercourse with the child, lewd exhibition of sexual organs, or any portion of the female breast are considered child pornography.
A trained criminal defense attorney can help a person face their child pornography charges head-on. There are several different crimes which fall under the umbrella of child pornography:
- Employing a Minor: coercing, forcing, or trafficking a minor in order to produce pornography.
- Production and Promotion: intentional involvement in the filming, photographing, production of child pornography.
- Intentional Possession: Knowingly possessing child pornography.
- Possession with Intent to Distribute: possessing six or more identical pieces of child pornography.
Penalties for Possession and Distribution
As with other sex crimes, the details of the case will be evaluated based on several factors to determine the degree of offense. If the child in question is under the age of 14, the crime will be tried as a first degree offense regardless of the specifics. If you have been accused, our child abuse attorney in Austin can help you understand the potential outcomes of your unique case.
- First degree felonies carry the potential for 5-99 years in prison.
- Second degree felonies can result in 2-20 years in prison.
- Third degree felonies charges can result in 2-10 years in prison.
- All felony child pornography charges include mandatory compliance with Texas’ sex offender registry can also include up to $10,000 in fines.
Our Child Abuse Attorney in Austin
If you’ve recently been charged with possessing or distributing child pornography, we can help. The Law Office of Jesse Hernandez represents individuals who have been accused of child abuse and internet sex crimes. We treat each new client with the same amount of full respect and professionalism as the last. Our initial case evaluations are free to all potential clients. Reach out to schedule your appointment with our criminal defense attorney today.
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.
