Facing child pornography charges in Fort Worth, TX, is one of the most serious situations a defendant can face. Even if you aren’t ultimately convicted, the simple fact that you’ve been accused of this type of crime can have lifelong consequences. In these cases, it’s absolutely essential to speak with a Fort Worth criminal defense lawyer as soon as possible.
Let us help you with a criminal charge in Fort Worth, Texas. Contact Cofer Luster Criminal Defense Lawyers at (682) 777-3336 to schedule a free consultation with a Fort Worth child pornography lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Arrested For Child Pornography
It doesn’t get much more serious than facing child pornography charges in Fort Worth, TX. In these cases, it’s essential to speak with a criminal defense lawyer right away. Here’s how our legal team can help:
- We take the time to review every detail of your case, including how evidence was obtained and whether any of your rights were violated. If there are weaknesses in the prosecution’s case, we’ll find them and use them to your advantage.
- We will try to negotiate with the prosecutor to obtain a plea agreement that will reduce the charges against you or lead to a more lenient sentence.
- These charges can feel overwhelming – we’re here to guide you and answer all your questions. You’ll know exactly what’s happening at all times and what steps we’re taking to protect you and your future.
Being accused of something so serious in Fort Worth, Texas, is incredibly scary, but you don’t have to face it alone. Contact Cofer Luster Criminal Defense Lawyers to schedule a free consultation with a Fort Worth criminal defense attorney.
Overview of Child Pornography in Texas
Facing charges related to child pornography in Texas is a serious legal matter with substantial consequences. It is essential to understand the laws and definitions to grasp the severity of these offenses.
Possession of Child Pornography
Under Texas law, an individual commits this offense if they knowingly or intentionally possess or access with intent to view visual material that depicts a child under 18 engaging in sexual conduct. Possession is broadly defined to include actual care, custody, control, or management of material. This means that even temporary control or access can lead to criminal charges.
Definition of Sexual Conduct
The term “sexual conduct” is specifically defined. It includes sexual contact, actual or simulated intercourse, deviate sexual intercourse, masturbation, sadomasochistic abuse, or the lewd exhibition of genitals, the anus, or portions of the female breast below the areola.
For a conviction to occur, prosecutors must prove that the accused knew the material in question depicted a child under 18 engaging in sexual conduct. Legal representation is a must for anyone facing these charges.
What Are the Penalties For Child Pornography in Fort Worth, Texas?
Possessing child pornography in Texas is a serious crime with severe consequences. The offense is classified as a third-degree felony, except under certain circumstances. If convicted, you could face 2 to 10 years in prison, a fine of up to $10,000, or both. The penalties can get worse if you have a large amount of illegal material.
Additionally, you will almost always be required to register as a sex offender.
Penalties When Charged With Intent to Promote Child Pornography
If you possess six or more identical images or videos of child pornography, the law assumes you intend to promote it. This is a significantly more serious offense – a second-degree felony. The punishment includes 2 to 20 years in prison, a fine of up to $10,000, or both.
In both cases, you will likely be required to register as a sex offender as well. These laws are strict, and the punishments reflect the seriousness of these crimes. If you’re facing charges, reach out to a criminal defense lawyer right away.
What Defenses Can Be Raised If I’m Arrested For Child Pornography?
Being arrested for child pornography is a serious situation, but there are several defenses that could apply to your case. Below are some common strategies that legal professionals use when defending you.
No Proof That Person in Material is Underage
A central question in these cases is whether the images or videos truly show someone under the age of 18. Your lawyer can present evidence that the person in the material is at least 18 years old. Alternatively, they can try to argue that there is no proof that the person in the content is under the age of 18.
No Knowledge of Possession
For a conviction, it must be shown that you knowingly possessed the material. For instance, if you just purchased your computer and the images were already on it, or you unknowingly received an email containing illegal material, these could be viable defenses. You must have had knowledge of the content’s existence to be convicted.
Insufficient Evidence
In order to convict you, the prosecution must present enough evidence to prove their case beyond a reasonable doubt. If they don’t have sufficient evidence linking you directly to the possession or distribution of child pornography, your lawyer can argue for a dismissal of charges or an acquittal. For example, if you share a computer with someone, it may be difficult to prove you were the person who possessed the child pornography.
A skilled criminal defense lawyer will take the time to review all evidence to build the strongest defense possible for your case.
Facing charges as serious as possession of child pornography in Fort Worth, Texas, is an overwhelming experience that must be taken seriously. Fortunately, you don’t have to go through it alone. If you or someone you care about has been accused, it’s important to act quickly. Our experienced attorneys understand this is a tough time, and you likely have many questions.
During a free case evaluation, we’ll discuss your situation, explain your options, and work with you on the best steps forward. Contact Cofer Luster Criminal Defense Lawyers to schedule a free consultation with a Fort Worth Sex Crimes Lawyer.
