Sex Crimes Attorney in Houston
In the state of Texas, child pornography offenses are defined by
Texas Penal Code § 43.25, et seq., as the exploitation of children through the creation, promotion, or possession
of materials that contain depictions of sexual acts involving children
under the age of 18.
If you have been accused of creating, promoting, or possessing child pornography,
our team at The Law Office of Jason Luong, PLLC is here to help you mitigate
penalties and make a strong defense for you in court. Don’t wait
to bring us onto your team and let us help you build your case.
Creation of Child Pornography
There are serious penalties for solicitation and employment of a child
to participate in a sexual performance or depiction of sexual acts. In
Texas, it is considered a third degree felony to produce, direct, or create
pornographic material depicting minors under 18, which can result in 2-10
years in state prison and maximum fines of $10,000. If the minors involved
are under 14, this is classified as a second degree felony, which can
send you to a state prison for anywhere from 2-20 years and cost you up
to $10,000 in fines. If you are found to employ a minor under 14 years
old for sexual productions or acts, charges will be amped up to a first
degree felony, which can land you in prison from 5-99 years, including fines.
Promotion and Distribution of Child Pornography
In Texas, you are presumed to have the intention of promoting and distributing
child pornography if you are in possession of 6 or more identical pornographic
images involving children under 18 years old. This is also considered
a second degree felony and is upgraded to a first degree felony if children
under the age of 14 are involved. The same prison sentences and fines
applied to creators of child pornography are applicable to promotion.
Employing or permitting a child to work in sex-based commercial activity
can result in a Class A misdemeanor, which could result in up to 1 year
of jail time and maximum fines of $4,000.
Possession of Child Pornography
Texas laws define possession of child pornography in two ways. According
to Texas Penal Code § 43.25, possession of child pornography occurs
when “the person knowingly or intentionally possesses, or…
accesses with intent to view visual material that visually depicts a child
younger than 18 years of age at the time the image of the child was made
who is engaging in sexual conduct.” The person accessing such material
must know the pornographic material contains images of minors.
Child Pornography Charges
The adverse effects of any sort of felony conviction will carry over into
your professional, financial, and personal life. However, being charged with a
sex crime (which requires you to register as a sex offender) is particularly detrimental
to your social life and relationships and can negatively affect you for
the rest of your life. The isolating effects alone should be enough to
motivate you to fight the child pornography charges brought against you.
If you are facing child pornography charges, get started building your
case today by calling our experienced criminal defense attorney at
The Law Office of Jason Luong, PLLC at (713) 489-2009 or schedule your
free case evaluation today.