The state of Texas is extremely strict about enforcing laws pertaining to child pornography. In Texas, child pornography is considered to be any visual depiction of sexual conduct involving children. An individual can be charged with a crime pertaining to child pornography if they are found to be in possession of a visual depiction, or if they are found to be involved with the production of the visual depiction.
Lawmakers and law enforcement officers have a duty to the communities they serve. One of their main responsibilities is to play an active role in protecting the youth. Children are the future of our community, and individuals who prey on their innocent and naivety need to be brought to justice. In society, there is no place for anyone who tries to manipulate a child for sexual gratification, and this is why alleged offenders are punished so heavily for their crimes.
Child Pornography Lawyer Fort Worth TX
Child pornography possession charges are serious, but it is important to remember that not everyone who is charged with this sex crime is guilty of committing it. If you are someone who has been the victim of some sort of misunderstanding and you are currently facing criminal charges pertaining to this crime, you may be wondering about how you can overcome this situation. If you still believe in your innocence and you are ready to fight these charges, it is time for you to hire a criminal defense attorney.
Hire the right lawyer for your case by hiring the Law Offices of Richard C. McConathy. For years, our law firm has provided Tarrant County and Fort Worth citizens with the legal services they need. We understand how judges and prosecuting attorneys behave, and we are ready to put our experience to good use by helping you beat or dismiss your charges.
Hiring a criminal defense attorney as soon as possible is critical to your success. From the moment you are charged with this crime, investigators and prosecutors will begin collecting evidence in hopes of putting you behind bars for years. Serving Fort Worth, Garland, Plano, Frisco, McKinney, Euless, and many other areas surrounding Tarrant County, our law firm has everything you need to succeed. For more information on how we can be of assistance, contact us today at (817) 422-5350 for a consultation.
Child Pornography Crimes in Texas
In the state of Texas, there are three main laws that are put in place to combat child pornography: invasive visual recording, sexual performance by a child, and possession or promotion of child pornography.
According to Section 21.15 of the Texas Penal Code, invasive visual recording is a crime that takes place when an individual photographs, records, broadcasts, or transmits visual images of the intimate area of another person. This crime also takes place when an individual promotes an invasive visual recording, or photographs or records an individual while they are in a private bathroom or changing room. If an individual is convicted of this offense, they could face up to 2 years in prison in addition to being forced to pay a fine of up to $10,000.
Sexual performance by a child is another crime that is related to child pornography. According to Texas Penal Code § 43.25, sexual performance by a child is a crime that takes place if an offender employs, authorizes, or induces a child under the age of 18 to partake in sexual conduct or performance. If a parent, legal guardian, or custodian of a child consents to a child partaking in a sexual performance, they can be charged as well. According to the Texas Penal Code, this is a second-degree felony offense that can lead to a maximum prison sentence of 20 years, and a fine that could be as expensive as $100,000. If the alleged victim is under 14 years of age at the time the alleged offense is committed, the charges can be upgraded to a first-degree felony, meaning the alleged offender could end up spending life in prison.
Section 43.26 of the Texas Penal Code provides an in-depth look at what is considered possession or promotion of child pornography. According to this legislation, an individual is guilty of this crime if they knowingly or intentionally possess (or access with intent to view) visual material depicting a child engaging in sexual conduct. The penal code defines a “child” as an individual under the age of 18. This is a third-degree felony offense, but it can be upgraded to a second-degree or first-degree felony offense if the alleged offender has a history of being convicted of this crime in the past.
Defenses to Child Pornography Charges
Being charged with a crime related to child pornography can be extremely trying, and it may cause confusion and fear to consume you. While these are serious crimes, it is important to remember that there are certain defenses you can use if you are attempting to dispute your charges.
Perhaps the most well-known defense involves the purpose of the content. When going to court for possession of the promotion of child pornography, the prosecuting attorney will attempt to make the court believe that you accessed and acquired the images for your own sexual gratification. However, if you are able to prove that the images in question were captured for the purpose of education, medical, law enforcement, legislative purpose, psychology, or psychiatry.
There are other defenses that may be able to be used as well, but before you can properly build a defense for your criminal charges, you will first need to hire a criminal defense attorney. This is a crucial aspect of your case that must not be forgotten. Failure to hire the right lawyer can lead to you going into a court of law unprepared, unrepresented, and completely at the mercy of the judge and jury. By aligning yourself with a lawyer, you are making sure you have a legal professional on your side a all times throughout your case.
Resources for Child Pornography Crimes in Tarrant County, Texas
Citizen’s Guide To U.S. Federal Law On Child Pornography | Department of Justice – This link takes you to the official website of the Department of Justice. Here, you can learn more about federal child pornography laws in America. You can also learn more about the history of the Department of Justice, recent news, career opportunities, and the contact information of the officials who make up the DOJ.
Tarrant County & Community Health – This link takes you to the official website of the Texas A&M Agrilife Extension. On this website, you can learn more about some of the helpful resources surrounding Fort Worth and Tarrant County. These resources provide individuals with tips in regards to financial literacy, family wellness, community healing, and contact information for those who want to get involved with this amazing program.
Find A Tarrant County Defense Attorney for Child Pornography Charges | Law Offices of Richard C. McConathy
Individuals who are accused of or charged with child pornography crimes need to be aware of their situation, but the most important thing you can do would be to hire a criminal defense lawyer. Failure to promptly align yourself with an attorney can lead to terrible consequences. When you take your time with this important step, you are giving prosecuting attorneys and investigators ample time to build a case against you that will land you in prison for years to come. Avoid this fate by quickly finding the right law firm for you and your specific needs.
The Law Offices of Richard C. McConathy proudly serve Grapevine, Fort Worth, Arlington, Lewisville, and many other surrounding areas of Tarrant County. With years of criminal defense experience and a proven track record of helping clients dismiss or reduce their charges, our team is ready to take on any case. We have worked with numerous cases related to sex crimes and child pornography, and we work tirelessly to represent our clients with dignity and class. For more information on how we can assist you, contact us today at (817) 422-5350 to schedule a consultation.