Kiddie Porn: Don’t Get Busted Or Else…

January 10, 2014

In Texas, it is a crime to make, distribute, or possess child pornography. The law describes child pornography as sexual conduct that is “visually represented”. Visual representation can occur in a variety of manners, including videos, photographs or even live performances. In addition, sexual conduct does not actually have to include intercourse, as a few things that could be considered illegal sexual conduct are:

  • Simulating sexual intercourse
  • Masturbation
  • Lewd exhibition of the female breast or the genitals or anus of either gender

 

Child Pornography Crimes of Possession

Possessing material considered to be child pornography is a third-degree felony, which is punishable by between two and ten years in prison, and a fine that may not exceed $10,000. When there is intent to distribute or promote child pornography, the penalty increases to a second-degree felony, which can increase one’s jail time to as much as 20 years.

Producing or Employing Children

Those who prey upon very young children in order to produce child pornography or solicit them to participate tend to be treated extremely harshly by the state of Texas. When employing a child for sexual performance or conduct the penalty is normally a second-degree felony; however, it can increase to a first-degree felony if the child is under the age of 14. This means that the possible sentence could be:

  • Up to 99 years in prison
  • $10,000 fine

When charged with producing, promoting or directing a performance the act is considered a third-degree felony, but increases to a second-degree felony whenever the child is under the age of 14.

Parental Penalties For Child Pornography

Parents who knowingly allow their children to engage in the production of child pornography can also be charged with a crime. It is against the law to allow a child under the age of 18 to perform work for a “sexually commercial activity” or to be employed in any situation that requires him or her to be either nude or topless. This crime is a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000.

Crimes of Possession of Underage Porn

There are some defenses available for those who are facing child pornography charges of any type:

  • Entrapment
  • Age, if the defendant is also a minor
  • Lack of knowledge concerning the child’s age
  • Acting under duress or threat
  • Inability to form requisite intent

The exact defenses available will depend upon the circumstances surrounding each case. In using these defenses, the goal is often to reduce the penalty a defendant faces rather than absolve him or her of responsibility altogether.

If you have been accused of making, possessing or distributing child pornography, then you will need legal representation fast. Call Brett A. Podolsky today at 713.227.0087 to schedule a free legal consultation.