Cofer Luster Criminal Defense Lawyers | July 31, 2025 | Criminal Defense
Facing charges for possession of child pornography in Texas is extremely serious. The state has strict laws and penalties in place, and the consequences of a conviction can follow you for life. If you or someone you know is being investigated or has already been arrested, it’s important to understand what Texas law says and what steps to take next.
In this blog post, we’ll go over key information about how the law works, what penalties you might face, and how a defense attorney can help you protect your rights.
What Counts as Possession of Child Pornography in Texas?
Under Texas Penal Code Section 43.26, it’s illegal to knowingly or intentionally possess material that shows a child under 18 engaged in sexual conduct. This includes photos, videos, or digital content stored on a phone, computer, or any other device.
You can be charged even if:
- The content was sent to you without your request
- You didn’t create the images or videos yourself
- You never shared or distributed the material
Texas law focuses on possession, meaning that simply having access to this content can lead to criminal charges.
How Does Texas Investigate These Cases?
Law enforcement agencies often work with federal authorities to track online activity. Investigations often start when a file-sharing network or internet provider flags suspicious activity. Police may then get a warrant to search your devices.
Once investigators have access to your computer or phone, they look for any files that may show child pornography. If they find such material and believe you knew about it, they can arrest and charge you.
Penalties for Possession of Child Pornography in Texas
In Texas, possession of child pornography is usually charged as a third-degree felony. That means the penalties are severe, even for a first offense.
If convicted, you may face:
- 2 to 10 years in prison
- Fines of up to $10,000
- A permanent felony record
- Mandatory sex offender registration
The penalties become even more serious if the case involves prior convictions or other related sex crime charges.
Why These Charges Are Especially Serious
A conviction for child pornography can change your life and lead to severe collateral consequences. For one, even after serving time, you could still be required to register as a sex offender. That could impact your ability to find work or housing and have other impacts. You might also lose important rights, such as the right to own firearms.
For these reasons and many others, taking these charges seriously from the beginning is critical.
What Should I Do if I’m Facing Child Pornography Charges in Texas?
If you’re facing allegations related to child pornography, there are a few steps you should take right away:
- Do not talk to police or investigators without a lawyer present
- Avoid trying to delete or hide files, which can make things worse
- Contact an experienced criminal defense attorney immediately
Remember, being accused does not mean you are guilty. You still have legal rights and the opportunity to fight back against the charges against you.
Contact the Fort Worth Sex Crimes Attorneys at Cofer Luster Criminal Defense Lawyers for Help Today
Charges involving child pornography carry serious consequences in Texas, but you do not have to go through this alone. If you’re under investigation or have already been arrested, speak with a Fort Worth sex crimes lawyer at Cofer Luster Criminal Defense Lawyers right away and schedule an initial consultation. The sooner you act, the more time your attorney will have to protect your rights and your future.
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102