Sex Crimes

Child Pornography Attorney

Are you currently facing allegations for child pornography?

You need to work with a firm that stands by clients during every step of their legal journey. At the Law Offices of Billy Skinner, we dedicate our resources and experience toward guiding our clients through the Texas criminal justice system and toward a successful resolution. A former prosecutor and a passionate advocate for the rights of the accused, Billy Skinner is here to help individuals navigate through these difficult experiences.

Criminal Offenses Relating to Child Pornography

Crimes involving child pornography are usually computer offenses that involve the distribution of explicit images through electronic means. Although crimes need not be committed using electronic transferring, the increasing prevalence of Internet crimes has also caused the prevalence of child pornography offenses to rise.

Some common criminal offenses related to child pornography:

  • Possession or Distribution of Child Pornography
  • Production of Child Pornography
  • Offenses Related to Online Chat Rooms
  • Peer-to-Peer Sharing

What Texas State Law Says About Child Pornography

The possession or promotion of child pornography is persecuted under § 43.26 of the Texas Penal Code. Per this section of the law, it is a criminal offense for a person to knowingly possess visual material that depicts a minor (an individual who is under the age of 18) engaging in sexual conduct. This is a third degree felony.

It is considered to be a second degree felony if the defendant:

  • Promoted or possessed with the intent to promote; and
  • Knew the material depicted a child under the age of 18.

Anyone who possesses six or more identical materials is said to be possessing with intent to promote.

What are common defenses to charges of child porn?

Just because you have been criminally charged with a crime related to child pornography, does not mean that you will be convicted. In fact, Texas state law provides affirmative defenses to these charges, which include:

  • Defendant was the spouse of the child at the time of the offense;
  • Conduct was for educational, medical, psychological, psychiatric, judicial, or legislative purposes; or
  • Defendant was no more than two years older than the child.

Other defenses that can be advanced include arguing the possession was accidental (the defendant did not “knowingly receive”) and that the defendant did not know the individual in the material was a minor.

Law Offices of Billy Skinner: Fighting for Your Rights

Regardless of whether you face these allegations on a state or federal level, you can trust in our legal team to fight intelligently and vigorously on your behalf. Having represented many clients accused of child pornography crimes, our legal team knows that many of these charges stem from unintentional downloads or an improperly identified offender, especially when a computer is used by several different people.

Our seasoned lawyers can review the evidence in your case and consider important defense concerns:

  • Is there any evidence showing it was accidentally downloaded or received in an email?
  • Had other users been using your computer?
  • Were you wrongly accused because someone else viewed inappropriate material on your device?
  • Is the material a real depiction of a child or was it simulated?
  • Does the evidence suggest that items were disseminated to others?
  • Does the material meet the legal meaning of lewd?

We meticulously examine all of the circumstances surrounding your case and strive to defeat wrongful accusations, have charges dismissed, or have penalties reduced. We understand your freedom is on the line and that a conviction may result in mandatory lifetime sex offender registration. Our legal team will work collectively to conduct a thorough, independent investigation of your case while preparing for trial.

Retain a Houston defense lawyer to stand by your side!

From protecting your rights during investigations and trial to presenting clear, convincing evidence that casts doubt on the prosecution’s case, our defense team is devoted to remaining by your side throughout every step of the legal process. A firm advocate for ensuring that all accused individuals are innocent until proven guilty, he is a Houston criminal attorney you can trust and feel confident about working with.

If you would like to discuss your case, contact the Law Offices of Billy Skinner today at (713) 600-7777.