Child Pornography Defense

With the high stakes involved with any criminal charge, you need an experienced criminal trial attorney by your side. Attorney Shannon Drehner brings her years of experience as a chief felony prosecutor to defend you when you need it most. Don’t wait; contact us today.

Houston Child Pornography Attorney

Fight Back Against Child Pornography Accusations in Texas

If you have been accused of a child pornography offense in Texas, it is crucial that you enlist the help of an experienced Houston sex crime attorney right away. Because of the nature and complexity of these crimes, law enforcement officials will thoroughly investigate them. Additionally, the prosecutor will often seek a maximum punishment to show that the State does not tolerate sexually-oriented offenses committed against minors. Having an attorney on your side can help you navigate the rough waters of a child pornography case in Houston. However, not just any attorney will do. You need someone familiar with Texas’s child pornography laws and the processes involved in these cases.

At Drehner Law, we are ready to deliver the focused and zealous defense you need. Our Houston child pornography lawyer served as a prosecutor and tried more than 80 jury trials, including sexual assault and child abuse cases. When you turn to us, we will leverage our experience and unique insight to build a sound defense on your behalf. We will ensure that you understand the charges against you, the possible outcomes, and your legal options. Throughout your case, we will maintain constant communication with you, letting you know the progress and getting your input on the courses of action we take.

We are here to defend your innocence. Schedule a free consultation with our child pornography attorney in Houston by calling 832-626-0063 or submitting an online contact form today.

What Constitutes Child Pornography?

Generally, child pornography involves the production, distribution, or possession of a visual depiction involving a minor under 18 years of age in a state of nudity or engaging in sexual conduct.

Sexual conduct includes:

• Actual or simulated sexual intercourse,
• Deviate sexual intercourse,
• Sexual bestiality,
• Masturbation,
• Sado-masochistic abuse, and
• Exhibition of genitals, anus, or female breasts

Visual depictions can include a variety of materials, such as:

• Photographs,
• Videos,
• Motion pictures,
• Plays,
• Slides, or
• Disks

Being accused of possessing or creating child pornography is damaging. Many people are quick to make harsh judgments about any person alleged to have engaged in such conduct. Thus, your reputation and relationships are at stake, as some people might interpret the accusation as guilt, even though you are presumed innocent unless proven otherwise.

At Drehner Law, our Houston child pornography lawyer recognizes what is at stake, which is why we will work hard toward a favorable outcome on your behalf.

What Are Texas’s Child Pornography Laws?

The term ‘child pornography’ encompasses a wide range of conduct. As such, Texas has several child pornography laws prohibiting certain acts involving minors participating in sexual activity.

Sexual Performance by a Child (Texas Penal Code § 43.25)

This law makes it illegal for any person to entice or force a child to participate in a sexual performance or to produce, direct, or promote such a performance.

Employing or inducing a child to participate is generally a second-degree felony. Producing a sexual performance is a third-degree felony. The level of charge for both offenses increases if the child is under 14 years of age. In this situation, employing or inducing a child is a first-degree felony, and producing a sexual performance is a second-degree felony.

Employment Harmful to Children (Texas Penal Code § 43.251)

Under this statute, a person commits a crime if they make a child work in a sexually oriented business while nude or the genitals, buttocks, or female breasts are visible. A sexually oriented enterprise provides services for its customers’ sexual gratification.

Generally, employment harmful to children is a second-degree felony. However, if the child is under 14 years of age, the offense is elevated to a first-degree felony.

Possession or Promotion of Child Pornography (Texas Penal Code § 43.26)

This law prohibits knowingly or intentionally possessing or accessing with intent to view child pornography when the person knows that the depiction is of a minor. Under this statute, it is also illegal for any person to manufacture, sell, provide, or disseminate in any way child pornography.

Depending on the situation, possessing child pornography is a third-, second-, or first-degree felony, and promoting child pornography is a second- or first-degree felony.

