Facing accusations related to child pornography can be overwhelming, with serious consequences, including charges at both the state and federal level. Often, these cases involve images found on a device, sometimes without the owner’s knowledge. However, once law enforcement identifies such material, it can lead to criminal charges and mandatory sex offender registration.
With over 25 years of experience in criminal law, Brett Podolsky has a solid record of defending clients facing various charges, including those involving child pornography. As a former Assistant Criminal District Attorney, he understands how prosecutors build their cases and uses this insight to craft effective defense strategies. Brett’s approach ensures that clients feel supported and informed throughout the process.
Texas Penal Code §43.26, last updated in 2023, addresses two important aspects of child pornography: Possession and Promotion. These laws specifically concern visual materials depicting minors under 18 years of age engaged in “sexual conduct.” Key points include:
Under Section 43.26(a), the law defines possession as knowingly having, or accessing with the intent to view, any visual material that shows a minor under 18 engaging in explicit acts. This includes digital images, videos, or other media. Importantly, to be charged, the material must be within the person’s control, and there must be proof that they were aware of its nature.
Charges may also relate to trafficking under Section 20A.02, which covers scenarios where a minor is exploited or coerced into such situations, as outlined in subdivisions (5), (6), (7), or (8).
Promotion, detailed in Section 43.26(e), goes beyond mere possession. It involves distributing, sharing, or making illegal content available to others through various means, including email, messaging apps, or file-sharing platforms. Promotion may include acts such as selling, distributing, or transmitting such materials, whether online or through physical media.
The Texas law also addresses the sexual exploitation of a minor, including the creation, production, or facilitation of illegal content. Charges can apply even if the accused was indirectly involved in the production process. Exploitation under these laws can be aggravated by elements of coercion or trafficking, leading to harsher penalties.
The penalties for offenses under these categories range from third-degree to first-degree felonies, with severe punishments, including lengthy prison sentences, significant fines, and mandatory sex offender registration. Senate Bill 1527 and Senate Bill 129, passed in 2023, introduced specific enhancements for repeat offenses, the number of visual depictions, and cases involving certain aggravating factors, such as prior convictions or depicting particularly young children.
Every case carries its own set of legal nuances, and the prosecution must prove specific elements to secure a conviction. Defending against these charges means understanding the complexities, challenging the evidence, and exploring potential defenses, such as a lack of knowledge about the material or whether it was obtained through unlawful search and seizure.
In Texas, “sexual conduct” covers a range of explicit behaviors. This can include direct physical acts, like intercourse, as well as other activities like masturbation or the exhibition of genitalia. The law also mentions actions such as “deviate sexual intercourse,” which refers to contact between a person’s genitals and another person’s mouth or anus, as well as “sexual contact,” defined as any touching of intimate areas intended to arouse or gratify sexual desire. These legal definitions are important because they help determine how cases are approached. If you’re dealing with a situation involving these terms, an experienced attorney can explain how they might relate to your case.
If you’re under investigation for child pornography, it’s important to act quickly and contact a defense attorney who has experience in these cases. Avoid speaking to law enforcement without legal representation, as anything you say can be used against you. A skilled lawyer can guide you on how to handle any interactions with investigators and help you understand your rights. Acting early can make a significant difference in how your case proceeds.
For law enforcement to search your devices, they must follow strict legal procedures, usually involving a search warrant. If they conduct a search without the proper legal steps, any evidence they collect might be challenged in court. It’s important to have a lawyer review how your case was handled to ensure that your rights were respected during the search process.
Yes, law enforcement agencies often use sophisticated technology to monitor and track online activities related to child pornography. This includes tracking downloads, uploads, and other forms of data sharing through IP addresses and digital footprints. If illegal material is found linked to your device or account, this can lead to an investigation and potential charges. However, proving actual possession or intent can be complicated, and a knowledgeable attorney can review how evidence was gathered to ensure it was obtained legally.
Penalties for child pornography offenses in Texas can vary, ranging from third-degree to first-degree felonies, depending on the details of the case. Factors like the amount and type of material involved, any previous offenses, or evidence of coercion can lead to more severe consequences. If convicted, a person may face long prison sentences, substantial fines, and mandatory registration as a sex offender. Recent updates to the law, like Senate Bill 1527 and Senate Bill 129, have introduced tougher penalties, especially for repeat offenders.
Probation, or community supervision, is usually not an option for child pornography offenses in Texas due to strict legal rules. Under Texas law (Art. 42A.054), judges are generally prohibited from granting probation for charges involving the possession or promotion of child pornography. Exceptions to this rule are very limited, and any prior offenses or aggravating circumstances make probation even less likely. Because each case is unique, it’s best to speak with an experienced attorney who can review your situation and explain what legal options might be available.
When facing accusations related to child pornography, having an experienced defense attorney makes all the difference. With over 25 years in the criminal justice system, Brett Podolsky knows how to thoroughly evaluate your case, identify weaknesses in the prosecution’s evidence, and build a strong defense. His approach focuses on clear communication and aggressive representation, aiming to reduce or even dismiss charges.
Contact the Law Office of Brett A. Podolsky at 713-227-0087 for a confidential consultation. Brett is ready to listen, guide you through your options, and develop a defense strategy that protects your rights.
