San Antonio Child Pornography Possession Attorney

Child pornography charges include a few different types of offenses involving pornographic depictions of children. The two primary charges under this umbrella are:

• Possession of Child Pornography – If you own child pornography with the intent to view, you may face possession charges.
• Promotion of Child Pornography – This includes producing, selling, and distributing child pornography materials.

Both of these types of offenses are charges under the same Texas law, with a variety of penalties depending on the specifics of the case. To learn more about the offenses you’re facing, you should reach out to a capable criminal defense attorney. An attorney can help you navigate the legal process, from investigating and getting witness statements to building reasonable doubt in court.

There are many different levels of charges under Texas law for child pornography. Charges range from a third-degree felony to a first-degree felony with enhancements, including mandatory minimum sentences for some types of cases. You can learn more below:

• Third Degree Felony – Charges for child pornography with no enhancements, including possession of fewer than 10 pieces of explicit material, are typically third-degree felonies.
• Second Degree Felony – Previous convictions for the same offense or possession of between 10 and 50 pieces of explicit material can increase your charge to a second-degree felony.
• First Degree Felony – Two or more previous convictions, possession of more than 50 items, and possession of depictions of sexual assault involving a child can bring first-degree felony charges.

Keep in mind that this list does not include all of the offenses found under the child pornography statute. To get information about what charge you may face, you should talk to a lawyer. Child pornography cases often fall under federal law, leading to cases in both state and federal courts. You need a lawyer who’s ready to fight for you in court if needed.

For cases involving allegations of child pornography possession or promotion, there are a few common defense strategies that your defense attorney may use to help reduce your charges:

• Procedural Errors – Your attorney may argue that law enforcement made mistakes in their investigation, from unlawful device seizures to Miranda Rights violations.
• Accidental Possession – If you weren’t aware that the material depicted minors engaged in sexually explicit conduct, your charges may be reduced.
• Lack of Evidence – Your lawyer may argue that there isn’t enough physical or digital evidence to prove the prosecution’s case.

From challenging search warrants and forensic evidence to supporting innocent explanations for your situation, you can count on an experienced San Antonio child pornography lawyer to help you defend your freedom.