Child Pornography Charges in Dallas, TX
We understand that being accused of possessing or promoting child pornography can be frightening and frustrating, to say the least. It is extremely common to feel alone and isolated, not knowing who you can trust. Family members and friends are often torn. You need to be able to turn to someone you know you can trust. You need an experienced and compassionate Dallas child pornography defense lawyer on your side.
Police, prosecutors, and courts take child pornography allegations very seriously. These can carry incredibly harsh prison sentences. Moreover, a permanent criminal record and lifetime sex offender registration are the norm. What’s more, a child pornography accusation can be devastating to your family and future. Damage to your reputation and your career can be irreversible. Don’t put your life, family, and future in just anyone’s hands. When you’re facing all this, you need the best possible Dallas child pornography defense attorney in your corner.
Defining Child Pornography in Texas
Important Terms Defined
Child pornography (or child porn) is defined under Texas law as any visual material that depicts a child who is younger than 18 at the time of the image was made engaging in sexual conduct.
“Sexual conduct” (Texas Penal Code § 43.25) – means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
Possession of Child Pornography
A person commits possession of child pornography (Texas Penal Code § 43.26) if they knowingly or intentionally possess child pornography. Another way a person commits this offense is if they knowingly or intentionally access with the intent to view child pornography. Both of these ways of committing possession of child pornography require that the person knows that the material is child pornography.
Promotion of Child Pornography
A person commits promotion of child pornography (Texas Penal Code § 43.26) if they promote or possesses with the intent to promote child pornography and the person knows the material is child pornography.
“Promote” (Texas Penal Code § 43.25) means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or offer or agree to do any of the above.
Resources and Information
Our Dallas sex crime lawyers can help you better understand your charges and options. See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Penalties for Child Pornography in Texas
Possession of a Child Pornography
A first offense of possession of child pornography is generally a third-degree felony. As a result, you could face 2 – 10 years in prison and up to a $10,000 fine. A second offense is a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. A third or more offense is a first-degree felony. As a result you could face 5 – 99 years or life in prison and up to a $10,000 fine.
Promotion of Child Pornography
A first offense of promotion of child pornography or possession with the intent to promote child pornography is a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. A second offense is a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.
Defending Child Pornography Charges
Many people (and lawyers) think that someone accused of child pornography charges cannot get a fair trial. Our experience in courtrooms tells us otherwise. These cases are complicated and, depending on the facts, can be quite difficult for the prosecutor to prove. The key to a successful defense is putting the burden and pressure back on the prosecutor.
The prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas child pornography defense attorney, it can be a powerful weapon.
Dallas Child Pornography Defense Lawyer
If you or someone you love has been accused of possession or promotion of child pornography in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas child pornography defense attorney Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
What Makes Mike Howard Different
Attorney Howard works to listen and understand your needs. He walks you through all of your options and guides you through what can work. We explain the law, your rights, and the legal process. We fight hard for you.
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Child Pornography Defense Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas child pornography defense attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
We put our clients first because we believe you are a person, not just another case number. I know the justice system is intimidating, so I make sure you understand the charges you are facing, the options we have available, and how hard we are going to fight in your case.
Start Your Defense in Dallas Today
If you are facing child pornography charges, you need skilled legal representation that knows how the criminal justice system works. At the Law Office of Mike Howard, we understand how challenging these cases are, and that you might feel like your situation is hopeless. We’re here to tell you there is hope, and we are ready to fight for you.
Call (214) 296-2221 or fill out our contact form to schedule your consultation now.