Our Houston child pornography attorney provides a vigorous defense for even the most severe allegations. Whatever charge you are facing, you can trust us to deliver the representation you need.

What Are the Penalties for Child Pornography Offenses in Texas?

As noted in the previous section, different child pornography crimes are charged as varying degrees of felonies depending on the situation. The penalties that may be imposed are tied to the grade of the charge.

Below are the potential punishments for a conviction:

• Third-degree felony:
  • Between 2 and 10 years of imprisonment and/or
  • Up to $10,000 in fines

Charged for the following offenses:

• Possessing child pornography
• Producing a sexual performance involving a child
• Second-degree felony:
  • Between 2 and 20 years of imprisonment and/or
  • Up to $10,000 in fines

Charged for the following offenses:

• Possessing child pornography – one previous conviction
• Promoting child pornography
• Employment harmful to children
• Employing or inducing a child to participate in a sexual performance
• Producing a sexual performance involving a child – a child under 14 years of age
• First-degree felony:
  • Between 5 and 99 years of imprisonment and/or
  • Up to $10,000 in fines

Charged for the following offenses:

• Possessing child pornography – two or more previous convictions
• Promoting child pornography – one previous conviction
• Employment harmful to children – child under 14 years of age
• Employing or inducing a child to participate in a sexual performance

Facing such serious penalties can be frightening. When under the stress of a criminal accusation, your decision-making may be hampered, and you could do or say something that adversely affects the outcome. Before you make a move in your case, speak with our Houston child pornography lawyer. We know that there are ways to fight charges, and we will discuss the avenues we can explore.

Is There a Sex Offender Registration Requirement for a Child Pornography Conviction?

If a person is convicted of a child pornography offense, they must register as a sex offender. The information on the sex offender registry is accessible to the public, which means the individual could face further ramifications even after they have completed their sentence.

What Are the Stages of a Child Pornography Case in Texas?

Cases involving child pornography are multi-faceted and extensive. In general, to obtain a conviction, the prosecutor must prove that the alleged offender knowingly engaged in the conduct and that the material depicted a child under 18 years of age. As such, the investigation and preparation stages are thorough.

Some of the steps involved in a Texas child pornography case include the following:

• Investigation: After law enforcement officials identify possible child pornography, they will trace the IP address. They will also obtain a search warrant to seize the suspect’s computer, tablet, phone, or other devices that the visual depiction may be on.

Investigators must determine the age of the child to confirm that the alleged offender had or produced unlawful material. Verifying the child’s age may be done by:

• Conducting a personal inspection
• Inspecting the visual material
• Getting testimony from witnesses
• Relying on expert medical testimony based on the child’s appearance
• Filing charges: After the investigation stage, the prosecutor will review the evidence to determine whether it is sufficient enough to prosecute. If they feel that it is, they will file official charges.
• Defending against allegations: After the charges have been brought, a Houston child pornography attorney can review the prosecutor’s evidence to identify holes. They will also listen to their client’s side of the story to build a strategic and unique defense. The lawyer will fight in and out of court to protect their client’s rights and future.

What Makes Child Pornography Crimes Challenging?

Because of the proliferation of the Internet and the development of social media platforms, child pornography cases have evolved. A majority of these crimes occur online, and investigations often rely on tracing the IP address of a person suspected of possessing, distributing, or producing child pornography.

Although investigative techniques have changed with the times, that does not mean they are 100% accurate. Some individuals involved in child pornography offenses may use various channels to obscure their identities. Because of this, an innocent person may be suspected because the actual offender somehow routed activity through their IP address.

Child pornography cases are highly technical and require the help of an experienced Houston child pornography attorney who knows how to handle them. At Drehner Law, we are ready to review every detail of your case to uncover the facts.

Houston Sex Crime Lawyer

Reach out to Drehner Law as soon as possible to get started on your defense. We will jump into action right away to aggressively fight your charge.

Contact us at 832-626-0063.